81_FR_62712 81 FR 62537 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Special Employment Under the Fair Labor Standards Act

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)

Page Range62537-62538
FR Document2016-21723

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 Issue 175 (Friday, September 9, 2016)
[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.

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

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 DOL_PRA_PUBLIC@dol.gov.
    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: OIRA_submission@omb.eop.gov. 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: DOL_PRA_PUBLIC@dol.gov.

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 DOL_PRA_PUBLIC@dol.gov.

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]
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                                                                                Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices                                          62537

                                                    proposed Consent Decree upon written                    693–8064, (these are not toll-free                    law, no person shall generally be subject
                                                    request and payment of reproduction                     numbers) or sending an email to                       to penalty for failing to comply with a
                                                    costs. Please mail your request and                     DOL_PRA_PUBLIC@dol.gov.                               collection of information that does not
                                                    payment to: Consent Decree Library,                        Submit comments about this request                 display a valid Control Number. See 5
                                                    U.S. DOJ—ENRD, P.O. Box 7611,                           by mail or courier to the Office of                   CFR 1320.5(a) and 1320.6. The DOL
                                                    Washington, DC 20044–7611.                              Information and Regulatory Affairs,                   obtains OMB approval for this
                                                      You may request a paper copy of the                   Attn: OMB Desk Officer for DOL–WHD,                   information collection under Control
                                                    Consent Decree with or without                          Office of Management and Budget,                      Number 1235–0001. The current
                                                    Appendices. If requesting a copy of the                 Room 10235, 725 17th Street NW.,                      approval is scheduled to expire on May
                                                    proposed Consent Decree with                            Washington, DC 20503; by Fax: 202–                    31, 2017; however, the DOL notes that
                                                    Appendices, please enclose a check or                   395–5806 (this is not a toll-free                     existing information collection
                                                    money order for $52.25 (25 cents per                    number); or by email:                                 requirements submitted to the OMB
                                                    page reproduction cost) payable to the                  OIRA_submission@omb.eop.gov.                          receive a month-to-month extension
                                                    United States Treasury, for a copy of the               Commenters are encouraged, but not                    while they undergo review. New
                                                    Consent Decree with Appendices. If                      required, to send a courtesy copy of any              requirements would only take effect
                                                    requesting a copy of the proposed                       comments by mail or courier to the U.S.               upon OMB approval. For additional
                                                    Consent Decree without Appendices,                      Department of Labor-OASAM, Office of                  substantive information about this ICR,
                                                    please enclose a check or money order                   the Chief Information Officer, Attn:                  see the related notice published in the
                                                    for $42.25 payable to the United States                 Departmental Information Compliance                   Federal Register on August 6, 2015 (80
                                                    Treasury.                                               Management Program, Room N1301,                       FR 47004).
                                                                                                            200 Constitution Avenue NW.,                            Interested parties are encouraged to
                                                    Jeffrey Sands,                                          Washington, DC 20210; or by email:                    send comments to the OMB, Office of
                                                    Assistant Section Chief, Environmental                  DOL_PRA_PUBLIC@dol.gov.                               Information and Regulatory Affairs at
                                                    Enforcement Section, Environment and
                                                    Natural Resources Division.                             FOR FURTHER INFORMATION CONTACT:                      the address shown in the ADDRESSES
                                                                                                            Contact Michel Smyth by telephone at                  section within thirty (30) days of
                                                    [FR Doc. 2016–21693 Filed 9–8–16; 8:45 am]
                                                                                                            202–693–4129, TTY 202–693–8064,                       publication of this notice in the Federal
                                                    BILLING CODE 4410–15–P
                                                                                                            (these are not toll-free numbers) or                  Register. In order to help ensure
                                                                                                            sending an email to                                   appropriate consideration, comments
                                                                                                            DOL_PRA_PUBLIC@dol.gov.                               should mention OMB Control Number
                                                    DEPARTMENT OF LABOR                                                                                           1235–0001. The OMB is particularly
                                                                                                            SUPPLEMENTARY INFORMATION: This ICR
                                                                                                            seeks approval under the PRA for                      interested in comments that:
                                                    Office of the Secretary
                                                                                                            revisions to the Special Employment                     • Evaluate whether the proposed
                                                    Agency Information Collection                           Under the Fair Labor Standards Act                    collection of information is necessary
                                                    Activities; Submission for OMB                          (FLSA) information collection. FLSA                   for the proper performance of the
                                                    Review; Comment Request; Special                        special employment provisions relate to               functions of the agency, including
                                                    Employment Under the Fair Labor                         restrictions on industrial homework and               whether the information will have
                                                    Standards Act                                           to the use of special certificates that               practical utility;
                                                                                                            allow for the employment of categories                  • Evaluate the accuracy of the
                                                    ACTION:   Notice.                                       of workers who may be paid less than                  agency’s estimate of the burden of the
                                                                                                            the statutory minimum wage to the                     proposed collection of information,
                                                    SUMMARY:   The Department of Labor                                                                            including the validity of the
                                                                                                            extent necessary to prevent curtailment
                                                    (DOL) is submitting the Wage and Hour                                                                         methodology and assumptions used;
                                                                                                            of their employment opportunities. This
                                                    Division (WHD) sponsored information                                                                            • Enhance the quality, utility, and
                                                                                                            information collection has been
                                                    collection request (ICR) revision titled,                                                                     clarity of the information to be
                                                                                                            classified as a revision, because of
                                                    ‘‘Special Employment Under the Fair                                                                           collected; and
                                                                                                            changes to Forms WH–226 and WH–
                                                    Labor Standards Act,’’ to the Office of                                                                         • Minimize the burden of the
                                                                                                            226A that relate to the authorization to
                                                    Management and Budget (OMB) for                                                                               collection of information on those who
                                                                                                            pay subminimum wages to workers with
                                                    review and approval for use in                                                                                are to respond, including through the
                                                                                                            disabilities. The changes will allow the
                                                    accordance with the Paperwork                                                                                 use of appropriate automated,
                                                                                                            WHD more effectively and efficiently to
                                                    Reduction Act (PRA) of 1995 (44 U.S.C.                                                                        electronic, mechanical, or other
                                                                                                            fulfill its statutory directive to oversee
                                                    3501 et seq.). Public comments on the                                                                         technological collection techniques or
                                                                                                            and enforce the FLSA section 14(c)
                                                    ICR are invited.                                                                                              other forms of information technology,
                                                                                                            certificate program, including the new
                                                    DATES: The OMB will consider all                        conditions introduced to section 14(c)                e.g., permitting electronic submission of
                                                    written comments that agency receives                   certificate holders pursuant to the                   responses.
                                                    on or before October 11, 2016.                          Workforce Innovation and Opportunity                    Agency: DOL–WHD.
                                                    ADDRESSES: A copy of this ICR with                      Act. FLSA sections 11 and 14 authorize                  Title of Collection: Special
                                                    applicable supporting documentation;                    this information collection. See 29                   Employment Under the Fair Labor
                                                    including a description of the likely                   U.S.C. 211, 214.                                      Standards Act.
                                                    respondents, proposed frequency of                         This information collection is subject               OMB Control Number: 1235–0001.
                                                    response, and estimated total burden                    to the PRA. A Federal agency generally                  Affected Public: Private Sector—
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                                                    may be obtained free of charge from the                 cannot conduct or sponsor a collection                businesses or other for-profits and not-
                                                    RegInfo.gov Web site at http://                         of information, and the public is                     for-profit institutions.
                                                    www.reginfo.gov/public/do/                              generally not required to respond to an                 Total Estimated Number of
                                                    PRAViewICR?ref_nbr=201510-1235-001                      information collection, unless it is                  Respondents: 338,107.
                                                    (this link will only become active on the               approved by the OMB under the PRA                       Total Estimated Number of
                                                    day following publication of this notice)               and displays a currently valid OMB                    Responses: 1,345,307.
                                                    or by contacting Michel Smyth by                        Control Number. In addition,                            Total Estimated Annual Time Burden:
                                                    telephone at 202–693–4129, TTY 202–                     notwithstanding any other provisions of               693,807 hours.


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                                                    62538                       Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

                                                      Total Estimated Annual Other Costs                    the quality, utility, and clarity of the              NATIONAL ARCHIVES AND RECORDS
                                                    Burden: $3,498.                                         information it collects; (d) ways NARA                ADMINISTRATION
                                                       Authority: 44 U.S.C. 3507(a)(1)(D).                  could minimize the burden on
                                                                                                                                                                  [NARA–2016–049]
                                                                                                            respondents of collecting the
                                                      Dated: September 2, 2016.                             information, including through
                                                    Michel Smyth,                                                                                                 Records Schedules; Availability and
                                                                                                            information technology; and (e) whether               Request for Comments
                                                    Departmental Clearance Officer.                         the collection affects small businesses.
                                                    [FR Doc. 2016–21723 Filed 9–8–16; 8:45 am]              In this notice, NARA solicits comments                AGENCY: National Archives and Records
                                                    BILLING CODE 4510–27–P                                  concerning the following information                  Administration (NARA).
                                                                                                            collection:                                           ACTION: Notice of availability of
                                                                                                              Title: Consent to Make Inquiries and                proposed records schedules; request for
                                                    NATIONAL ARCHIVES AND RECORDS                           Release of Information and Records.                   comments.
                                                    ADMINISTRATION                                            OMB number: 3095–0068.
                                                                                                              Agency Form Number: NA Form                         SUMMARY:   The National Archives and
                                                    [NARA–2016–050]                                         10003.                                                Records Administration (NARA)
                                                                                                              Type of Review: Regular.                            publishes notice at least once monthly
                                                    Agency Information Collection                             Affected Public: Individuals or                     of certain Federal agency requests for
                                                    Activities: Submission for OMB                          households, business or other for-profit,             records disposition authority (records
                                                    Review; Comment Request                                 not-for-profit institutions, and Federal              schedules). Once approved by NARA,
                                                    AGENCY: National Archives and Records                   Government.                                           records schedules provide mandatory
                                                    Administration (NARA).                                    Estimated Number of Respondents:                    instructions on what happens to records
                                                                                                            400.                                                  when agencies no longer need them for
                                                    ACTION: Notice.
                                                                                                              Estimated Time per Response: 2                      current Government business. The
                                                    SUMMARY:    NARA gives public notice                    minutes.                                              records schedules authorize agencies to
                                                    that it has submitted to OMB for                          Frequency of Response: On occasion.                 preserve records of continuing value in
                                                    approval the information collection                       Estimated Total Annual Burden                       the National Archives of the United
                                                    described in this notice. We invite you                 Hours: 13 hours.                                      States and to destroy, after a specified
                                                    to comment on the proposed                                Abstract: In order to fulfill its                   period, records lacking administrative,
                                                    information collection pursuant to the                  Government-wide statutory mission,                    legal, research, or other value. NARA
                                                    Paperwork Reduction Act of 1995.                        OGIS provides varying types of                        publishes notice in the Federal Register
                                                    DATES: OMB must receive written
                                                                                                            assistance to its customers, which                    for records schedules in which agencies
                                                                                                            requires communicating with                           propose to destroy records not
                                                    comments at the address below on or
                                                                                                            Government departments and agencies                   previously authorized for disposal or
                                                    before October 11, 2016.
                                                                                                            regarding the customer’s FOIA/Privacy                 reduce the retention period of records
                                                    ADDRESSES: Send comments to Mr.                                                                               already authorized for disposal. NARA
                                                                                                            Act request/appeal. Under the Privacy
                                                    Nicholas A. Fraser, desk officer for                    Act, the agencies may not share peoples’              invites public comments on such
                                                    NARA, by mail to Office of Management                   personal information without either a                 records schedules, as required by 44
                                                    and Budget; New Executive Office                        routine use that they inform people of                U.S.C. 3303a(a).
                                                    Building; Washington, DC 20503; fax to                  prior to gathering the information, or                DATES: NARA must receive requests for
                                                    202–395–5167; or by email to Nicholas_                  permission from the involved person.                  copies in writing by October 11, 2016.
                                                    A._Fraser@omb.eop.gov.                                  As a result, OGIS uses NA Form 10003                  Once NARA finishes appraising the
                                                    FOR FURTHER INFORMATION CONTACT:                        to collect that authorization and the                 records, we will send you a copy of the
                                                    Direct requests for additional                          identifying information necessary for                 schedule you requested. We usually
                                                    information or copies of the proposed                   the agency to identify the correct files so           prepare appraisal memoranda that
                                                    information collection and supporting                   that OGIS may provide the requested                   contain additional information
                                                    statement to Tamee Fechhelm by phone                    assistance. Without the information                   concerning the records covered by a
                                                    at 301–837–1694 or by fax at 301–713–                   submitted in NA Form 10003, OGIS                      proposed schedule. You may also
                                                    7409.                                                   would be unable to fulfill its mission or             request these. If you do, we will also
                                                    SUPPLEMENTARY INFORMATION: Pursuant                     provide assistance to requesters.                     provide them once we have completed
                                                    to the Paperwork Reduction Act of 1995                  Requesters use the NA Form 10003,                     the appraisal. You have 30 days after we
                                                    (Pub. L. 104–13), NARA invites the                      OGIS Consent to Make Inquiries and                    send to you these requested documents
                                                    public and other Federal agencies to                    Release of Information and Records, to                in which to submit comments.
                                                    comment on proposed information                         (1) request that OGIS make inquiries on               ADDRESSES: You may request a copy of
                                                    collections. We published a notice of                   their behalf and (2) authorize agencies               any records schedule identified in this
                                                    proposed collection for this information                to release records and information                    notice by contacting Records Appraisal
                                                    collection on June 21, 2016 (81 FR                      related to their FOIA and Privacy Act                 and Agency Assistance (ACRA) using
                                                    40353); we received no comments. We                     requests and appeals so that OGIS can                 one of the following means:
                                                    have therefore submitted the described                  assist in resolving the dispute or in                   Mail: NARA (ACRA); 8601 Adelphi
                                                    information collection to OMB for                       providing information to the requester.               Road; College Park, MD 20740–6001.
                                                    approval.                                               The authority for this information                      Email: request.schedule@nara.gov.
                                                       In response to this notice, comments                                                                         FAX: 301–837–3698.
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                                                                                                            collection is prescribed by 5 U.S.C.
                                                    and suggestions should address one or                   552a(b), and as interpreted by Taylor v.                You must cite the control number,
                                                    more of the following points: (a)                       Orr, No. 83–0389, 1983 U.S. Dist. LEXIS               which appears in parentheses after the
                                                    Whether the proposed information                        20334, at *6 n.6 (D.D.C. Dec. 5, 1983.                name of the agency that submitted the
                                                    collection is necessary for NARA to                                                                           schedule, and a mailing address. If you
                                                    properly perform its functions; (b)                     Swarnali Haldar,                                      would like an appraisal report, please
                                                    NARA’s estimate of the burden of the                    Executive for Information Services/CIO.               include that in your request.
                                                    proposed information collection and its                 [FR Doc. 2016–21691 Filed 9–8–16; 8:45 am]            FOR FURTHER INFORMATION CONTACT:
                                                    accuracy; (c) ways NARA could enhance                   BILLING CODE 7515–01–P                                Margaret Hawkins, Director, by mail at


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Document Created: 2018-02-09 13:15:20
Document Modified: 2018-02-09 13:15:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe OMB will consider all written comments that agency receives on or before October 11, 2016.
ContactContact 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]
FR Citation81 FR 62537 

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