[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Notices]
[Pages 13333-13334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6558]


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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: Application for 
Certificate to Employ Homeworkers, WH-46, Piece Rate Measurements, and 
Homeworker Handbook (WH-75). 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 May 19, 2003.

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 esa.gov">[email protected]esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
e-mail).

SUPPLEMENTARY INFORMATION
    I. Background: Section 11(d) of 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 
requirements of the Act. Restrictions exist on seven homework 
industries, (knitted outerwear, women's apparel, jewelry manufacturing, 
gloves and mittens, button and buckle manufacturing, handkerchief 
manufacturing, and embroideries). Homework in these industries is 
permitted only in certain hardship cases. Homework is permitted under 
FLSA in all other industries, provided the employer maintains 
homeworker handbooks for such employees who record hours of work and 
certain other required payroll information. Further, employers of 
homeworkers in certain restricted industries must first obtain a 
certification from the Department of Labor authorizing the employment 
of such workers. Employers in the restricted industries under the 
certification program who pay workers based on piece rates must 
maintain documentation of the work measurements used to establish such 
piece rates and the circumstances under which measurements were 
conducted. This information collection is currently approved for use 
through September 30, 2003.
    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 approval for 
the extension of this information collection in order to assure 
compliance with the FSLA in homework employment.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Application to Employ Homeworkers.
    OMB Number: 1215-0013.
    Agency Number: WH-46 and WH-75.
    Affected Public: Business of other for-profit; Individuals or 
households; Not-for-profit institutions.
    Total Respondents (Recordkeeping and Reporting): 4,650.
    Total Responses (Recordkeeping and Reporting): 18,575.
    Time per Response: 30 minutes.
    Frequency: On Occasion.
    Estimated Total Burden Hours (Recordkeeping and Reporting): 9,517.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

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                                                                                   Avg. time per
              Title                  Form No.        Number of       Number of       responses     Burden hr(s)
                                                    respondents      responses         (min)
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Application To Employ                      WH-46              50              25              30            12.5
 Homeworkers....................
Homeworker Handbooks............           WH-75           4,600          18,400              30           9,200
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[[Page 13334]]


                                              Recordkeeping Burden
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                                                     Number of       Number of     Avg. time per
                      Title                        recordkeepers      records     response (min)   Burden hours
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Piece Rate Measurement..........................              50             150         60\1/2\          151.25
Homeworker Handbooks............................           1,150          18,400           \1/2\             153
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    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: March 13, 2003.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 03-6558 Filed 3-18-03; 8:45 am]
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