83 FR 29139 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Fair Labor Standards Act Special Employment Provisions

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 83, Issue 121 (June 22, 2018)

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

[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Page 29139]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13424]


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DEPARTMENT OF LABOR

Office of the Secretary


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

ACTION: Notice of availability; request for comments.

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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, ``Fair Labor Standards Act Special Employment Provisions,'' to 
the Office of Management and Budget (OMB) for review and approval for 
use in accordance with the Paperwork Reduction Act (PRA) of 1995. 
Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before July 23, 2018.

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 website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201711-1235-002 (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 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: 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 Fair Labor Standards Act (FLSA) Special Employment 
Provisions 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 
the Department proposes to revise forms WH-226 (Application for 
Authority to Employ Workers with Disabilities at Special Minimum Wages) 
and WH-226A (Supplemental Data Sheet for Application for Authority to 
Employ Workers with Disabilities at Special Minimum Wages). The 
proposed changes would provide an electronic platform the public may 
use to submit Forms WH-226 and WH-226A. The substance of the proposed 
electronic forms is substantially the same with minor word changes to 
accommodate the type of submission (electronic versus paper). FLSA 
sections 11(d) and 14(a) and 14(b) authorize this information 
collection. See 29 U.S.C. 211(d), 214(a), 214(b).
    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 December 31, 2019; 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 November 9, 2016 (82 FR 78861).
    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: Fair Labor Standards Act Special Employment 
Provisions.
    OMB Control Number: 1235-0001.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 336,607.
    Total Estimated Number of Responses: 1,345,357.
    Total Estimated Annual Time Burden: 693,807 hours.
    Total Estimated Annual Other Costs Burden: $2,482.

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

    Dated: June 18, 2018.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-13424 Filed 6-21-18; 8:45 am]
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