[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Notices]
[Pages 3758-3759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1194]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Labor.

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. 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 Wage and Hour 
Division is soliciting comments concerning its proposal to extend 
Office of Management and Budget (OMB) approval of the Information 
Collection: Motor Vehicle Safety for Transportation of Migrant and 
Seasonal Agricultural Workers. A copy of the proposed information 
collection request can be obtained by contacting the office listed 
below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

[[Page 3759]]


DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before March 23, 2010.

ADDRESSES: You may submit comments, identified by Control Number 1215-
0036, by either one of the following methods:
    E-mail: <a href="/cdn-cgi/l/email-protection#9acdd2decac8dbd9f5f7f7fff4eee9dafef5f6b4fdf5ec"><span class="__cf_email__" data-cfemail="98cfd0dcc8cad9dbf7f5f5fdf6ecebd8fcf7f4b6fff7ee">[email protected]</span></a>.
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, 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 Office of Management and Budget approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Michel Smyth, Chief, Regulatory 
Analysis Branch, Division of Interpretations and Regulatory Analysis, 
Wage and Hour Division, 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 may 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/TDD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

I. Background

    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 standards. These MSPA safety standards address 
the vehicle, driver, and insurance. The Wage and Hour Division (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/FLC Employee applicant to transport/drive 
any migrant/seasonal agricultural worker(s) or to cause such 
transportation. Form WH-514 is used to verify that any vehicle used or 
caused to be used to transport any migrant/seasonal agricultural 
worker(s) meets the Department of Transportation (DOT) safety 
standards. When the adopted DOT rules do not apply, FLC applicants 
seeking authorization to transport any migrant/seasonal agricultural 
workers use Form WH-514a to verify that the vehicles meet the DOL 
safety standards and, upon the vehicle meeting the required safety 
standards, the form is completed. Form WH-515 is a doctor's certificate 
used to document that a motor vehicle driver or operator meets the 
minimum DOT physical requirements that the DOL has adopted. This 
information collection is currently approved for use through August 31, 
2010.

II. Review Focus

    The DOL is particularly interested in comments that:
    <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 DOL seeks the approval of the extension of the subject 
information collection requirements in order to verify that FLCs, 
AGERs, and AGASs have complied with the applicable safety standards as 
a condition of their transportation and/or driving authorization.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Titles: Vehicle Mechanical Inspection Report for Transportation 
Subject to Department of Transportation Requirements; Vehicle 
Mechanical Inspection Report for Transportation Subject to Department 
of Labor Safety Standards; MSPA Doctor's Certificate.
    OMB Number: 1215-0036.
    Agency Numbers: Form WH-514, WH-514a, WH-515.
    Affected Public: Businesses or other for-profits, Farms.
    Respondents: 1500.
    Total Annual Responses: 4500.
    Estimated Total Burden Hours: 750.
    Estimated Time per Response: 5 minutes for the vehicle mechanical 
inspection reports and 20 minutes for the MSPA Doctor's Certification.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $220,500.

    Dated: January 15, 2010.
Michel Smyth,
Regulatory Analysis Branch Chief.
[FR Doc. 2010-1194 Filed 1-21-10; 8:45 am]
BILLING CODE 4510-27-P


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