[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:
    <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.

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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