[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Notices]
[Page 32064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11881]


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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, Wage and Hour 
Division (WHD) is soliciting comments concerning the following proposed 
collection: Application of the Employee Polygraph Protection Act. A 
copy of the proposed information collection request 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 July 12, 2002.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339, fax (202) 693-1451, EMail esa.gov">[email protected]esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
EMail).

SUPPLEMENTARY INFORMATION:

I. Background

    The Wage and Hour Division (WHD) administers the Employee Polygraph 
Protection Act of 1988 (EPPA). The EPPA was signed into law June 27, 
1988 and became effective December 27, 1988. EPPA prohibits most 
private employers from using any lie detector tests either for pre-
employment screening or during the course of employment. Federal, 
State, and local government employers are exempted from the Act. The 
law contains several limited exemptions which authorize polygraph tests 
under certain conditions, including: (1) The testing of employees who 
are reasonably suspected of involvement in a workplace incident that 
results in economic loss or injury to the employer's business; (2) the 
testing by the Federal Government of experts, consultants, or employees 
of Federal contractors engaged in national security intelligence or 
counterintelligence functions; (3) the testing of some prospective 
employees of private armored car, security alarm, and security guard 
firms; and (4) the testing of some current and prospective employees in 
firms authorized to manufacture, distribute, or dispense controlled 
substances. Employers who violate any of the Act's provisions may be 
assessed civil money penalties up to $10,000. The information 
collection is currently approved by the Office of Management and Budget 
(OMB) for use through October 2002.

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 an extension of approval of this 
information collection that requires the keeping of records necessary 
or appropriate for the administration of the Act in order to carry out 
its responsibility to determine if a beneficiary is capable and/or 
competent to manage his/her black lung benefits, and to assure that the 
representative payee is using the benefits to meet the beneficiary's 
needs. There is no change to these forms since the last OMB approval.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Application of the Employee Polygraph Protection Act.
    OMB Number: 1215-0170.
    Agency Numbers: Not Applicable.
    Affected Public: Businesses or other for-profit; individuals or 
households; Not-for-profit institutions; Farms.
    Total Respondents/Responses: 328,000.
    Total Hours: 82,406.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $0.
    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: May 6, 2002.
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. 02-11881 Filed 5-10-02; 8:45 am]
BILLING CODE 4510-27-P