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Federal Register / Vol. 64, No.

54 / Monday, March 22, 1999 / Notices 13821

Explanation of Table Signed at Washington, D.C., this 5th day of are to respond, including through the
March, 1999. use of appropriate automated,
Column 1: This column shows each
Raymond Bramucci, electronic, mechanical, or other
State’s unemployment rate for the
twelve months ending September 1998.
Assistant Secretary of Labor. technological collection techniques or
Column 2: This column shows the [FR Doc. 99–6859 Filed 3–19–99; 8:45 am] other forms of information technology,
amount of excess funds which are BILLING CODE 4510–30–M e.g., permitting electronic submissions
subject to recapture. PY 1998 funds in of responses.
an amount equal to the excess of funds ADDRESSES: Ms. Patricial A. Forkel, U.S.
DEPARTMENT OF LABOR Department of Labor, 200 Constitution
identified will be recaptured from such
State and distributed as discussed Ave., NW., Room S–3201, Washington,
Employment Standards Administration DC 20210, telephone (202) 693–0339
below.
Column 3: This column shows total Proposed Collection; Comment (this is not a toll-free number), fax (202)
excess funds initially distributed among Request 693–1451.
all ‘‘eligible States’’ by applying the SUPPLEMENTARY INFORMATION:
regular Title III formula. ‘‘Eligible ACTION: Notice.
States’’ are those with unexpended PY Regulations, 29 CFR Part 825, The
SUMMARY: The Department of Labor, as Family and Medical Leave Act of 1993
1997 funds at or below the level of 20 part of its continuing effort to reduce
percent of their PY 1997 formula (WH–380 and WH–381)
paperwork and respondent burden,
allotments as described above. conducts a preclearance consultation I. Background
Column 4: Eligible States with program to provide the general public The Family and Medical Leave Act of
unemployment rates higher than the and Federal agencies with an 1993 (FMLA) requires private section
national average, which was 4.6 percent opportunity to comment on proposed employers of 50 or more employees, and
for the 12-month period, are ‘‘eligible and/or continuing collections of public agencies, to provide up to 12
high unemployment States.’’ These information in accordance with the weeks of unpaid, job-protected leave to
eligible high unemployment States Paperwork Reduction Act of 1995 eligible employees for certain family
received amounts equal to their share of (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This and medical reasons. Records are
the excess funds (the amounts shown in program helps to ensure that requested required so that the Department of Labor
column 3) according to the regular Title data can be provided in the desired can determine employer compliance
III formula. This is Step 1 of the format, reporting burden (time and with FMLA.
reallotment process. These amounts are financial resources) is minimized,
shown in column 4 and total collection instruments are clearly II. Current Actions
$3,025,519. understood, and the impact of collection The Department of Labor seeks an
Column 5: The sum of the remaining requirements on respondents can be extension of approval to collect this
shares of available funds ($1,474,005) is properly assessed. Currently, the information in order to carry out its
distributed among all eligible States, Employment Standards Administration statutory obligation under FMLA to
again using the regular Title III is soliciting comments concerning the investigate and ensure employer
allotment formula. This is Step 2 of the the following proposed extension compliance with the Act.
reallotment process. These amounts are collections: (1) Regulations, 29 CFR Part Type of Review: Extension.
shown in column 5. 825, The Family and Medical Leave Act Agency: Employment Standards
Column 6: Net changes in PY 1998 of 1993; and (2) Notice of Recurrence of Administration.
formula allotment are presented. This Disability and Claim for Continuance of Title: 29 CFR Part 825, The Family
column represents the decreases in Title Pay/Compensation (Form CA–2a). A and Medical Leave Act of 1993.
III funds shown in column 2, and the copy of the proposed information OMB Number: 1215–0181.
increases in Title III funds shown in collection requests can be obtained by Agency Number: WH–380 and WH–
columns 4 and 5. NOOs in the amounts contacting the office listed below in the 381.
shown in column 6 are being issued to addressee section of this notice. Affected Public: Individuals or
the States listed. DATES: Written comments must be households; Business or other for-profit;
submitted to the office listed in the Not-for-profit institutions; Farms; State,
Equitable Procedures Local or Tribal government.
addressee section below on or before
Pursuant to section 303(d) of the Act, May 25, 1999. The Department of Labor Total Respondents: 3.9 million.
Governors of States required to make is particularly interested in comments Frequency: Recordkeeping; Reporting
funds available for reallotment shall which: on occasion.
prescribe equitable procedures for • Evaluate whether the proposed Total Responses: 9.1425 million.
making funds available from the State collection of information is necessary Time per Response: 1 minute to 10
and substate grantees. 29 U.S.C. 1653(d). for the proper performance of the minutes.
Estimated Total Burden Hours:
Distribution of Funds functions of the agency, including
645,625.
whether the information will have
Funds are being reallotted by the Total Burden Cost (capital/startup): $
practical utility;
Secretary in accordance with section • Evaluate the accuracy of the 0.
303(a), (b), and (c) of the Act, using the Total Burden Cost (operating/
agency’s estimate of the burden of the
factors described in section 302(b) of the maintenance): $ 0.
proposed collection of information,
Act. 29 U.S.C. 1652(b) and 1653(a), (b), including the validity of the Notice of Recurrence of Disability and
and (c). Distribution within States of methodology and assumptions used; Claim for Continuation of Pay/
funds allotted to States shall be in • Enhance the quality, utility and Compensation (CA–2a)
accordance with section 302(c) and (d) clarity of the information to be
of the Act (29 U.S.C. 1652(c) and (d)), collected; and I. Background
and the JTPA regulation at 20 CFR • Minimize the burden of the The CA–2a is a form used by current,
631.12(d). collection of information on those who or occasionally former Federal
13822 Federal Register / Vol. 64, No. 54 / Monday, March 22, 1999 / Notices

employees, to claim wage loss or 1004) and 29 CFR Part 511, I hereby competitive advantage to any group in
medical treatment resulting from a appoint special Industry Committee No. the industry. No classification shall be
recurrence of a work-related injury 23 for American Samoa. made, however, and no minimum wage
while Federally employed. The form is 2. Pursuant to sections 5, 6(a)(3) and rate shall be fixed solely on a regional
required of the public, and thus subject 8 of FLSA, as amended (29 U.S.C. 205, basis or on the basis of age or sex. In
to the Paperwork Reduction Act of 1995, 206(a)(3), and 208), reorganization Plan determining whether there should be
in cases where the claimant has left No. 6 of 1950 (3 CFR 1949–53 Comp., classifications within an industry, in
Federal employment at the time of a p. 1004), and 29 CFR Part 511, I hereby: making such classifications, and in
claimed recurrence. The information is (a) Convene the above-appointed determining the minimum wage rates
necessary to ensure accurate benefit industry committee; for such classifications, the committee
payments. (b) Refer to the industry committee shall consider, among other relevant
the question of the minimum rate or factors, the following:
II. Current Actions rates for all industries in American (a) Competitive conditions as affected
The Department of Labor seeks the Samoa to be paid under section 6(a)(3) by transportation, living, and
extension of approval to collect this of the FLSA, as amended; and, production costs;
information in order to determine (c) Give notice of the hearing to be (b) Wages established for work of like
whether a claimant has suffered a held by the committee at the time and or comparable character by collective
recurrence of disability related to an place indicated. labor agreements negotiated between
accepted injury, and, if so, the amount The industry committee shall employers and employees by
of benefits payable. investigate conditions in such representatives of their own choosing;
Type of Review: Extension. industries, and the committee, or any and
Agency: Employment Standards authorized subcommittee thereof, shall (c) Wages paid for work of like or
Administration. hear such witnesses and receive such comparable character by employers who
Title: Notice of Recurrence of evidence as may be necessary or voluntarily maintain minimum wage
Disability and Claim for continuation appropriate to enable the committee to standards in the industry.
Pay/Compensation. perform its duties and functions under 5. Prior to the hearing, the
OMB Number: 1215–0167. the FLSA. Administrator of the Wage and Hour
Agency Number: CA–2a. The committee shall meet in Division, U.S. Department of Labor,
Affected Public: Individuals or executive session to commence its shall prepare an economic report
households. investigation at 9:00 a.m. and begin its containing the information that has been
Total Respondents: 550. public hearing at 11:00 a.m. on June 7, assembled pertinent to the matters
Frequency: As needed. 1999, in Pago Pago, American Samoa. referred to the committee. Copies of this
Total Responses: 550. 3. The rate or rates recommended by report may be obtained at the Office of
Average Time per Response: 30 the committee shall not exceed the rate the Governor, Pago Pago, American
minutes. prescribed by section 6(a) or 6(b) of the Samoa, and the National Office of the
Estimated Total Burden Hours: 275. FLSA, as amended by the Fair Labor Wage and Hour Division, U.S.
Total Burden Cost (capital/startup): Standards Amendments of 1996, of Department of Labor, Washington, DC
$0. $5.15 an hour effective September 1, 20210. Upon request, the Wage and
Total Burden Cost (operating/ 1997. Hour Division will mail copies to
maintenance): $198.00. The committee shall recommend to interested persons who make written
Comments submitted in response to the Administrator of the Wage and Hour request to the Wage and Hour Division.
this notice will be summarized and/or Division of the Department of Labor the To facilitate mailing, such persons
included in the request for Office of highest minimum rate or rates of wages should make advance written request to
Management and Budget approval of the for such industries that it determines, the Wage and Hour Division. The
information collection request; they will having due regard to economic and committee will take official notice of the
also become a matter of public record. competitive conditions, will not facts stated in this report. Parties,
Dated: March 16, 1999. substantially curtail employment in however, shall be afforded an
Eleanor Smith, such industries, and will not give any opportunity to refute such facts by
industry in American Samoa a evidence received at the hearing.
Deputy Director, Office of Management,
competitive advantage over any 6. The provisions of Title 29, Code of
Administration and Planning Employment
Standards Administration. industry in the United States outside of Federal Regulations, Part 511, will
American Samoa. govern the procedure of this industry
[FR Doc. 99–6860 Filed 3–19–99; 8:45 am]
4. Where the committee finds that a committee. Copies of this part of the
BILLING CODE 4510–27–P
higher minimum wage may be regulations will be available at the
determined for employees engaged in Office of the Governor, Pago Pago,
DEPARTMENT OF LABOR certain activities or in the manufacture American Samoa, and at the National
of certain products in the industry than Office of the Wage and Hour Division.
Wage and Hour Division may be determined for other employees The proceedings will be conducted in
in the industry, the committee shall English but in the event a witness
[Administrative Order No. 664] recommend such reasonable should wish to testify in Samoan, an
Special Industry Committee for All classifications within the industry as it interpreter will be provided. As a
Industries in American Samoa; determines to be necessary for the prerequisite to participation as a party,
Appointment; Convention; Hearing purpose of fixing for each classification interested persons shall file six copies of
the highest minimum wage rate that can a pre-hearing statement at the
1. Pursuant to sections 5 and 6(a)(3) be determined for it under the aforementioned Office of the Governor
of the Fair Labor Standards Act (FLSA) principles set forth herein and in 29 of American Samoa and six copies at the
of 1938, as amended (29 U.S.C. 205, CFR Part 511.10, that will not National Office of the Wage and Hour
206(a)(3)), and Reorganization Plan No. substantially curtail employment in Division, U.S. Department of Labor,
6 of 1950 (3 CFR 1949–53 Comp., p. such classification and will not give a Washington, DC 20210. Each pre-

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