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Proposed Collection; Comment Request [Notices] [04/21/1997]

ESA Federal Register Notice

Proposed Collection; Comment Request [04/21/1997]

[PDF Version]

Volume 62, Number 76, Page 19356-19357

[DOCID:fr21ap97-110]

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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 two information collections: (1) The proposed 
extension collection of Form WH-1, Economic Survey Schedule and (2) 
Form CM-908, Notice of Termination, suspension, Reduction, or Increase 
in Benefit Payments. Copies of the proposed information collection 
requests can be obtained by contacting the office listed below in the 
addressee section of this notice.

dates: Written comments must be submitted to the office listed in the 
addressee section below on or before June 18, 1997. The Department of 
Labor is particularly interested in comments which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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.

addresses: Contact Mr. Rich Elman concerning Form WH-1 at the U.S. 
Department of Labor, 200 Constitution Ave., N.W., Room S-3201, 
Washington, D.C. 20210, telephone (202) 219-6375. For Form CM-908, 
contact Ms. Margaret Sherrill at the above address, (202) 219-7601. 
(These are not toll-free numbers.) The Fax number is (202) 219-6592.

[[Page 19357]]

supplementary information:

I. Background

    Sections 5, 6(a)(3) and 8 of the Fair Labor Standards Act (FLSA), 
29 U.S.C. 201 et seq., provide that covered, non-exempt employees in 
American Samoa may be paid, in lieu of the federal statutory minimum 
wage specified in section 6(a), at a minimum wage rates established by 
a special industry committee. The committee is to recommend to the 
Secretary of Labor, the highest minimum wage rate (not to exceed the 
rate required under section 6(a)(1) of the FSLA) 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 American Samoa a competitive advantage over any industry in 
the United States outside of American Samoa. The committee must 
consider competitive consideration 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. Form WH-1 is 
a voluntary use form competed by businesses in American Samoa to 
disclose certain economic data concerning their particular 
establishment. The completed forms are collected and examined by 
employees of the Wage and House Division (WHD) who are sent to American 
Samoa to complete the survey.

II. Current Actions

    The Department of Labor (DOL) seeks extension of approval to 
collect this information in order to carry out its responsibility to 
gather information to provide the industry committee with the data 
necessary to recommend wage rates for the various industries in 
American Samoa. This information is essential to enable the 
Administrator, WHD to prepare the economic report, for the committee, 
that provides the economic data to set the wage rates.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Economic Survey Schedule.
    OMB Number: 1215-0028.
    Agency Numbers: WH-1.
    Affected Public: Business or other for-profit; State, Local or 
Tribal Government.
    Total Respondents: 50.
    Frequency: Biennially.
    Total Responses: 50.
    Average Time Per Response for Reporting: 45 minutes.
    Estimated Total Burden Hours: 38.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): 0.

I. Background

    The Federal Mine Safety and Health Act of 1977, as amended (30 
U.S.C. 942) and 20 CFR 725.621 requires that Coal Mine operators or 
their representatives (called responsible operators (RO)), to pay Black 
Lung benefits to a miner or the miner's surviving family. ROs who pay 
benefits are required to report any change in the benefit amount to the 
Department of Labor (DOL). The CM-908 notifies DOL of the change in the 
beneficiary's benefit amount and the reason for the change.

II. Current Actions

    DOL seeks extension of approval to collect this information in 
order to insure the Division of Coal Mine Workers' Compensation (DCMWC) 
regulations are followed and that Black Lung beneficiaries receive 
accurate and timely benefit payments from the RMOs.

    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Notice of Termination, Suspension, Reduction, or Increase in 
Benefit Payments.
    OMB Number: 1215-0064.
    Agency Numbers: CM-908.
    Affected Public: Business or For Profit.
    Total Respondents: 325.
    Frequency: On occasion.
    Total Responses: 9,000.
    Average Time Per Response for Reporting: 12 minutes.
    Estimated Total Burden Hours: 1,800.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $3,060.00.
    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: April 15, 1997.
Margaret J. Sherrill,
Management Analysis Officer, Division of Financial Management, Office 
of Management, Administration and Planning, Employment Standards 
Administration.
[FR Doc. 97-10203 Filed 4-18-97; 8:45 am]
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