[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6556-6558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3476]


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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

[[Page 6557]]

properly assessed. Currently, the Employment Standards Administration 
is soliciting comments concerning two proposed extension information 
collections: (1) the Wage Statement (English and Spanish) Forms, WH-501 
and WH-501S and (2) the Airline Job Vacancies List and semi-annual 
reports of designated employees hired.
    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 April 14, 1997. 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.

ADDRESSES: For the Wage of Statement submission, contact Mr. Rich 
Elman, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-
3201, Washington, DC 20210, telephone (202) 219-6375. For the Airline 
Vacancy Listing, contact Ms. Margaret Sherrill at the same address 
above, telephone 202-219-7601. (These are not toll-free numbers.) Fax 
202-219-6592.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 201(d) and 301(c) of the Migrant and Seasonal Agricultural 
Worker Protection Act (MSPA) and section 500.80 of Regulations 29 CFR 
Part 500, Migrant and Seasonal Agricultural Protection, require that 
each farm labor contractor, agricultural employer, and agricultural 
association which employs any migrant or seasonal worker make, keep, 
and preserve records for three years for each such worker concerning: 
(1) the basis on which wages are paid; (2) the number of piece work 
units earned, if paid on piece work basis; (3) the number of hours 
worked; (4) the total pay period earnings; (5) the specific sums 
withheld and the purposes of each sum withheld; and, (6) the net pay. 
These sections also require that an itemized written statement of this 
information be provided to each migrant and seasonal worker. In 
addition, section 201(e) and 301(d) require that each farm labor 
contractor provide to other farm labor contractors, agricultural 
employers or agricultural associations to whom the contractor has 
furnished migrant or seasonal workers, copies of all records noted 
above for such workers. Forms WH-501 and WH-501S are optional forms 
which a farm labor contractor, agricultural employer and agricultural 
association can maintain as a record and provide as a statement of 
earnings to migrant and seasonal agricultural workers and users of such 
workers, listing the method of payment of wages.

II. Current Actions

    The Department of Labor (DOL) seeks extension of approval to 
collect this information in order to carry out its responsibility to 
monitor compliance by employers of any migrant or seasonal workers to 
ensure that they maintain specific weekly payroll information and 
provide copies to each worker and the person(s) furnished the worker. 
Failure to require employers to maintain such records would make 
determination of compliance by DOL extremely difficult.

    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Wage Statement (English and Spanish).
    OMB Number: 1215-0148.
    Agency Numbers: WH-501 and WH-501S.
    Affected Public: Individuals or households; Business or other for-
profit, Farms.
    Total Respondents: 1.5 million.
    Frequency: On occasion.
    Total Responses: 39 million.
    Average Time Per Response for Reporting: \1/2\ minute.
    Average Time Per Response for Recordkeeping: \1/2\ minute.
    Estimated Total Burden Hours: 650,000.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): 0.

SUPPLEMENTARY INFORMATION:

I. Background

    The Airline Deregulation (AirDereg) Act requires the Secretary of 
Labor to establish a program to implement the first-right-of-hire 
provisions of the legislation (29 CFR, Part 220), to insure that 
furloughed, protected employees (designated employees) may exercise 
their statutory rights. AirDereg provides a mechanism for the 
monitoring hiring activity in the airline industry. Section 43(d)(2) of 
the Regulations provides that covered air carriers submit a semi-annual 
list of all jobs filled and certify the reason if any job is filled 
with a ``non-designated employee''. All covered air carriers shall 
report their permanent job vacancies as they occur, to a central job 
center, for the preparation of a comprehensive list of jobs in the 
industry that is distributed to all state employment agencies. The 
Airline Vacancy Listing Form requests such information as name and 
location of airline, vacancy location, occupational specialty, job 
title, and salary. The information is submitted by the covered airlines 
semi-annually.

II. Current Actions

    The Department of Labor seeks extension of approval to collect this 
information to enable airlines to meet the reporting requirement on 
their hiring activity and job vacancies. The reports will determine 
whether carriers have complied with the duty to hire and provide 
information that can be made available to protected employees. If this 
information was not collected, this source of information would not be 
available to designated employees to obtain work nor anyone seeking 
work in the airline industry.

    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Airline Vacancy Listing.
    OMB Number: 1214-0004.
    Affected Public: Business or other for-profit.
    Total Respondents: 4.
    Frequency: Semi-annually.
    Total Responses: 223.
    Average Time Per Response for Reporting: 15 minutes.
    Estimated Total Burden Hours: 310.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $580.
    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 requests; they will also become 
a matter of public record.


[[Page 6558]]


    Dated: February 7, 1997.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 97-3476 Filed 2-11-97; 8:45 am]
BILLING CODE 4510-27-M