Proposed collection; Comment Request

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:

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;

Enhance the quality, utility and clarity of the

information to be collected; and

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,

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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.

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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]

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