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November 9, 2008    DOL Home > ESA

ESA Federal Register Notice

Proposed Collection; Comment Request [02/14/2006]

[PDF Version]

Volume 71, Number 30, Page 7800-7801

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DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the proposed collection: Economic Survey Schedule 
(WH-1). A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the addresses section 
of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 17, 2006.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, e-mail bell.hazel@dol.gov. Please 
use only one method of transmission for comments (mail, fax, or e-
mail).

SUPPLEMENTARY INFORMATION:

Background

    Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., Sec. Sec.  
5, 6(a)(3) and 8 provide that covered, non-exempt employees in America 
Samoa may be paid at minimum wage rates established by a Special 
Industry Committee, in lieu of the general federal minimum wage 
specified in Sec.  6(a)(1) of the Act. The FLSA requires the Committee 
to recommend to the Secretary of Labor the highest minimum wage rate--
not to exceed the rate required under FLSA Sec.  6(a)(1)--that it 
determines, having due regard to economic and competitive conditions, 
will not substantially curtail employment in the industry and will not 
give any industry in America Samoa a competitive advantage over any 
industry in the U.S. outside of America Samoa. The Committee must 
consider competitive conditions as affected by transportation, living 
and production costs; the wages established by collective bargaining 
agreements in various industries; and wages paid by employers who 
voluntarily maintain minimum wage standards. FLSA Sec.  5(d) requires 
the Secretary of Labor to provide data on the matters the Committee 
will consider. Regulations 29 CFR 511.6 and 511.11 require the 
Administrator of the Wage and Hour Division (WHD) of DOL prepare for 
the Committee an economic report containing data pertinent to 
establishing industry minimum wage rates in America Samoa. WHD uses 
Form WH-1, Economic Survey Schedule, to gather the information 
necessary to prepare the economic report. This information collection 
is currently approved for use through August 31, 2006.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Department of Labor seeks approval for the extension of this 
information collection in order to gather information necessary to 
prepare the required economic report used by the Committee to set 
industry wage rates in America Samoa.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Economic Survey Schedule.
    OMB Number: 1215-0028.
    Agency Number: WH-1.
    Affected Public: Business or other for-profit; State, Local or 
Tribal Government.
    Total Respondents: 67.
    Total Responses: 67.
    Time per Response: 45 minutes.
    Frequency: Biennially.
    Estimated Total Burden Hours: 50.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or

[[Page 7801]]

included in the request for Office of Management and Budget approval of 
the information collection request; they will also become a matter of 
public record.

    Dated: February 8, 2006.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
 [FR Doc. E6-2067 Filed 2-13-06; 8:45 am]

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