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###### Department of Labor

###### Wage and Hour Division

# AGENCY:

Wage and Hour Division, Department of Labor.

# ACTION:

Notice.

# 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. 3056(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 Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Housing Occupancy Certificate—Migrant and Seasonal Agricultural Worker Protection Act. A copy of the proposed information request can be obtained by contacting the office listed below in the                         **FOR FURTHER INFORMATION CONTACT**                         section of this Notice.                    

# DATES:

                        Written comments must be submitted to the office listed in the                         **ADDRESSES**                         section below on or before May 20, 2011.                    

# ADDRESSES:

                        You may submit comments identified by Control Number 1235-0006, by either one of the following methods:                         *E-mail: WHDPRAComments@dol.gov;  Mail, Hand Delivery, Courier:*                         Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210.                         *Instructions:*                         Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via e-mail or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request.                    

# FOR FURTHER INFORMATION CONTACT:

Mary Ziegler, Director, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-free number). Copies of this notice must be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693-0023 (not a toll-free number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain information or request materials in alternative formats.

# SUPPLEMENTARY INFORMATION:

 

                    I.                     *Background:*                     The Wage and Hour Division (WHD) of the Department of Labor (DOL) administers the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 U.S.C. 1801*et seq.*                     The MSPA protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures, and recordkeeping. The MSPA also requires farm labor contractors and farm labor contractor employees to register with the U.S. Department of Labor and to obtain special authorization before housing, transporting, or driving covered workers. The MSPA requires that any person owning or controlling any facility or real property to be used for housing migrant agricultural workers shall not permit such housing to be occupied by any worker unless copy of a certificate of occupancy from the state, local or federal agency that conducted the housing safety and health inspection is posted at the site of the facility or real property. The certificate attests that the facility or real property meets applicable safety and health standards. Form WH-520 is an information gathering form and the certificate of occupancy that the Wage and Hour Division issues when it is the Federal agency conducting the safety and health inspection.                

                    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;
    - 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 DOL seeks an approval for the extension of this information collection that requires any person owning or controlling any facility or real property to be occupied by migrant agricultural workers to obtain a certificate of occupancy.                

*Type of Review:*                     Extension.                

*Agency:*                     Wage and Hour Division.                

*Title:*                     Housing Occupancy Certificate—Migrant and Seasonal Agricultural Worker Protection Act.                

*OMB Number:*                     1235-0006.                

*Affected Public:*                     Business or other for-profit, Not-for-profit institutions, Farms.                

*Total Respondents:*                     300.                

*Total Annual Responses:*                     300.                

*Estimated Total Burden Hours:*                     20.                

*Estimated Time per Response:*                     3-4 minutes.                

*Frequency:*                     Annual.                

*Total Burden Cost (capital/startup):*                     $0.                          ( print page 15349)    

*Total Burden Costs (operation/maintenance):*                     $219.                

Dated: March 15, 2011.

Mary Ziegler,

Director, Division of Regulations, Legislation, and Interpretation.

[FR Doc. 2011-6511 Filed 3-18-11; 8:45 am]

BILLING CODE 4510-27-P