81 FR 78861 - 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 81, Issue 217 (November 9, 2016)

Page Range		78861-78862
FR Document		2016-27013

The Department of Labor (DOL) is soliciting comments concerning a proposed extension and revision of 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 81 Issue 217 (Wednesday, November 9, 2016)

[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78861-78862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27013]


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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.

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SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension and revision of 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.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before January 9, 2017.

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: Robert Waterman, Compliance 
Specialist, 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). 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 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. 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). 
The Department of Labor (DOL) restricts homework in seven industries 
(i.e., knitted outwear, women's apparel, jewelry manufacturing, gloves 
and mittens, button and buckle manufacturing, and embroideries) to 
those employers who obtain certificates. See 29 CFR 530.1-.2. The DOL 
may also issue individual certificates in any industry for an 
individual homeworker who is unable to leave home because of a 
disability [or must remain at home to care for a person with a 
disability in the home.] See 29 CFR 530.3-.4. The DOL 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. Consistent with FLSA 
sections 11(d) and 14(c), the DOL's Wage and Hour Division (WHD) 
regulates the employment of industrial homeworkers and workers with 
disabilities covered by special certificates and governs the 
application and approval process for obtaining the certificates. Note 
that the Department proposes to revise this collection to allow for 
electronic submission of the data on the WH-226 and WH-226A. These 
forms are currently only available in paper form.
    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 not 
less than 85 percent of the applicable minimum wage or less than $1.60, 
whichever is higher, in (1) retail or service establishments and 
agriculture (29 U.S.C. 214(b)(1); 29 CFR 519.11(a)). 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 subminimum wage programs are designed 
to increase employment opportunities for full-time students.

[[Page 78862]]

Regulations issued by the DOL, Office of Apprenticeship no longer 
permit the payment of subminimum wages to apprentices in an approved 
program. 29 CFR 29.5(b)(5). Thus, the DOL has issued no apprentice 
certificates since 1987. However, the WHD must maintain the information 
collection in order for the agency to fulfill its statutory obligation 
under FLSA to maintain this program. This information collection is 
currently approved for use through May, 2017.
    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 extension and revision of this information collection in order to 
ensure effective administration of the government contract programs.
    Type of Review: Extension and 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.
    Total Respondents: 336,607.
    Total Annual Responses: 1,345,307.
    Estimated Total Burden Hours: 691,315.
    Estimated Time per Response: various.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $3,498.

    Dated: November 3, 2016.
Melissa Smith,
Director, Division of Regulations, Legislation and Interpretation.
[FR Doc. 2016-27013 Filed 11-8-16; 8:45 am]
BILLING CODE 4510-27-P

78862 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices

Regulations issued by the DOL, Office of Dated: November 3, 2016. representative. For those cases that are
Apprenticeship no longer permit the Melissa Smith, approved, 30 U.S.C. 901 of the Black
payment of subminimum wages to Director, Division of Regulations, Legislation Lung Benefits Act and 20 CFR 725.365–
apprentices in an approved program. 29 and Interpretation. 6 established standards for the
CFR 29.5(b)(5). Thus, the DOL has [FR Doc. 2016–27013 Filed 11–8–16; 8:45 am] information and documentation that
issued no apprentice certificates since BILLING CODE 4510–27–P must be submitted to the Program for
1987. However, the WHD must maintain review to approve a fee for services. The
the information collection in order for CM–972 is used to collect the pertinent
the agency to fulfill its statutory DEPARTMENT OF LABOR data to determine if the representative’s
obligation under FLSA to maintain this services and amounts charged can be
program. This information collection is Office of Workers’ Compensation paid under the Black Lung Act. This
currently approved for use through May, Programs information collection is currently
2017. approved for use through March 31,
Proposed Extension of Existing 2017.
II. Review Focus: The Department of
Collection; Comment Request II. Review Focus: The Department of
Labor is particularly interested in
comments which: AGENCY: Division of Coal Mine Workers’ Labor is particularly interested in
• Evaluate whether the proposed Compensation, Office of Workers’ comments which:
collection of information is necessary Compensation Programs, Department of * Evaluate whether the proposed
for the proper performance of the Labor. collection of information is necessary
functions of the agency, including ACTION: Notice. for the proper performance of the
whether the information will have functions of the agency, including
practical utility; SUMMARY: The Department of Labor, as whether the information will have
part of its continuing effort to reduce practical utility;
• Enhance the quality, utility, and
paperwork and respondent burden, * evaluate the accuracy of the
clarity of the information to be
conducts a pre-clearance consultation agency’s estimate of the burden of the
collected;
program to provide the general public proposed collection of information,
• Evaluate the accuracy of the and Federal agencies with an including the validity of the
agency’s estimate of the burden of the opportunity to comment on proposed methodology and assumptions used;
proposed collection of information, and/or continuing collections of * enhance the quality, utility and
including the validity of the information in accordance with the clarity of the information to be
methodology and assumptions used; Paperwork Reduction Act of 1995 collected; and
• Minimize the burden of the (PRA95). This program helps to ensure * minimize the burden of the
collection of information on those who that requested data can be provided in collection of information on those who
are to respond, including through the the desired format, reporting burden are to respond, including through the
use of appropriate automated, (time and financial resources) is use of appropriate automated,
electronic, mechanical, or other minimized, collection instruments are electronic, mechanical, or other
technological collection techniques or clearly understood, and the impact of technological collection techniques or
other forms of information technology, collection requirements on respondents other forms of information technology,
e.g., permitting electronic submissions can be properly assessed. Currently, the e.g., permitting electronic submissions
of responses. Office of Workers’ Compensation of responses.
III. Current Actions: The Department Programs is soliciting comments III. Current Actions: The Department
of Labor seeks an approval for the concerning the proposal to extend OMB of Labor seeks the approval for the
extension and revision of this approval of the information collection: extension of this currently-approved
information collection in order to Application for Approval of a information collection in order to gather
ensure effective administration of the Representative’s Fee in Black Lung information to determine the amounts of
government contract programs. Claim Proceedings Conducted by the Black Lung benefits paid to
Type of Review: Extension and U.S. Department of Labor (CM–972). A beneficiaries. Black Lung amounts are
Revision. copy of the proposed information reduced dollar for dollar, for other Black
Agency: Wage and Hour Division. collection request can be obtained by Lung related workers’ compensation
Title: Information Collections: contacting the office listed below in the awards the beneficiary may be receiving
Pertaining to Special Employment addresses section of this Notice. from State or Federal programs.
DATES: Written comments must be
Agency: Office of Workers’
Under the Fair Labor Standards Act.
submitted to the office listed in the Compensation Programs.
OMB Number: 1235–0001. Title: Application for Approval of a
Affected Public: Business or other for- addresses section below on or before
January 9, 2017. Representative’s Fee in Black Lung
profit, Not-for-profit institutions, Farms, Claim Proceedings Conducted by the
State, Local, or Tribal Government. ADDRESSES: Ms. Yoon Ferguson, U.S.
U.S. Department of Labor.
Total Respondents: 336,607. Department of Labor, 200 Constitution OMB Number: 1240–0011.
Total Annual Responses: 1,345,307. Ave. NW., Room S–3323, Washington, Agency Number: CM–972.
DC 20210, telephone/fax (202) 354– Affected Public: Business or other for-
Estimated Total Burden Hours: 9647, Email Ferguson.Yoon@dol.gov.
691,315. profit.
Please use only one method of
sradovich on DSK3GMQ082PROD with NOTICES

Estimated Time per Response: Total Respondents: 338.
transmission for comments (mail, fax, or Total Annual Responses: 338.
various. Email). Average Time per Response: 42
Frequency: On occasion. SUPPLEMENTARY INFORMATION: minutes.
Total Burden Cost (capital/startup): I. Background: Individuals filing for Estimated Total Burden Hours: 237.
$0. benefits under the Black Lung Benefits Frequency: On occasion.
Total Burden Cost (operation/ Act (BLBA) may elect to be represented Total Burden Cost (capital/startup):
maintenance): $3,498. or assisted by an attorney or other $0.

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Document Created: 2016-11-09 01:39:43
Document Modified: 2016-11-09 01:39:43

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		Robert Waterman, Compliance Specialist, 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). 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		81 FR 78861

81 FR 78861 - 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 81, Issue 217 (November 9, 2016)

DEPARTMENT OF LABOR
Wage and Hour Division