[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25094-25097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12015]


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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 eight information collections: (1) Regulations, 29 
CFR Part 547, Requirements of a Bona Fide Thrift or Savings Plan; (2) 
Regulations, 29 CFR Part 549, Requirements of a Bona Fide Profit-
Sharing Plan or Trust; (3) Regulations, 29 CFR Part 4, Labor Standards 
For Federal Service Contracts; (4) OFCCP Complaint Form (CC-4); (5) 
Employers First Report of Injury or Occupational Illness (LS-202), 
Employer's Supplementary Report of Accident or Occupational Illness 
(LS-210), and Physician's Report on Impairment of Vision (LS-205); (6) 
Medical Refund Travel Request (CM-957); (7) Request for State or 
Federal Worker's Compensation Information (CM-905); and (8) Application 
for Approval of a Representative's Fee in a Black Lung Claim Proceeding 
Conducted by the U.S. Department of Labor (CM-972). Copies of the 
proposed information collection requests can be obtained by contacting 
the office listed below in the addressee section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before July 8, 1998. The Department of 
Labor 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 submissions of responses.

ADDRESSEES: Contact Ms. Patricia Forkel at the U.S. Department of 
Labor, 200 Constitution Avenue, N.W., Room S-3201, Washington, D.C. 
20210, telephone (202) 219-7601. The Fax number is (202) 219-6592. 
(These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Regulations, 29 CFR Part 547, Requirements of a Bona Fide Thrift or 
Savings Plan

I. Background

    Section 7(e)(3)(b) of the Fair Labor Standards Act permits the 
exclusion from an employee's regular rate of pay for payments on behalf 
of an employee to a bona fide thrift or savings plan. Regulations 
require that information necessary to support a thrift or savings 
plan's qualifications as a bona fide plan, as defined in the Fair Labor 
Standards Act, be maintained by employers. Regulations, 29 CFR Part 547 
set forth the requirements for a bona fide thrift or savings plan.

II. Current Actions

    The Department of Labor is seeking extension of approval of this 
recordkeeping requirement in order to enable investigators to determine 
whether or not a given thrift or savings plan is in compliance with 
section 7(e)(3)(b) of the Fair Labor Standards Act. A prudent employer 
establishing a thrift or savings plan would set forth the plan in 
writing, describing eligibility requirements, a definite formula for 
saving, and the amount of the employer's contributions, even if not 
required to do so by the regulations. Therefore, this requirement 
imposes no additional recordkeeping burden on employers. The annual 
recordkeeping burden for this information collection is estimated at 
one hour as a ``placeholder'' only.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Regulations, 29 CFR Part 547, Requirements of a Bona Fide 
Thrift or Savings Plan.
    OMB Number: 1215-0119.
    Agency Numbers: None.
    Affected Public: Individuals or households; Businesses or other 
for-profit; State, local or Tribal Government; Not-for-profit 
institutions.
    Total Respondents: 2.072 million.
    Frequency: Recordkeeping only.
    Total Responses: 2.072 million.
    Average Time Per Response: Recordkeeping only.
    Total Burden Hours (recordkeeping): 1.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): 0.

Regulations, 29 CFR Part 549, Requirements of a Bona Fide Profit-
Sharing Plan or Trust

I. Background

    Section 7(e)(3)(b) of the Fair Labor Standards Act permits the 
exclusion from an employee's regular rate of pay for payments on behalf 
of an employee to a bona fide profit-sharing plan or trust. Regulations 
require that information necessary to support a profit-sharing plan or 
trust's qualifications as a bona fide plan or trust, as defined in the 
Fair Labor Standards Act, be maintained by employers. Regulations, 29 
CFR Part 549 set forth the requirements for a bona fide profit-sharing 
plan or trust.

II. Current Actions

    The Department of Labor is seeking extension of approval of this 
recordkeeping requirement in order to enable investigators to determine 
whether or not a given profit-sharing plan or trust is in compliance 
with section 7(e)(3)(b) of the Fair Labor Standards Act. A prudent 
employer establishing a profit-sharing plan or trust would set forth 
the plan in writing,

[[Page 25095]]

outlining a definite program for distributing to the employees a share 
of the company's profits, as well as describing eligibility 
requirements for participation, even if not required to do so by the 
regulations. Therefore, this requirement imposes no additional 
recordkeeping burden on employers. The annual recordkeeping burden for 
this information collection is estimated at one hour as a 
``placeholder'' only.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Regulations, 29 CFR Part 549, Requirements of a Bona Fide 
Profit-sharing Plan or Trust.
    OMB Number: 1215-0122.
    Agency Number: None.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions; State, Local, or Tribal Government.
    Total Respondents: 888,000.
    Frequency: Recordkeeping only.
    Total Responses: 888,000.
    Average Time per Response: Recordkeeping only.
    Total Burden Hours (recordkeeping): 1.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): 0.

Regulations, 29 CFR Part 4, Labor Standards for Federal Service 
Contracts

I. Background

    The Service Contract Act (SCA) imposes certain recordkeeping and 
incidental reporting requirements applicable to employers performing on 
service contracts with the Federal government. The basic payroll 
recordkeeping requirements contained in this regulation (sections 
4.6(g)(1)(i) through (iv)) have been previously approved under OMB 
number 1215-0017, which constitutes the basic recordkeeping regulations 
for all laws administered by the Wage and Hour Division, and the 
remaining SCA requirements under 1215-0150. This information collection 
contains three additional requirements not cleared under either of the 
above information collections. They are: a vacation benefit seniority 
list, which is used by the contractor to determine vacation fringe 
benefits entitlements earned and accrued by service employees who were 
employed by predecessor contractors; a conformance record report, which 
is used by Wage and Hour to determine the appropriateness of the 
conformance and compliance with the SCA and its regulations; and a 
collective bargaining agreement, submitted by the contracting agency to 
Wage and Hour to be used in the issuance of wage determinations for 
successor contracts subject to section 2(a) and 4(c) of SCA.

II. Current Actions

    The Department of Labor seeks extension of approval of this 
information collection in order to carry out the provisions of the 
Service Contract Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Regulations, 29 CFR Part 4, Labor Standards For Federal 
Service Contracts.
    OMB Number: 1215-0150.
    Agency Number: None.
    Affected Public: Businesses or other for-profit; Federal 
government.
    Total Respondents: 61,789.
    Frequency: On occasion.

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               Requirement                   Respondents         Average time per response         Burden hours 
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Vacation Benefit Seniority List..........          59,055  1 hour...............................          59,055
Conformance Record.......................             204  \1/2\ hour...........................             102
Collective Bargaining Agreements.........           2,530  5 minutes............................             211
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    Total Burden Hours: 59,368.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost: (operating/maintenance): 0.

OFCCP Complaint Form (CC-4)

I. Background

    The Office of Federal Contract Compliance Programs (OFCCP) 
administers three equal employment opportunity programs: Executive 
Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, 
as amended; and 38 U.S.C. 4212, the Vietnam Era Veteran's' Readjustment 
Assistance Act. These programs require affirmative action by Federal 
contractors and subcontractors and prohibit discrimination on the basis 
of race, color, sex, religion, national origin, disability, or veteran 
status. All three programs give individuals the right to file 
complaints. The CC-4 Complaint Form is used to file complaints under 
all three programs. The form is used as the first step in the 
initiation of a complaint investigation.

II. Current Actions

    The Department of Labor seeks an extension of approval of this 
information collection in order to collect information necessary to 
investigate complaints of discrimination.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: OFCCP Complaint Form.
    OMB Number: 1215-0131.
    Agency Number: CC-4.
    Affected Public: Individuals or households.
    Total Respondents: 1,150.
    Frequency: On occasion.
    Total Responses: 1,150.
    Average Time per Response: 1.28 hours.
    Total Burden Hours: 1,472.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $402.50.

Employer's First Report of Injury or Occupational Illness (LS-202), 
Employer's Supplementary Report of Accident or Occupational Illness 
(LS-210), Physician's Report on Impairment of Vision (LS-205)

I. Background

    The Longshore and Harbor Workers' Compensation Act provides 
benefits to workers injured in maritime employment on the navigable 
waters of the United States or in an adjoining area customarily used by 
an employee in loading, unloading, repairing or building a vessel. The 
LS-202, Employer's First Report of Injury or Occupational Illness, is 
used by employers to report injuries that have occurred under the 
Longshore Act and its related statutes. The LS-210, Employer's 
Supplementary Report of Accident or Occupational Illness, is used to 
report additional periods of lost time from work. The LS-205, 
Physician's Report on Impairment of Vision, is a medical report based 
on a comprehensive examination of visual impairment.

[[Page 25096]]

II. Current Actions

    The Department of Labor seeks an extension of this information 
collection in order to ensure that employers are complying with the 
reporting requirements of the Act and to ensure that injured claimants 
receive all compensation benefits to which they are entitled.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Employer's First Report of Injury or Occupational Illness 
(LS-202); Employer's Supplementary Report of Accident or Occupational 
Illness (LS-210); Physician's Report on Impairment of Vision (LS-205).
    OMB Number: 1215-0031.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Total Respondents: 29,990.
    Frequency: On occasion.

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                   Form                      Respondents         Average time per response         Burden hours 
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LS-202...................................          27,000  .25 hour.............................           6,750
LS-205...................................              90  .75 hour.............................              68
LS-210...................................           2,900  .25 hour.............................             725
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    Total Burden Hours: 7,543.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $11,846.05.

Medical Refund Travel Request (CM-957)

I. Background

    When a coal miner files an application for black lung benefits 
under the Black Lung Benefits Act, the miner is scheduled for medical 
determination testing. The Black Lung Trust fund is required to pay for 
this determination testing and associated travel costs. The CM-957 is 
used by the miner to record travel expenses incurred while traveling to 
and from the testing facility.

II. Current Actions

    The Department of Labor seeks an extension of this information 
collection in order to identify and reimburse miners for out-of-pocket 
medical travel expenses associated with black lung related medical 
testing.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Medical Travel Refund Request.
    OMB Number: 1215-0054.
    Agency Number: CM-957.
    Affected Public: Individuals or households; Businesses or other 
for-profit; Not-for-profit institutions.
    Total Respondents: 8,700.
    Frequency: On occasion.
    Total Responses: 8,700.
    Average Time per Response: 10 minutes.
    Total Burden Hours: 1,450.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $3,045.

Request for State or Federal Workers' Compensation Information (CM-
905)

I. Background

    The Federal Mine Safety and Health Act of 1977, as amended, 30 
U.S.C. 922(b) and 20 CFR 725.535, direct that DOL Black Lung benefit 
payments to a beneficiary for any month be reduced by any other 
payments of state or federal benefits for workers compensation due to 
black lung disease. This form collects information regarding the status 
of any state or Federal workers' compensation claim, including dates of 
payments, weekly or lump sum amounts paid, and other fees or expenses 
paid out of this award, such as attorney fees and related expenses 
associated with black lung disease.

II. Current Actions

    The Department of Labor seeks an extension of this information 
collection in order that state or Federal workers' compensation 
programs may notify DCMWC that a claimant is receiving benefits that 
must be offset, of any rate changes, or of cessation of compensation 
benefits.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Request for State or Federal Workers' Compensation 
Information.
    OMB Number: 1215-0060.
    Agency Number: CM-905.
    Affected Public: Federal Government; State, Local or Tribal 
Government.
    Total Respondents: 3,986.
    Frequency: On occasion.
    Total Responses: 3,986.
    Average Time per Response: 15 minutes.
    Total Burden Hours: 996.
    Total Burden Cost: (capital/startup): 0.
    Total Burden Cost: (operating/maintenance: $12,197.16.

Application for Approval of a Representative's Fee in a Black Lung 
Claim Proceeding Conducted by the U. S. Department of Labor (CM-
972)

I. Background

    Individuals filing for benefits under the Black Lung Benefits Act 
may elect to be represented or assisted by an attorney or other 
representative. The fee charged by the representative must be approved 
for payment by the Division of Coal Mine Worker's Compensation. 
Regulation 20 CFR 725.365-6 establishes certain information and 
documentation criteria which must be submitted in order for the Program 
to evaluate the fee request. This form provides a standardized format 
for submission of the information required by the regulation.

II. Current Actions

    The Department of Labor seeks an extension of this information 
collection in order to carry out its responsibility to evaluate and 
approve a fee for services rendered.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Application for Approval of a Representative's Fee in Black 
Lung Claim Proceeding Conducted by the U. S. Department of Labor.
    OMB Number: 1215-0171.
    Agency Number: CM-972.
    Affected Public: Businesses or other for-profit.
    Total Respondents: 1,000.
    Frequency: As needed.
    Total Responses: 1,000.
    Average Time per Response: 42 minutes.
    Total Burden Hours: 700.
    Total Burden Cost: (capital/startup): 0.
    Total Burden Cost: (operating/maintenance: 0.
    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 25097]]


    Dated: April 30, 1998.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 98-12015 Filed 5-5-98; 8:45 am]
BILLING CODE 4510-27-P