81 FR 62537 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Special Employment Under the Fair Labor Standards Act

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 175 (September 9, 2016)

The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) revision titled, ``Special Employment Under the Fair Labor Standards Act,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited.

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62537-62538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21723]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Special Employment Under the Fair Labor 
Standards Act

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is submitting the Wage and Hour 
Division (WHD) sponsored information collection request (ICR) revision 
titled, ``Special Employment Under the Fair Labor Standards Act,'' to 
the Office of Management and Budget (OMB) for review and approval for 
use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3501 et seq.). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before October 11, 2016.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201510-1235-001 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
WHD, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Special Employment Under the Fair Labor Standards Act 
(FLSA) information collection. FLSA special employment provisions 
relate to restrictions on industrial homework and to the use of special 
certificates that allow for the employment of categories of workers who 
may be paid less than the statutory minimum wage to the extent 
necessary to prevent curtailment of their employment opportunities. 
This information collection has been classified as a revision, because 
of changes to Forms WH-226 and WH-226A that relate to the authorization 
to pay subminimum wages to workers with disabilities. The changes will 
allow the WHD more effectively and efficiently to fulfill its statutory 
directive to oversee and enforce the FLSA section 14(c) certificate 
program, including the new conditions introduced to section 14(c) 
certificate holders pursuant to the Workforce Innovation and 
Opportunity Act. FLSA sections 11 and 14 authorize this information 
collection. See 29 U.S.C. 211, 214.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1235-0001. The current approval is scheduled to 
expire on May 31, 2017; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New requirements 
would only take effect upon OMB approval. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on August 6, 2015 (80 FR 47004).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1235-0001. 
The OMB is particularly interested in comments that:
     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 submission of responses.
    Agency: DOL-WHD.
    Title of Collection: Special Employment Under the Fair Labor 
Standards Act.
    OMB Control Number: 1235-0001.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 338,107.
    Total Estimated Number of Responses: 1,345,307.
    Total Estimated Annual Time Burden: 693,807 hours.

[[Page 62538]]

    Total Estimated Annual Other Costs Burden: $3,498.

    Authority: 44 U.S.C. 3507(a)(1)(D).

    Dated: September 2, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-21723 Filed 9-8-16; 8:45 am]
 BILLING CODE 4510-27-P