82_FR_23711 82 FR 23613 - Agency Information Collection Activities; Comment Request; Information Collections: Requirements of a Bona Fide Thrift or Savings Plan (29 CFR Part 547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust (29 CFR Part 549)

82 FR 23613 - Agency Information Collection Activities; Comment Request; Information Collections: Requirements of a Bona Fide Thrift or Savings Plan (29 CFR Part 547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust (29 CFR Part 549)

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23613-23613
FR Document2017-10492

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust. A copy of the proposed information request may be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Page 23613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10492]



[[Page 23613]]

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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Requirements of a Bona Fide Thrift or Savings 
Plan (29 CFR Part 547) and Requirements of a Bona Fide Profit-Sharing 
Plan or Trust (29 CFR Part 549)

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95). 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. Currently, the Wage and Hour Division is 
soliciting comments concerning its proposal to extend Office of 
Management and Budget (OMB) approval of the Information Collection: 
Requirements of a Bona Fide Thrift or Savings Plan and Requirements of 
a Bona Fide Profit-Sharing Plan or Trust. A copy of the proposed 
information request may 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 July 24, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0013, 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 OMB approval of the information collection 
request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance 
Specialist, Division of Regulations, Legislation, and Interpretation, 
Wage and Hour, 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

    Section 7(e)(3)(b) of the Fair Labor Standards Act permits the 
exclusion from an employee's regular rate of pay, payments on behalf of 
an employee to a ``bona fide'' thrift or savings plan, profit-sharing 
plan or trust. Regulations, 29 CFR parts 547 and 549 set forth the 
requirements for what constitutes a ``bona fide'' thrift or savings 
plan, profit-sharing plan or trust. The maintenance of the records 
required by the regulations enables Department of Labor investigators 
to determine whether contributions to a given thrift or savings plan, 
profit-sharing plan or trust may be excluded in calculating the regular 
rate of pay for overtime purposes in compliance with section 7(e)(3)(b) 
of the FLSA. Without these records, such a determination could not be 
made. This information collection is currently approved for use through 
February 2018.

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;
     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 DOL seeks an approval for the extension of this information 
collection that requires the keeping of records by employers as 
necessary or appropriate for the administration of the Act.
    Type of Review: Extension without change of a currently approved 
collection.
    Agency: Wage and Hour Division.
    Title: Requirements of a Bona Fide Thrift or Savings Plan (29 CFR 
part 547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust 
(29 CFR part 549).
    OMB Control Number: 1235-0013.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Total Respondents: 1,110,448.
    Total Annual Responses: 1,110,448.
    Estimated Total Burden Hours: 463.
    Estimated Time per Response: 2 seconds.
    Frequency: Annually.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $0.

    Dated: May 5, 2017.
Melissa Smith,
Director, Division of Regulation, Legislation, and Interpretation.
[FR Doc. 2017-10492 Filed 5-22-17; 8:45 am]
 BILLING CODE 4510-27-P



                                                                               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                                   23613

                                                DEPARTMENT OF LABOR                                     electronically via email or to submit                 are to respond, including through the
                                                                                                        them by mail early. Comments,                         use of appropriate automated,
                                                Wage and Hour Division                                  including any personal information                    electronic, mechanical, or other
                                                                                                        provided, become a matter of public                   technological collection techniques or
                                                Agency Information Collection                           record. They will also be summarized                  other forms of information technology,
                                                Activities; Comment Request;                            and/or included in the request for OMB                e.g., permitting electronic submissions
                                                Information Collections: Requirements                   approval of the information collection                of responses.
                                                of a Bona Fide Thrift or Savings Plan                   request.
                                                (29 CFR Part 547) and Requirements of                                                                         III. Current Actions
                                                a Bona Fide Profit-Sharing Plan or                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                The DOL seeks an approval for the
                                                Trust (29 CFR Part 549)                                 Robert Waterman, Compliance
                                                                                                                                                              extension of this information collection
                                                                                                        Specialist, Division of Regulations,
                                                AGENCY: Wage and Hour Division,                                                                               that requires the keeping of records by
                                                                                                        Legislation, and Interpretation, Wage
                                                Department of Labor.                                                                                          employers as necessary or appropriate
                                                                                                        and Hour, U.S. Department of Labor,
                                                ACTION: Notice.
                                                                                                                                                              for the administration of the Act.
                                                                                                        Room S–3502, 200 Constitution Avenue
                                                                                                                                                                Type of Review: Extension without
                                                                                                        NW., Washington, DC 20210; telephone:
                                                SUMMARY:    The Department of Labor, as                                                                       change of a currently approved
                                                                                                        (202) 693–0406 (this is not a toll-free
                                                part of its continuing effort to reduce                                                                       collection.
                                                                                                        number). Copies of this notice may be
                                                paperwork and respondent burden,                                                                                Agency: Wage and Hour Division.
                                                                                                        obtained in alternative formats (Large                  Title: Requirements of a Bona Fide
                                                conducts a preclearance consultation                    Print, Braille, Audio Tape, or Disc),
                                                program to provide the general public                                                                         Thrift or Savings Plan (29 CFR part 547)
                                                                                                        upon request, by calling (202) 693–0023               and Requirements of a Bona Fide Profit-
                                                and Federal agencies with an                            (not a toll-free number). TTY/TTD
                                                opportunity to comment on proposed                                                                            Sharing Plan or Trust (29 CFR part 549).
                                                                                                        callers may dial toll-free (877) 889–5627               OMB Control Number: 1235–0013.
                                                and/or continuing collections of                        to obtain information or request
                                                information in accordance with the                                                                              Affected Public: Business or other for-
                                                                                                        materials in alternative formats.                     profit, Not-for-profit institutions, Farms.
                                                Paperwork Reduction Act of 1995
                                                                                                        SUPPLEMENTARY INFORMATION:                              Total Respondents: 1,110,448.
                                                (PRA95). This program helps to ensure
                                                that requested data can be provided in                  I. Background                                           Total Annual Responses: 1,110,448.
                                                the desired format, reporting burden                                                                            Estimated Total Burden Hours: 463.
                                                                                                           Section 7(e)(3)(b) of the Fair Labor                 Estimated Time per Response: 2
                                                (time and financial resources) is
                                                                                                        Standards Act permits the exclusion                   seconds.
                                                minimized, collection instruments are
                                                                                                        from an employee’s regular rate of pay,                 Frequency: Annually.
                                                clearly understood, and the impact of
                                                                                                        payments on behalf of an employee to                    Total Burden Cost (capital/startup):
                                                collection requirements on respondents
                                                                                                        a ‘‘bona fide’’ thrift or savings plan,               $0.
                                                can be properly assessed. Currently, the
                                                                                                        profit-sharing plan or trust. Regulations,              Total Burden Costs (operation/
                                                Wage and Hour Division is soliciting
                                                                                                        29 CFR parts 547 and 549 set forth the                maintenance): $0.
                                                comments concerning its proposal to
                                                                                                        requirements for what constitutes a
                                                extend Office of Management and                                                                                 Dated: May 5, 2017.
                                                                                                        ‘‘bona fide’’ thrift or savings plan, profit-
                                                Budget (OMB) approval of the                                                                                  Melissa Smith,
                                                                                                        sharing plan or trust. The maintenance
                                                Information Collection: Requirements of                                                                       Director, Division of Regulation, Legislation,
                                                                                                        of the records required by the
                                                a Bona Fide Thrift or Savings Plan and                                                                        and Interpretation.
                                                                                                        regulations enables Department of Labor
                                                Requirements of a Bona Fide Profit-                                                                           [FR Doc. 2017–10492 Filed 5–22–17; 8:45 am]
                                                                                                        investigators to determine whether
                                                Sharing Plan or Trust. A copy of the
                                                                                                        contributions to a given thrift or savings            BILLING CODE 4510–27–P
                                                proposed information request may be
                                                                                                        plan, profit-sharing plan or trust may be
                                                obtained by contacting the office listed
                                                                                                        excluded in calculating the regular rate
                                                below in the FOR FURTHER INFORMATION                                                                          DEPARTMENT OF LABOR
                                                                                                        of pay for overtime purposes in
                                                CONTACT section of this Notice.
                                                                                                        compliance with section 7(e)(3)(b) of the
                                                DATES: Written comments must be                                                                               Office of Workers’ Compensation
                                                                                                        FLSA. Without these records, such a
                                                submitted to the office listed in the                                                                         Programs
                                                                                                        determination could not be made. This
                                                ADDRESSES section below on or before                    information collection is currently
                                                July 24, 2017.                                                                                                Proposed Extension of Existing
                                                                                                        approved for use through February                     Collection; Comment Request
                                                ADDRESSES: You may submit comments                      2018.
                                                identified by Control Number 1235–                                                                            AGENCY: Division of Federal Employees’
                                                0013, by either one of the following                    II. Review Focus                                      Compensation, Office of Workers’
                                                methods: Email: WHDPRAComments@                           The Department of Labor is                          Compensation Programs, Department of
                                                dol.gov; Mail, Hand Delivery, Courier:                  particularly interested in comments                   Labor.
                                                Division of Regulations, Legislation, and               which:                                                ACTION: Notice.
                                                Interpretation, Wage and Hour, U.S.                       • Evaluate whether the proposed
                                                Department of Labor, Room S–3502, 200                   collection of information is necessary                SUMMARY:    The Department of Labor, as
                                                Constitution Avenue NW., Washington,                    for the proper performance of the                     part of its continuing effort to reduce
                                                DC 20210. Instructions: Please submit                   functions of the agency, including                    paperwork and respondent burden,
                                                one copy of your comments by only one                   whether the information will have                     conducts a preclearance consultation
                                                method. All submissions received must                                                                         program to provide the general public
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        practical utility;
                                                include the agency name and Control                       • Evaluate the accuracy of the                      and Federal agencies with an
                                                Number identified above for this                        agency’s estimate of the burden of the                opportunity to comment on proposed
                                                information collection. Because we                      proposed collection of information,                   and/or continuing collections of
                                                continue to experience delays in                        including the validity of the                         information in accordance with the
                                                receiving mail in the Washington, DC                    methodology and assumptions used;                     Paperwork Reduction Act of 1995
                                                area, commenters are strongly                             • Minimize the burden of the                        (PRA95). This program helps to ensure
                                                encouraged to transmit their comments                   collection of information on those who                that requested data can be provided in


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Document Created: 2017-05-23 02:14:38
Document Modified: 2017-05-23 02:14:38
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.
DatesWritten comments must be submitted to the office listed in the
ContactRobert Waterman, Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour, 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 Citation82 FR 23613 

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