[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Notices]
[Pages 28522-28524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9694]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

May 15, 2007.
    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 
from RegInfo.gov at http://www.reginfo.gov/public/do/PRAMain or by 
contacting Darrin King on 202-693-4129 (this is not a toll-free 
number)/e-mail: <a href="/cdn-cgi/l/email-protection#a8c3c1c6cf86ccc9dadac1c6e8ccc7c486cfc7de"><span class="__cf_email__" data-cfemail="781311161f561c190a0a1116381c1714561f170e">[email protected]</span></a>.
    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, Telephone: 202-395-7316/Fax: 202-395-6974 (these 
are not a toll-free numbers), within 30 days from the date of this 
publication in the Federal Register.
    The OMB is particularly interested in comments which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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 without change of currently approved 
collection.
    Title: Records to be kept by Employers--FLSA.
    OMB Number: 1215-0017.
    Form Number: N/A.
    Frequency: On occasion.
    Type of Response: Recordkeeping.
    Affected Public: Private sector: Business or other for-profits, 
Farms, Not-for-profit institutions; Individuals or households; and 
State, Local, or Tribal government.
    Estimated Number of Respondents: 5,800,000.
    Estimated Number of Annual Responses: 41,442,427.
    Estimated Average Response Time: Varies.
    Estimated Total Annual Burden Hours: 1,023,678.
    Total Estimated Annualized capital/startup costs: $0.
    Total Estimated Annual Costs (operating/maintaining systems or 
purchasing services): $0.
    Description: The Department uses this information to determine 
whether covered employers have complied with various the Fair Labor 
Standards Act (FLSA), 29 U.S.C. Sec.  201, et seq. Employers use the 
records to document FLSA compliance, including showing qualification 
for various FLSA exemptions.

    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Motor Vehicle Safety for Transportation of Migrant and 
Seasonal Agricultural Workers
    OMB Number: 1215-0036.
    Form Numbers: WH-514, WH-514A, and WH-515.
    Frequency: On occasion.
    Type of Response: Reporting and Recordkeeping.
    Affected Public: Business and other for-profit and Federal 
Government.
    Estimated Number of Respondents: 300.
    Estimated Number of Annual Responses: 3,900.
    Estimated Average Response Time: 5 minutes for the Forms WH-514, 
WH-514A, and WH-515 and approximately 20 minutes for physical 
examination by a physician.
    Estimated Total Annual Burden Hours: 885.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $215,100.
    Description: Migrant and Seasonal Agricultural Worker Protection 
Act (MSPA) section 401 (29 U.S.C. 1841) requires, subject to certain 
exceptions, all Farm Labor Contractors (FLCs), Agricultural Employers 
(AGERs), and Agricultural Associations (AGASs) to ensure that any 
vehicle they use or cause to be used to transport or drive any migrant 
or seasonal agricultural worker conforms to safety and health standards 
prescribed by the Secretary of Labor under the MSPA and with other 
applicable Federal and State safety and health standards. These MSPA 
safety standards address the vehicle, driver, and insurance.
    Consistent with MSPA subsections 401(b)(2)(C)-(D), the U.S. 
Department of Labor (DOL), Wage and Hour Division (WHD), has issued 
regulations setting

[[Page 28523]]

forth the vehicle safety standards that must be met to ensure the safe 
transportation of migrant/seasonal agricultural workers. See 29 U.S.C. 
1841(b)(2)(C)-(D); 29 CFR 500.100-102, 104-105. These regulations (1) 
issue unique DOL standards for certain types of transportation and (2) 
adopt U.S. Department of Transportation (DOT) standards for other types 
of transportation, without regard to the mileage or boundary 
limitations found at 49 U.S.C. Sec.  31502(c). The regulations require 
FLCs to submit a mechanical inspection report and a doctor's 
certificate when they seek authorization to transport migrant/seasonal 
agricultural workers. 29 CFR 500.45(b). The regulations also require 
FLCs, AGERs, AGASs, and Farm Labor Contractor Employees (FLCEs) who 
drive vehicles transporting migrant/seasonal agricultural workers to 
maintain a copy of the doctor's certificate. 29 CFR 500.105(1)(H)-(I).
    The WHD has created Forms WH-514, WH-514a, and WH-515, which allow 
FLC applicants to verify to the WHD that the vehicles used to transport 
migrant/seasonal agricultural workers meet the MSPA vehicle safety 
standards and that anyone who drives such workers meets the Act's 
minimum physical requirements. The WHD uses the information in deciding 
whether to authorize the FLC/FLCE applicant to transport/drive any 
migrant/seasonal agricultural workers or to cause such transportation.

    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Medical Travel Refund Request.
    OMB Number: 1215-0054.
    Form Numbers: OWCP-957.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Individuals and households.
    Estimated Number of Respondents: 163,236.
    Estimated Number of Annual Responses: 163,236.
    Estimated Average Response Time: 10 minutes.
    Estimated Total Annual Burden Hours: 27,097.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $68,559.
    Description: The Office of Workers' Compensation Programs (OWCP) is 
the agency responsible for administration of the Federal Employees' 
Compensation Act (FECA), 5 U.S.C. 8101 et seq., the Black Lung Benefits 
Act (BLBA), 30 U.S.C. 901 et seq., and the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 
U.S.C. 7384 et seq. All three of these statutes require that OWCP 
reimburse beneficiaries for travel expenses for covered medical 
treatment. In order to determine whether amounts requested as travel 
expenses are appropriate, OWCP must receive certain data elements, 
including the signature of the physician for medical expenses claimed 
under the BLBA. Form OWCP-957 is the standard format for the collection 
of these data elements. The regulations implementing these three 
statutes allow for the collection of information needed to enable OWCP 
to determine if reimbursement requests for travel expenses should be 
paid. (20 CFR 10.315, 30.404, 725.406 and 725.701).
    Form OWCP-957 is used by OWCP and contractor bill processing staff 
to process reimbursement requests for travel expenses. To enable OWCP 
and its contractor bill processing staff to consider the 
appropriateness of the request in a timely fashion, it is essential 
that request include all of the data elements needed to evaluate the 
request. If all the data elements required by OWCP are not collected, 
the contractor staff cannot process the request for reimbursement.

    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Claim for Reimbursement of Benefit Payments and Claims 
Expense Under the War Hazards Compensation Act.
    OMB Number: 1215-0202.
    Form Numbers: CA-278.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Private Sector: Business or other for-profit.
    Estimated Number of Respondents: 7.
    Estimated Number of Annual Responses: 140.
    Estimated Average Response Time: 30 minutes.
    Estimated Total Annual Burden Hours: 70.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $239.
    Description: The Office of Workers' Compensation Programs (OWCP) is 
the federal agency responsible for administration of the War Hazards 
Compensation Act (WHCA), 42 U.S.C. 1701 et seq. Under section 1704(a) 
of the WHCA, an insurance carrier or self-insured who has paid workers' 
compensation benefits to or on account of any person for a war-risk 
hazard may seek reimbursement for benefits paid (plus expenses) out of 
the Employees Compensation Fund for the Federal Employees' Compensation 
Act (FECA) at 5 U.S.C. 8147.
    Form CA 278 is used by insurance carriers and the self-insured to 
request reimbursement. The regulations that implement the WHCA permit 
OWCP to collect the information needed to consider an insurance 
carrier's or self-insured's reimbursement request at 20 CFR 61.101 and 
61.104.
    The information collected is used by OWCP staff to process requests 
for reimbursement of WHCA benefit payments and claims expenses 
submitted by insurance carriers and self-insureds. The information is 
also used by OWCP to decide whether it should opt to pay ongoing WHCA 
benefits directly to the injured worker.

    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Securing Financial Obligations Under the Longshore and 
Harbor Workers' Compensation Act and its Extensions.
    OMB Number: 1215-0204.
    Form Numbers: LS-275-IC, LS-275-SI, and LS-276.
    Frequency: On occasion and Annually.
    Type of Response: Reporting.
    Affected Public: Private Sector: Business or other for-profit and 
Not-for-profit institutions.
    Estimated Number of Respondents: 646.
    Estimated Number of Annual Responses: 646.
    Estimated Average Response Time: 1 hour for the Form LS-276 and 15 
minutes for the Forms LS-275IC and LS-275SI.
    Estimated Total Annual Burden Hours: 434.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $288.
    Description: The Longshore and Harbor Workers' Compensation Act 
requires covered employers to secure the payment of compensation under 
the Act and its extensions by purchasing insurance from a carrier 
authorized by the Secretary of Labor to write Longshore Act insurance, 
or by becoming authorized self-insured employers (33 U.S.C. 932). Each 
authorized insurance carrier (or carrier

[[Page 28524]]

seeking authorization) is required to establish annually that its 
Longshore Act obligations are fully secured either through an 
applicable state guaranty (or analogous) fund, a deposit of security 
with the Division of Longshore and Harbor Workers' Compensation 
(DLHWC), or a combination of both. Similarly, each authorized self-
insurer (or employer seeking authorization) is required to fully secure 
its Longshore Act obligations by depositing security with DLHWC. These 
requirements are designed to assure the prompt and continued payment of 
compensation and other benefits by the responsible carrier or self-
insurer to injured workers and their survivors.
    Forms collect information used for determining appropriate security 
deposit amounts and insuring compliance with the security deposit 
requirements are described below.
    LS-276, Application for Security Deposit Determination. Each 
currently authorized carrier and any carrier seeking such authorization 
must apply annually for a determination of the amount of security it 
must deposit with DLHWC by completing Form LS-276. DLHWC will use the 
information collected on Form LS-276 to determine the required security 
deposit amount for each carrier in light of the applicable state 
guaranty fund coverage. Regulations establishing this requirement are 
set forth at 20 CFR 703.2, 703.203, 703.209, 703.210, and 703.212.
    LS-275 IC, Agreement and Undertaking (Insurance Carrier); LS-275 
SI, Agreement and Undertaking (Self-Insured Employer). After DLHWC 
determines the amount of the required security deposit, the insurance 
carrier or self-insured employer executes Form LS-275 IC or LS-275 SI, 
respectively, to: (1) Report the security it has deposited and grant 
the Department a security interest in the collateral; (2) agree to 
abide by the Department's rules; and (3) authorize the Department to 
bring suit on any deposited indemnity bond, draw upon any deposited 
letters of credit, or to collect the interest and principal or sell any 
deposited negotiable securities when it deems it necessary to assure 
the carrier's or self-insurer's prompt payment of compensation and any 
other Longshore Act obligations it has. DLHWC reviews the information 
collected and verifies that the carrier or self-insurer has deposited 
the correct amount of security. DLHWC uses this information if it takes 
action on the security deposited to assure that the carrier or self-
insurer meets its Longshore Act obligations. Regulations establishing 
these requirements are set forth at 20 CFR 703.2, 703.204, 703.205, 
703.303 and 703.304.

Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E7-9694 Filed 5-18-07; 8:45 am]
BILLING CODE 4510-CF-P


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