[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Pages 34268-34269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16149]
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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 revision Applications to Employ
Special Industrial Homeworkers and Workers with Disabilities (WH-2,
226, and 226A).
DATES: Written comments must be submitted to the office listed in the
addressee section no later than August 27, 2001.
ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200
Constitution Ave., NW, Room S-3201, Washington, DC 20210, telephone
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.
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 wage
requirements of the Act. The Department of Labor has restricted
homework in seven industries to those employees who obtain
certificates. Individual certificates may be issued to any industry for
an individual homeworker who is unable to leave home because of a
disability or must remain home to care for an invalid. Section 14c of
the FLSA provides for the employment of workers with disabilities at
subminimum wages in order to prevent curtailment of employment
opportunities for such individuals. Employers utilizing the provisions
of section 14c must obtain certificates issued by the Department of
Labor. The WH-2 is used by employers to obtain certificates to employ
individual homeworkers in one of the restricted homework industries.
The WH-226 and supplemental data Form 226A are used by employers to
obtain authorization to employ workers with disabilities in certain
establishments at subminimum wages.
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, as a result of recommendations made by the
agency FLSA Section 14(c) Working Group and the U.S. Government
Accounting Office (GAO), has revised Forms WH-226 and WH-226A. Form WH-
2 remains unchanged. The WH-226 and WH-226A have been streamlined and
simplified to facilitate the application process. Definitions have been
provided and the instructions for completing each form have been
expanded and clarified. Applicants are requested to provide two new
pieces of information, but these requests do not increase the burden on
the public. We are requesting that the applicant provide its Federal
Identification Number (EIN) and the number of its previous certificate.
Both pieces of information are readily available to the applicant and
both pieces will be preprinted on the renewal package sent to each
employer. These changes, considered along with the streamlining of the
form, added definitions and clarified instructions, do not require any
adjustment in current burden estimated for completion of these forms.
Type of Review: Revision.
Agency: Employment Standards Administration.
Title: Application for Special Industrial Homeworker's Certificate
(WH-2); Application for Authority to Employ Workers with Disabilities
at Special Minimum Wages (WH-226); Supplemental Data Sheet for
Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages (WH-226A).
OMB Number: 1215-0005.
Agency Numbers: WH-2, WH-226, WH-226A. Affected Public: Individuals
or households; Business or other for-profit; Farms; Not-for-profit
institutions; State, Local, or Tribal Government.
Frequency: Annually.
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Time per
Form Number of Number of response (in Burden hours
respondents responses min.)
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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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Total Respondents: 4,550.
Total Responses: 16,550.
Total Hours: 12,400.
Total Burden Cost (capital/startup): $0.
Total Burden Cost: (operating/maintenance): $1,683.
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.
[[Page 34269]]
Dated: June 18, 2001.
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. 01-16149 Filed 6-26-01; 8:45 am]
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