80 FR 47004 - Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range		47004-47006
FR Document		2015-19272

The Department of Labor (DOL) is soliciting comments concerning a proposed revision to the information collection request (ICR) titled, ``Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. 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. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)

[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 47004-47006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19272]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections Pertaining to Special Employment Under the Fair 
Labor Standards Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed revision to the information collection request 
(ICR) titled, ``Information Collections Pertaining to Special 
Employment Under the Fair Labor Standards Act.'' This comment request 
is part of continuing Departmental efforts to reduce paperwork and 
respondent burden in accordance with the

[[Page 47005]]

Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.
    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. A copy of the proposed information request can be obtained by 
contacting the office listed below in the FOR FURTHER INFORMATION 
CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before October 5, 2015.

ADDRESSES: You may submit comments identified by Control Number 1235-
0001, by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, 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 email 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 (OMB) 
approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Monty Navarro, Acting Director, 
Division of Regulations, Legislation, and Interpretation, 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). Materials associated with this information 
collection may be reviewed at: http://www.dol.gov/whd/specialemployment/14cpra.htm. 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/TTD 
callers may dial toll-free (877) 889-5627 to obtain information or 
request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Wage and Hour Division (WHD) of the Department 
of Labor administers the Fair Labor Standards Act (FLSA), 29 U.S.C. 
201, et seq., which sets the Federal minimum wage, overtime pay, 
recordkeeping, and youth employment standards of most general 
application. See 29 U.S.C. 206, 207, 211, 212. FLSA section 14(c) 
provides that the Secretary of Labor, ``to the extent necessary to 
prevent curtailment of opportunities for employment, shall by 
regulation or order provide for the employment, under special 
certificates, of individuals'' whose productivity for the work 
performed is limited by disability at subminimum wages commensurate 
with the individual's productivity. 29 U.S.C. 214(c). In accordance 
with section 14(c), the WHD regulates the employment of individuals 
with disabilities under special certificates and governs the 
application and approval process for obtaining the certificates. See 29 
CFR part 525. DOL proposes to revise Form WH-226, the Application for 
Authority to Employ Workers with Disabilities at Special Minimum Wages, 
and WH-226A, the Supplemental Data Sheet for Application for Authority 
to Employ Workers with Disabilities at Special Minimum Wages. The 
proposed new information collections on these forms will assist DOL in 
fulfilling its statutory directive to administer and enforce the 
section 14(c) program, including the new conditions introduced to 
section 14(c) certificate holders pursuant to the Workforce Innovation 
and Opportunity Act (WIOA), which was signed into law on July 22, 2014. 
Forms WH-226 and WH-226A are the only information collections under 
Control Number 1235-0001 that DOL proposes to revise at this time.
    In addition, section 11(d) of the FLSA authorizes the Secretary of 
Labor to regulate, restrict, or prohibit industrial homework as 
necessary to prevent circumvention or evasion of the minimum wage 
requirements of the Act. 29 U.S.C. 211(d). Pursuant to section 11(d), 
the WHD issues special certificates governing the employment of 
individual homeworkers and employers of homeworkers. DOL restricts 
homework in seven industries (i.e., knitted outwear, women's apparel, 
jewelry manufacturing, gloves and mittens, button and buckle 
manufacturing, handkerchief manufacturing, and embroideries) to those 
employers who obtain certificates. See 29 CFR 530.1, 530.2. The DOL may 
issue individual certificates in those industries for an individual 
homeworker (1) who is unable to adjust to factory work because of a 
disability or who must remain at home to care for a person with a 
disability in the home, and (2) who has been engaged in industrial 
homework in the particular industry prior to certain specified dates as 
set forth in the regulations or is engaged in industrial homework under 
the supervision of a State Vocational Rehabilitation Agency. See 29 CFR 
530.3, 530.4. The DOL also allows employers to obtain general 
(employer) certificates to employ homeworkers in all restricted 
industries, except women's apparel and hazardous jewelry manufacturing 
operations. See 29 CFR 530.101. Form WH-2, the Application for Special 
Industrial Homeworker's Certificate, and Form WH-46, the Application 
for Certificate to Employ Homeworkers, are used in the application 
process for obtaining these certificates, and Form WH-75, Homeworker 
Handbook, is used to assist with recordkeeping. No revisions to these 
forms are proposed at this time.
    The FLSA also requires that the Secretary of Labor, to the extent 
necessary to prevent curtailment of employment opportunities, provide 
certificates authorizing the employment of full-time students at: (1) 
Not less than 85 percent of the applicable minimum wage or less than 
$1.60, whichever is higher, in retail or service establishments or in 
institutions of higher education (29 U.S.C. 214(b)(1), (3); 29 CFR part 
519); and (2) not less than 85 percent of the applicable minimum wage 
or less than $1.30, whichever is higher, in agriculture (29 U.S.C. 
214(b)(2), 29 CFR part 519). The FLSA and the regulations set forth the 
application requirements as well as the terms and conditions for the 
employment of full-time students at subminimum wages under certificates 
and temporary authorization to employ such students at subminimum 
wages. The forms used to apply for these certificates are WH-200 
(retail, service, or agricultural employers seeking to employ full-time 
students for 10 percent or more of total monthly hours of employment), 
WH-201 (institution of higher learning seeking to employ its students), 
and WH-202 (retail, service, or agricultural employers seeking to 
employ six or fewer full-time students). No revisions to these forms 
are proposed at this time.
    FLSA section 14(a) requires that the Secretary of Labor, to the 
extent necessary to prevent curtailment of employment opportunities, 
provide by regulations or order for the employment of learners, 
apprentices, and messengers who, under special certificates may be

[[Page 47006]]

paid less than the statutory minimum wage. See 29 U.S.C. 214(a). This 
section also authorizes the Secretary to set limitations on such 
employment as to time, number, proportion, and length of service. The 
regulations at 29 CFR part 520 contain the provisions that implement 
the section 14(a) requirements. Form WH-205 is the application an 
employer uses to obtain a certificate to employ student-learners at 
wages lower than the federal minimum wage. Form WH-209 is the 
application an employer uses to request a certificate authorizing the 
employer to employ learners and/or messengers at subminimum wage rates. 
Regulations issued by the DOL's Office of Apprenticeship no longer 
permit the payment of subminimum wages to apprentices in an approved 
program; therefore, DOL has not issued apprentice certificates since 
1987. See 29 CFR 29.5(b)(5). However, the WHD must maintain the 
information collection for apprentice certificates in order for the 
agency to fulfill its statutory obligation under FLSA to maintain this 
program. No revisions to these forms are proposed at this time.
    II. Review Focus: 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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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 seeks an approval for 
the revision of this information collection in order to ensure 
effective administration of various special employment programs.
    Type of Review: Revision.
    Agency: Wage and Hour Division.
    Title: Information Collections Pertaining to Special Employment 
Under the Fair Labor Standards Act.
    OMB Number: 1235-0001.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms, State, Local, or Tribal Government.
    Agency Numbers: Forms WH-2, WH-46, WH-75, WH-200, WH-201, WH-202, 
WH-205, WH-209, WH-226, WH-226A.
    Total Respondents: 4,355.
    Total Annual Responses: 10,300.
    Estimated Total Burden Hours: 15,178.
    Estimated Time per Response: Ranges from 10 minutes to 120 minutes 
depending on the form.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $3,498.

    Dated: July 31, 2015.
Mary Ziegler,
Assistant Administrator for Policy.
[FR Doc. 2015-19272 Filed 8-5-15; 8:45 am]
BILLING CODE 4510-27-P

47004 Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

program(s) that are included in the As mentioned above, this ICR is any comments received on the NPRM
Combined State Plan. intended to cover the State planning that are relevant to this ICR together
This consolidated ICR for the Unified information collection requirements in with comments we receive in response
or Combined State Plan will replace sections 102 and 103 of WIOA. The to this Federal Register Notice in order
existing planning information notice of proposed rulemaking (NPRM) to finalize the substantive information
collections for the core programs. For proposing regulations that would collection requirements to the extent
States that choose to submit a Combined implement those sections was published legally possible.
State Plan, the existing information on April 16, 2015, at 80 FR 20573. The
Portia Wu,
collections for the program-specific comment period closed on June 15,
2015. The proposed regulations that Assistant Secretary for Employment and
State plans for the optional programs Training, U.S. Department of Labor.
will continue to exist under their correspond to these information
collection requirements are: 20 CFR part Johan E. Uvin,
current control numbers. If the
Combined State Plan is approved, the 676 (WIOA Adult, Dislocated Worker, Acting Assistant Secretary for the Office of
and Youth programs and Wagner-Peyser Career, Technical, and Adult Education, U.S.
State is not required to submit any other Department of Education.
plan to receive Federal funding for any Act programs); 34 CFR part 361, subpart
D (State Vocational Rehabilitation Michael K. Yudin,
optional program covered under that
Combined State Plan (WIOA sec. Services Program); and 34 CFR part 463, Assistant Secretary for the Office of Special
subpart H (Adult Education and Family Education and Rehabilitative Services, U.S.
103(b)(2)). If a State plan for an optional Department of Education.
program changes from the one approved Literacy Act programs).
Sec. 102(c)(1)(A) of WIOA requires Mark H. Greenberg,
under the Combined State Plan, the
State may have to submit additional States to submit their first Unified State Acting Assistant Secretary for Children and
Plan to the Secretary of Labor not later Families, U.S. Department of Health and
plans to the appropriate Department— Human Services.
such additional plans will be counted than 120 days prior to the
commencement of the second full Teresa W. Gerton,
under the optional programs’ existing
information collection requirements. program year after the date of enactment Acting Assistant Secretary for Veterans’
of WIOA, which was July 22, 2014. Employment and Training, U.S. Department
Some of the optional programs that a of Labor.
Therefore, the second full program year
State may include in the Combined
commences on July 1, 2016, and the Kevin Concannon,
State Plan currently fulfill their
State plans must be submitted no later Under Secretary, Food, Nutrition, and
program-specific State planning
than March 3, 2016. Approval of this Consumer Services, U.S. Department of
requirements through a broader Agriculture.
ICR is required so that the States can
information collection administered by
begin working to develop their plans, a Clifford Taffet,
the program’s appropriate Department.
process that requires months of General Deputy Assistant Secretary, Office
For example, section 103(b)(2) of WIOA
coordination among State agencies and of Community Planning and Development,
specifically allows the employment and other stakeholders. U.S. Department of Housing and Urban
training activities carried out under the The Departments have all worked Development.
Community Services Block Grant together to develop this information Jemine A. Bryon,
(CSBG) Act administered by the collection; however, this information General Deputy Assistant Secretary for Public
Department of Health and Human collection will initially be approved and Indian Housing, U.S. Department of
Services and employment and training under a Department of Labor, Housing and Urban Development.
activities under the Department of Employment and Training [FR Doc. 2015–19286 Filed 8–5–15; 8:45 am]
Housing and Urban Development to be Administration (ETA) account using the BILLING CODE 4510–30–P
included in a WIOA Combined State common forms clearance process that
Plan. However, the existing CSBG allows several agencies to use a single
information collection, for example, information collection instrument. DEPARTMENT OF LABOR
includes planning elements for the Burden estimates for all the partner
employment and training activities agencies have been included in this Wage and Hour Division
along with planning elements for other Notice, in order to facilitate an
activities under CSBG. Therefore, if understanding of the full impact of the Agency Information Collection
States choose to include programs such collection; however, in accordance with Activities; Comment Request;
as these in the Combined Plan, only the OMB guidance for common forms, the Information Collections Pertaining to
portion of the existing planning ICR submitted to OMB will initially Special Employment Under the Fair
requirements that address the identify only the ETA burdens. OMB Labor Standards Act
employment and training activities are approval of the ICR will trigger the
included in the Combined State Plan AGENCY:Wage and Hour Division,
ability for the other Federal agencies to
(WIOA sec. 103), and States are still Department of Labor.
formally submit requests to sign on the
required to separately submit all other collection; those actions would not ACTION: Notice.
required elements of a complete CSBG require additional notice or public
State Plan directly to the Federal agency comment. This ICR may receive OMB SUMMARY: The Department of Labor
that administers the program. approval before Final Rules (DOL) is soliciting comments
Departmental program-specific State implementing WIOA are published. If concerning a proposed revision to the
Plan requirements for the optional this occurs, the Departments will submit information collection request (ICR)
tkelley on DSK3SPTVN1PROD with NOTICES

programs that may be included in the another ICR for this collection to OMB titled, ‘‘Information Collections
Combined State Plan will continue to incorporate the Final Rule citations, Pertaining to Special Employment
collecting data under the information as required by 5 CFR 1320.11(h). Those Under the Fair Labor Standards Act.’’
collections currently approved by OMB. citations currently do not exist and, This comment request is part of
This Notice is not soliciting comments therefore, cannot be included at this continuing Departmental efforts to
about these currently approved time. Additionally, the Departments reduce paperwork and respondent
information collections. will review, analyze, and incorporate burden in accordance with the

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47006 Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

paid less than the statutory minimum Affected Public: Business or other for- • Meet with NSF Assistant Directors
wage. See 29 U.S.C. 214(a). This section profit, Not-for-profit institutions, Farms,
Thursday, September 17, 2015
also authorizes the Secretary to set State, Local, or Tribal Government.
limitations on such employment as to Agency Numbers: Forms WH–2, WH– • Discuss and refine draft of the
time, number, proportion, and length of 46, WH–75, WH–200, WH–201, WH– Decadal Vision for Environmental
service. The regulations at 29 CFR part 202, WH–205, WH–209, WH–226, WH– Research and Education document
520 contain the provisions that 226A. (Continued)
implement the section 14(a) Total Respondents: 4,355. • Meet with the NSF Director
requirements. Form WH–205 is the Total Annual Responses: 10,300. • AC Business—Set date for next
application an employer uses to obtain Estimated Total Burden Hours: meeting
a certificate to employ student-learners 15,178. Dated: July 31, 2015.
at wages lower than the federal Estimated Time per Response: Ranges Crystal Robinson,
minimum wage. Form WH–209 is the from 10 minutes to 120 minutes Committee Management Officer.
application an employer uses to request depending on the form.
[FR Doc. 2015–19295 Filed 8–5–15; 8:45 am]
a certificate authorizing the employer to Frequency: On occasion.
BILLING CODE 7555–01–P
employ learners and/or messengers at Total Burden Cost (capital/startup):
subminimum wage rates. Regulations $0.
issued by the DOL’s Office of Total Burden Cost (operation/
Apprenticeship no longer permit the maintenance): $3,498. REAGAN-UDALL FOUNDATION FOR
payment of subminimum wages to THE FOOD AND DRUG
Dated: July 31, 2015.
apprentices in an approved program; ADMINISTRATION
Mary Ziegler,
therefore, DOL has not issued Assistant Administrator for Policy. [BAC 416404]
apprentice certificates since 1987. See [FR Doc. 2015–19272 Filed 8–5–15; 8:45 am]
29 CFR 29.5(b)(5). However, the WHD Request for Steering Committee
BILLING CODE 4510–27–P
must maintain the information Nominations
collection for apprentice certificates in
order for the agency to fulfill its ACTION: Request for nominations to the
statutory obligation under FLSA to NATIONAL SCIENCE FOUNDATION Steering Committee for the Foundation’s
maintain this program. No revisions to Big Data for Patients (BD4P) Program.
Advisory Committee for Environmental
these forms are proposed at this time. Research and Education: Notice of SUMMARY: The Reagan-Udall Foundation
II. Review Focus: The Department of Meeting (RUF) for the Food and Drug
Labor is particularly interested in Administration (FDA), which was
comments which: In accordance with the Federal created by Title VI of the Food and Drug
• Evaluate whether the proposed Advisory Committee Act (Pub. L. 92– Amendments of 2007, is requesting
collection of information is necessary 463, as amended), the National Science nominations for its Big Data for Patients
for the proper performance of the Foundation announces the following (BD4P) Steering Committee. The
functions of the agency, including meeting: Steering Committee will provide
whether the information will have Name: Advisory Committee for oversight and guidance for the BD4P
practical utility; Environmental Research and Education program, and will report to the Reagan-
• Enhance the quality, utility, and (9487). Udall Foundation for the FDA’s Board
clarity of the information to be Dates: September 16 & 17, 2015: 8 of Directors.
collected; a.m.–5 p.m.
DATES: All nominations must be
• Evaluate the accuracy of the Place: National Science Foundation,
4201 Wilson Blvd., Stafford I, Room submitted to the Reagan-Udall
agency’s estimate of the burden of the
1235, Arlington, Virginia 22230. Foundation for the FDA by Friday,
proposed collection of information,
Type of Meeting: Open. September 4, 2015. The BD4P Steering
including the validity of the
Contact Person: Diane Pataki, Program Committee members will be selected by
methodology and assumptions used;
the Reagan-Udall Foundation for the
• Minimize the burden of the Director, National Science Foundation,
FDA’s Board of Directors; those selected
collection of information on those who Suite 655, 4201 Wilson Blvd., Arlington,
Virginia 22230. Email: dpataki@nsf.gov. will be notified by September 30
are to respond, including through the regarding the Board’s decision. See the
use of appropriate automated, Minutes: May be obtained from the
contact person listed above. SUPPLEMENTARY INFORMATION section for
electronic, mechanical, or other Steering Committee responsibilities,
technological collection techniques or Purpose of Meeting: To provide
advice, recommendations, and oversight selection criteria and nomination
other forms of information technology, instructions.
e.g., permitting electronic submissions concerning support for environmental
of responses. research and education. ADDRESSES: The Reagan-Udall
III. Current Actions: The Department Agenda Foundation for the FDA is located at
of Labor seeks an approval for the 1025 Connecticut Ave. NW., Suite 1000,
revision of this information collection in Wednesday, September 16, 2015 Washington, DC 20036.
order to ensure effective administration • Approval of minutes from past FOR FURTHER INFORMATION CONTACT:
of various special employment meeting Questions should be sent to The Reagan-
• Updates on recent NSF and other
tkelley on DSK3SPTVN1PROD with NOTICES

programs. Udall Foundation for the FDA, 202–
Type of Review: Revision. agency environmental activities 828–1205, BD4P@ReaganUdall.org.
Agency: Wage and Hour Division. • Distribute and discuss the group’s SUPPLEMENTARY INFORMATION:
Title: Information Collections new document entitled, America’s
Pertaining to Special Employment Future: Environmental Research and I. Background
Under the Fair Labor Standards Act. Education for a Thriving Century The Reagan-Udall Foundation for the
OMB Number: 1235–0001. • Presentation by Ken Calderia FDA (the Foundation) is an independent

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Document Created: 2018-02-23 10:55:25
Document Modified: 2018-02-23 10:55:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Written comments must be submitted to the office listed in the
Contact		Monty Navarro, Acting Director, Division of Regulations, Legislation, and Interpretation, 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). Materials associated with this information collection may be reviewed at: http://www.dol.gov/whd/ specialemployment/14cpra.htm. 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/TTD callers may dial toll-free (877) 889-5627 to obtain information or request materials in alternative formats.
FR Citation		80 FR 47004

80 FR 47004 - Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act

DEPARTMENT OF LABORWage and Hour Division

Federal Register Volume 80, Issue 151 (August 6, 2015)

DEPARTMENT OF LABOR
Wage and Hour Division