[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Notices]
[Pages 39850-39851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14041]


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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 September 18, 2007.

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

[[Page 39851]]

[email protected]v. 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), 29 U.S.C. 211(d), 
authorizes the Secretary of Labor to regulate, restrict or prohibit 
industrial homework as necessary to prevent circumvention or evasion of 
the minimum wage requirement of the Act. The Department of Labor (DOL) 
restricts homework in seven industries (i.e., knitted outerwear, 
women's apparel, jewelry manufacturing, gloves and mittens, button and 
buckle manufacturing, handkerchief manufacturing and embroideries) to 
those employers who obtain certificates.
    To prevent curtailment of employment opportunities for workers with 
disabilities, FLSA section 14(c), 29 U.S.C. 214(c), authorizes 
employers who obtain a certificate from DOL to pay special minimum 
wages (i.e., wages less than the Federal minimum wage) to workers whose 
productivity is impaired by their disability. The FLSA defines a 
``worker with a disability'' as an individual whose earning or 
productive capacity is impaired by age or physical or mental 
disability.
    Employers use Form WH-2 to obtain certificates to employ individual 
homeworkers in one of the restricted homework industries. Upon 
application by the homeworker and the employer, DOL may issue a 
certificate to the employer authorizing employment of an individual 
homeworker, provided (1) it is shown that the worker is unable to 
adjust to factory work because of age or physical or mental disability 
or is unable to leave home because the worker's presence is required to 
care for an invalid in the home, and (2) the worker has been engaged in 
industrial homework in the particular industry prior to certain 
specified dates as set forth in the regulations (may be waived if 
causes unusual hardship) or is 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 obtaining authorization to employ workers with disabilities in 
competitive employment in work centers and in hospitals or institutions 
at subminimum wages that are commensurate with those paid to workers 
with no disabilities. Commensurate wages are based on the prevailing 
wages paid to experienced workers with disabilities performing 
essentially the same type, quality, and quantity of work in the same 
locality where the employee(s) with disability is employed. This form 
may be used by school officials to request authorization for groups of 
students with disabilities to participate in school work experience 
programs, by State vocational rehabilitation counselors, and by 
Veterans Affairs' officials to grant or extend temporary authorization 
to employ on-the-job trainees with disabilities.
    This information collection is currently approved for use through 
December 31, 2007.

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

    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.
    Total Respondents: 3,050.
    Total Responses: 12,050.

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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..........................................           3,000           3,000              45           2,250
WH-226A.........................................           3,000           9,000              45           6,750
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    Frequency: Annually.
    Estimated Total Burden Hours: 9,025.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,342.
     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: July 16, 2007.
Hazel Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. E7-14041 Filed 7-19-07; 8:45 am]
BILLING CODE 4510-27-P