[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Notices]
[Pages 64737-64739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31192]


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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 extension of seven information 
collections. Four of the information collections are conducted by the 
Office of Workers' Compensation Programs, and three are conducted by 
the Wage and Hour Division. The collections are: (1) Claim for 
Continuance of Compensation, CA-12; (2) Pre-Hearing Statement, LS-18; 
(3) Miner's Claim for Benefits Under the Black Lung Benefits Act, CM-
911, Employment History, CM-911A, Miner Reimbursement Form, CM-915; (4) 
Overpayment Recovery Questionnaire, OWCP-20; (5) Housing Occupancy 
Certificate Under the Migrant and Seasonal Worker Protection Act, WH-
520; (6) Application for Special Industrial Homeworker's Certificate, 
WH-2, Application for Authority to Employ Workers with Disabilities at 
Special Minimum Wages, WH-226-MIS, Supplemental Data Sheet for 
Application for Authority to Employ Workers with Disabilities at 
Special Minimum Wages, WH-226A-MIS; and (7) Worker Information-Terms 
and Conditions of Employment, WH-516 English and Spanish Versions. A 
copy 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 January 25, 1999. 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: Contact Ms. Patricia Forkel at the U.S. Department of Labor, 
200 Constitution Avenue, N.W., Room S-3201, Washington, D.C. 20210, 
telephone (202) 693-0339. The Fax number is (202) 219-6592. (These are 
not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Claim for Continuance of Compensation, CA-12

I. Background

    Under the provisions of the Federal Employees' Compensation Act, 
eligible dependents of deceased Federal employees receive compensation 
on account of the employee's death. The Office of Worker's Compensation 
Programs monitors death benefits for criteria which qualify the 
beneficiary as the employee's dependent under the law. The CA-12 is 
designated for this purpose.

II. Current Actions

    The Department of Labor (DOL) seeks approval of the extension of 
this information collection in order to carry out its responsibility to 
ensure that

[[Page 64738]]

death benefits are being paid correctly, and that no payments are being 
made to ineligible survivors.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title(s): Claim for Continuance of Compensation.
    OMB Number: 1215-0154.
    Agency Number(s): CA-12.
    Affected Public: Individuals or households.
    Total Respondents: 6,054.
    Frequency: Annually.
    Average Time per Response: 5 minutes.
    Total Burden Hours: 505.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $2,118.90.
    Pre-Hearing Statement, LS-18

I. Background

    The Longshore and Harbor Workers' Compensation Act provides 
benefits to certain workers injured in maritime employment. Title 20, 
CFR 702.317 provides for the referral of claims under the Longshore Act 
for formal hearings. Before a case is transferred to the Administrative 
Law Judge, each of the parties or their representatives must be 
provided with a copy of a pre-hearing statement form, which they must 
complete and return to Longshore. Longshore then transmits them to the 
Office of the Chief Administrative Law Judge with all available 
evidence which the parties intend to submit at the hearing. The LS-18 
is the form used to refer cases for formal hearing.

II. Current Actions

    The Department of Labor (DOL) seeks approval of the extension of 
this information collection in order to carry out its responsibility to 
prepare cases for hearing and to establish and clarify the issues 
involved.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title(s): Pre-Hearing Statement.
    OMB Number: 1215-0085.
    Agency Number(s): LS-18.
    Affected Public: Individuals or households, Business or other for-
profit.
    Total Respondents: 6,800.
    Frequency: On occasion.
    Average time per Response: 10 minutes.
    Estimated Total Burden Hours: 1,088.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $2,456.50

Miner's Claim for Benefits Under the Black Lung Benefits Act (CM-
911), Employment History CM-911a), Miner Medical Reimbursement Form 
(CM-915)

I. Background

    Title IV of the Federal Mine Safety and Health Act of 1977, and its 
subsequent amendments, provide for the payment of benefits to a coal 
miner who is totally disabled by black lung disease, and to certain 
eligible survivors of the miner. The CM-911 is the application form. 
The CM-911a, which is completed along with the CM-911, renders a 
complete history of employment and is used to establish employment 
criteria for benefit eligibility. Under the program, miner payees are 
eligible for reimbursement of out-of-pocket medical expenses for 
treatment and for medical expenses incurred in the development of a 
claim. The CM-915 is used to request such reimbursement.

II. Current Actions

    The Office of Workers' Compensation Programs seeks the extension of 
this currently approved information collection in order to carry out 
its responsibility to pay benefits to eligible claimants.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title(s): Miner's Claim for Benefits Under the Black Lung Benefits 
Act (CM-911), Employment History (CM-911a), Miner Medical Reimbursement 
Form (CM-915).
    OMB Number: 1215-0052.
    Agency Numbers: CM-911, CM-911a, CM-915.
    Affected Public: Individuals or households; Business or other for-
profit.
    Frequency: On occasion.

------------------------------------------------------------------------
                                                       Average
                  Form                      No. of    Min. per   Burden
                                         respondents  response    hours
------------------------------------------------------------------------
CM-911.................................       4,800         45     3,600
CM-911a................................       5,900         40     3,933
CM-915.................................       9,500         10     1,583
------------------------------------------------------------------------

    Total Respondents: 20,200.
    Estimated Total Burden Hours: 9,116.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $3.841.30

Overpayment Recovery Questionnaire, OWCP-20

I. Background

    Both the Federal Coal Mine Health and Safety Act and the Federal 
Employees' Compensation Act provide for the recovery, waiver, 
compromise, or termination of overpayment of benefits to beneficiaries. 
The OWCP-20 collects information used to ascertain the financial 
condition of the beneficiary who has been overpaid to determine if the 
overpayment or any part can be recovered, to identify possible 
concealment or improper transfer of assets, and to identify and 
consider present and potential income and current assets for enforced 
collection proceedings. The form also provides a means for the 
beneficiary to explain why he/she is not at fault for the overpayment.

II. Current Actions

    The Department of Labor seeks the extension of this currently 
approved information collection in order to carry out its 
responsibility under law to resolve overpayments made under the Acts.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title(s): Overpayment Recovery Questionnaire.
    OMB Number: 1215-0144.
    Agency Number(s): OWCP-20.
    Affected Public: Individuals or households.
    Total Respondents: 4,500.
    Frequency: On occasion.
    Average Time per Response: 1 hour.
    Estimated Total Burden Hours: 4,500.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $1,575.

Housing Occupancy Certificate Under the Migrant and Seasonal 
Agricultural Worker Protection Act, WH-520

I. Background

    The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) 
provides that owner or controller of a facility used for housing 
migrant agricultural workers must obtain and post on site, a 
certificate of occupancy. The WH-520 is a form used to gather 
information to determine whether or not the facility meets the 
applicable safety and health standards, and also serves as the 
certificate of occupancy.

II. Current Actions

    The Department of Labor seeks the extension of this information 
collection in order to inspect and certify a migrant housing facility 
as meeting applicable safety and health standards under the law.
    Type of Review: Extension.

[[Page 64739]]

    Agency: Employment Standards Administration.
    Title(s): Housing Occupancy Certificate Under the Migrant and 
Seasonal Agricultural Worker Protection Act.
    OMB Number: 1215-0158.
    Agency Number(s): WH-520.
    Affected Public: Farms; Individuals or households, Businesses or 
other for-profit.
    Total Respondents: 60.
    Frequency: On occasion.
    Average Time per Response (Reporting): 3 minutes.
    Average Time per Response (Recordkeeping): 1 minute.
    Estimated Total Burden Hours: 4.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $0.

Application for Special Industrial Homeworker's Certificate (WH-2), 
Application for Authority to Employ Workers with Disabilities at 
Special Minimum Wages (WH-226-MIS), Supplemental Data Sheet for 
Application for Authority to Employ Workers with Disabilities at 
Special Minimum Wages (WH-226a-MIS)

I. Background

    The Fair Labor Standards Act (FLSA) authorizes the Secretary of 
Labor to regulate, restrict, or prohibit industrial homework as 
necessary to prevent evasion of the minimum wage requirement of the 
Act. The FLSA also provides that the Secretary of Labor, to the extent 
necessary in order to prevent curtailment of opportunities for 
employment, shall provide for the employment of learners at subminimum 
wage rates. The FLSA also provides for the employment of workers with 
disabilities at subminimum wages in order to prevent curtailment of 
employment opportunities for such individuals. The WH-2 is used by 
employers to obtain certificates to employ individual homeworkers in 
one of the restricted homework industries: knitted outerwear, women's 
apparel, jewelry manufacturing, gloves and mittens, button and buckle 
manufacturing, handkerchief manufacturing, and embroideries. The WH-226 
and WH-226a-MIS are used by employers to obtain authorization to employ 
workers with disabilities in competitive employment, in sheltered 
workshops, and in hospitals and institutions, at subminimum wages.

II. Current Actions

    The Department of Labor seeks an extension of this information 
collection in order to carry out its responsibility to make a 
determination whether to grant or to deny an employer's request for 
subminimum wage and/or homeworker employment authorization.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title(s): Application for Special Industrial Homeworker's 
Certificate (WH-2), Application for Authority to Employ Workers with 
Disabilites at Special Minimum Wages (WH-226-MIS), Supplemental Data 
Sheet for Application for Authority to Employ Workers with Disabilities 
at Special Minimum Wages (WH-226a-MIS).
    OMB Number: 1215-0005.
    Agency Numbers: WH-2, WH-226-MIS, WH-226a-MIS.
    Affected Public: Businesses or other for-profit; Individuals or 
households; Not-for-profit institutions; Farms; State, local or Tribal 
government.
    Frequency: On occasion.

------------------------------------------------------------------------
                                                       Average
                  Form                      No. of    min. per   Burden
                                         respondents  response    hours
------------------------------------------------------------------------
WH-2...................................         100         30        50
WH-226-MIS.............................       8,500         45     6,375
WH-226a-MIS............................       8,500         45    15,000
------------------------------------------------------------------------

    Total Respondents: 8,600.
    Estimated Total Burden Hours: 21,425.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $3,010.

Worker Information-Terms and Conditions of Employment (WH-516, 
English and Spanish Versions)

I. Background

    Various sections of the Migrant and Seasonal Agricultural Worker 
ProtectionAct (MSPA), requires each farm labor contractor, agricultural 
employer, and agricultural association to disclose in writing the terms 
and conditions of employment, to migrant and seasonal agricultural 
workers. Public Law 104-49 provides for the disclosure of certain 
information regarding State workers' compensation insurance to the 
employee. The information must be disclosed to workers in writing, but 
there is no particular format required. The WH-516 is provided as an 
optional form which a farm labor contractor, agricultural employer, or 
agricultural association may use to disclose the required information.

II. Current Actions

    The Department of Labor seeks the extension of this information 
collection to carry out its statutory responsibility to ensure that 
farm labor contractors, agricultural employers and agricultural 
associations have disclosed to their migrant and seasonal agricultural 
workers the terms and conditions of employment as required by MSPA and 
its regulations.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title(s): Worker Information-Terms and Conditions of Employment.
    OMB Number: 1215-0187.
    Agency Number(s): WH-516.
    Affected Public: Farms; Individuals or households, Businesses or 
other for-profit.
    Total Respondents: 160,000.
    Frequency: Third Party Disclosure.
    Average Time per Response: 32 minutes.
    Estimated Total Burden Hours: 85,333.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating and maintenance): $23,625.
    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: November 17, 1998.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 98-31192 Filed 11-20-98; 8:45 am]
BILLING CODE 4510-27-P