[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Notices]
[Pages 26111-26112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6664]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

April 23, 2006.
    The Department of Labor (DOL) has submitted the following public 
information collection requests (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
each ICR, with applicable supporting documentation, may be obtained by 
contacting Darrin King on 202-693-4129 (this is not a toll-free number) 
or e-mail: [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Employment Standards 
Administration (ESA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, 202-395-7316 (this is not a toll-free number), 
within 30 days from the date of this publication in the Federal 
Register.
    The OMB 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 submission of responses.
    Agency: Employment Standards Administration.
    Type of Review: Extension of a currently approved collection.
    Title: Economic Survey Schedule.
    OMB Number: 1215-0028.
    Form Number: WH-1.
    Frequency: Biennially.
    Type of Response: Reporting.
    Affected Public: Business or other for-profit and State, Local, or 
Tribal Government.
    Number of Respondents: 67.
    Annual Reponses: 67.
    Average Response Time: 45 minutes.
    Total Annual Burden Hours: 50.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et 
seq., Sec. Sec.  5, 6(a)(3) and 8 provide that covered, non-exempt 
employees in American Samoa may be paid at minimum wage rates 
established by a Special Industry Committee, in lieu of the general 
federal minimum wage specified in section 6(a)(1) of the Act. The FLSA 
requires the Committee to recommend to the Secretary of Labor the 
highest minimum wage rate--not to exceed the rate required under FLSA 
section 6(a)(1)--that it determines, having due regard to economic and 
competitive conditions, will not substantially curtail employment in 
the industry and will not give any industry in American Samoa a 
competitive advantage over any industry in the U.S. outside of American 
Samoa. The Committee must consider competitive conditions as affected 
by transportation, living and production costs; the wages established 
by collective bargaining agreements in various industries; and wages 
paid by employers who voluntarily maintain minimum wage standards.
    FLSA section 5(d) requires the Secretary of Labor to provide data 
on the matters the Committee will consider. Regulations 29 CFR 511.6 
and 511.11 require that the Administrator of the Wage and Hour Division 
(WHD) of the U.S. Department of Labor (DOL) prepare for the Committee 
an economic report containing data pertinent to establishing industry 
minimum wage rates in American Samoa.
    The WHD uses Form WH-1, Economic Survey Schedule, to gather the 
information necessary to prepare the economic report. The WHD asks all 
FLSA-covered employers in American Samoa to provide data. Respondents 
covered by the FLSA in American Samoa may voluntarily provide data 
concerning business operations and employment on the form. This 
information is essential to enable the Administrator to prepare the 
economic report and provide the data cited above for the Committee to 
use in determining minimum wage rates for the various industries in 
American Samoa.

    Agency: Employment Standards Administration.
    Type of Review: Extension of a currently approved collection.
    Title: Statement of Recovery Forms.
    OMB Number: 1215-0200.
    Form Number: CA/EN-1108, SOL/EN-1108, and CA/EN-1122.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Business or other for-profit and individuals or 
households.
    Number of Respondents: 3,200.

[[Page 26112]]



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                                                                      Average        Estimated       Estimated
                            Form No.                               response time      annual       annual burden
                                                                      (hours)        responses         hours
----------------------------------------------------------------------------------------------------------------
CA/EN-1108......................................................            0.50           2,720           1,360
SOL/EN-1108.....................................................            0.50             160              80
CA/EN-1122......................................................            0.25             320              80
                                                                 -----------------------------------------------
    Total.......................................................  ..............           3,200           1,520
----------------------------------------------------------------------------------------------------------------

    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $1,344.
    Description: Under section 8131 a Federal employee can sustain a 
work-related injury, for which he or she is eligible for compensation 
under the Federal Employees' Compensation Act (FECA), under 
circumstance that create a legal liability in some third party to pay 
damages for the same injury. When this occurs, section 8131 of the FECA 
(5 U.S.C. 8131) authorizes the Secretary of Labor to either require the 
employee to assign his or her right of action to the United States or 
to prosecute the action. When the employee receives a payment for his 
or her damages, whether from a final court judgment on or a settlement 
of the action, section 8132 of the FECA (5 U.S.C. 8132) provides that 
the employee ``shall refund to the United States the amount of 
compensation paid by the United States * * *'' To enforce the United 
States' statutory right to this refund, the Office of Workers' 
Compensation Programs has promulgated regulations that require both the 
reporting of these types of payments (20 CFR 10.710) and the submission 
of the type of detailed information necessary to calculate the amount 
of the required refund (20 CFR 10.707(e)). The information collected by 
Form CA/EN-1122 is requested from the claimant if he or she received a 
payment for damages without hiring an attorney. Form CA/EN-1108 
requests this information from the attorney if one was hired to bring 
suit against the third party. Form SOL/EN-1108 request the same 
information as the CA/EN-1108 if the claimant's attorney contacts the 
Office of the Solicitor (SOL) directly. These forms are used to obtain 
information about amounts received as the result of a final judgment in 
litigation, or a settlement of the litigation, brought against a third 
party who is liable for damage due to a compensable work-related 
injury.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. E6-6664 Filed 5-2-06; 8:45 am]
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