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November 9, 2008    DOL Home > ESA

ESA Federal Register Notice

Proposed Collection; Comment Request [01/10/2007]

[PDF Version]

Volume 72, Number 6, Page 1247-1248

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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: Vehicle Mechanical 
Inspection Report for Transportation Subject to Department of 
Transportation Requirements (WH-514); Vehicle Mechanical Inspection 
Report for Transportation Subject to Department of Labor Safety 
Standards (WH-514a) and Doctor's Certificate (WH-515). 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 March 12, 2007.

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:

I. Background

    Migrant and Seasonal Agricultural Worker Protection Act (MSPA) 
section 401 (29 U.S.C. 1841) requires, subject to certain exceptions, 
all Farm Labor Contractors (FLCs), Agricultural Employers (AGERs), and 
Agricultural Associations (AGASs) to ensure that any vehicle they use 
or cause to be used to transport or drive any migrant or seasonal 
agricultural worker conforms to safety and health standards prescribed 
by the Secretary of Labor under the MSPA and with other applicable 
Federal and State safety standards. These MSPA safety standards address 
the vehicle, driver, and insurance. The Wage and Hour Division (WHD) 
has created Forms WH-514, WH-514a, and WH-515, which allow FLC 
applicants to verify to the WHD that the vehicles used to transport 
migrant/seasonal agricultural workers meet the MSPA vehicle safety 
standards and that anyone who drives such workers meets the Act's 
minimum physical requirements. The WHD uses the information in deciding 
whether to authorize the FLC/FLC Employee applicant to transport/drive 
any migrant/seasonal agricultural workers or to cause such 
transportation. Form WH-514 is used to verify that any vehicle used or 
caused to be used to transport any migrant/seasonal agricultural 
worker(s) meets the Department of Transportation (DOT) safety 
standards. When the adopted DOT rules do not apply, FLC applicants 
seeking authorization to transport any migrant/seasonal agricultural 
workers use Form WH-514a to verify that the vehicles meet the DOL 
safety standards and upon the vehicle meeting the required safety 
standards, the form is completed. Form WH-515 is a doctor's certificate 
used to document that a motor vehicle driver or operator meets the 
minimum DOT physical requirements that the DOL has adopted. This 
information collection is currently approved for use through July 31, 
2007.

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;

[[Page 1248]]

     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 verify that farm labor contractors, 
agricultural employers, and agricultural associations have complied 
with the applicable safety standards.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Vehicle Mechanical Inspection Report for Transportation 
Subject to Department of Transportation Requirements (WH-514); Vehicle 
Mechanical Inspection Report for Transportation Subject to Department 
of Labor Safety Standards (WH-514a); Doctor's Certificate (WH-515).
    OMB Number: 1215-0036.
    Agency Number: WH-514, WH-514a, and WH-515.
    Affected Public: Business or other for profit; Farms.
    Total Respondents: 2,400.
    Total Responses: 3,900.
    Average Time per Response: 5 minutes.
    Average Time per Response for Recordkeeping: 1 minute.
    Estimated Recordkeeping Hours: 35 hours.
    Estimated Total Burden Hours: 360 hours.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $215,100.
    Comments submitted in response to this notice will be summarized 
and/or 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: January 4, 2007.
Ruben Wiley,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. E7-159 Filed 1-9-07; 8:45 am]

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