[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Notices]
[Pages 29331-29332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11495]


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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 (DOL), 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: Applications to Employ 
Special Industrial Homeworkers and Workers with Disabilities (Forms WH-
2, WH-226 and WH-226A). 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 July 20, 2004.

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 [email protected]. Please 
use only one method of transmission for comments (mail, fax or E-mail).

SUPPLEMENTARY INFORMATION

I. Background

    Fair Labor Standards Act (FLSA) section 11(d) 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. DOL restricts homework in seven industries 
(knitted outerwear, women's apparel, jewelry manufacturing, gloves and 
mittens, button and buckle manufacturing, handkerchief manufacturing 
and embroideries) to those employers who obtain certificates.
    In order to prevent curtailment of employment opportunities for 
persons with disabilities, FLSA section 14(c) allows employers to apply 
for a certificate from DOL authorizing payment of less than the Federal 
minimum wage to workers with impaired productivity because of 
disabilities.
    Employers in a restricted industry use Form WH-2, when requesting 
permission to employ an individual industrial homeworker who is unable 
to work in a factory setting because he or she (a) is unable to adjust 
to such work because of age, or physical or mental disability; (b) is 
unable to leave home because his or her presence is required to care 
for an invalid in the home or (c) will be engaged in industrial 
homework under the supervision of a State Vocational Rehabilitation 
Agency.
    Employers use Form WH-226 and the supplemental data Form WH-226A 
when requesting authorization to employ workers with disabilities in 
competitive employment, in work centers and in hospitals or 
institutions at subminimum wages that are commensurate with wages paid 
to workers with no disabilities. School officials also use this form to 
request authorization for groups of students with disabilities to 
participate in school work experience programs. State vocational 
rehabilitation counselors and Veterans Administration officials use the 
form to grant or extend temporary authorization to employ on-the-job 
trainees with disabilities.
    This information collection is currently approved for use through 
November 30, 2004.

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

[[Page 29332]]

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

    DOL seeks approval for the extension of this information collection 
in order to ensure effective administration of agency programs 
regarding the employment of homeworkers in restricted industries and 
payment of subminimum wages to workers with disabilities.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Applications to Employ Special Industrial Homeworkers and 
Workers with Disabilities.
    OMB Number: 1215-0005.
    Agency Number: WH-2, WH-226, WH-226A.
    Affected Public: Business or other for-profit, Individuals or 
household, Not-for-profit institutions, Farms, State, Local or Tribal 
Government.
    Total Respondents: 4,550.
    Total Responses: 16,550.

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                                                                                    Time per
                    Form                         Number of        Number of      response  (in     Burden hours
                                                respondents       responses         minutes)
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WH-2........................................               50               50               30               25
WH-226......................................            4,500            4,500               45            3,375
WH-226A.....................................            4,500           12,000               45            9,000
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    Frequency: Annually and Biennially.
    Estimated Total Burden Hours: 12,400.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,820.
    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 17, 2004.
Sue R. Blumenthal,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. 04-11495 Filed 5-20-04; 8:45 am]
BILLING CODE 4510-27-P