83_FR_29260 83 FR 29139 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Fair Labor Standards Act Special Employment Provisions

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)

Page Range29139-29139
FR Document2018-13424

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 Issue 121 (Friday, June 22, 2018)
[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.

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

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]
BILLING CODE 4510-27-P



                                                                               Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices                                                  29139

                                                 Comments submitted in response to                     comments by mail or courier to the U.S.                collection requirements submitted to the
                                               this Notice will be summarized and/or                   Department of Labor-OASAM, Office of                   OMB receive a month-to-month
                                               included in the request for Office of                   the Chief Information Officer, Attn:                   extension while they undergo review.
                                               Management and Budget approval of the                   Departmental Information Compliance                    New requirements would only take
                                               ICR; they will also become a matter of                  Management Program, Room N1301,                        effect upon OMB approval. For
                                               public record.                                          200 Constitution Avenue NW,                            additional substantive information
                                                 Signed: at Washington, DC, this 15th day              Washington, DC 20210; or by email:                     about this ICR, see the related notice
                                               of June 2018.                                           DOL_PRA_PUBLIC@dol.gov.                                published in the Federal Register on
                                               Jennifer Sheehy,                                        FOR FURTHER INFORMATION CONTACT:                       November 9, 2016 (82 FR 78861).
                                               Deputy Assistant Secretary, Office of                   Michel Smyth by telephone at 202–693–                     Interested parties are encouraged to
                                               Disability Employment Policy.                           4129, TTY 202–693–8064, (these are not                 send comments to the OMB, Office of
                                               [FR Doc. 2018–13437 Filed 6–21–18; 8:45 am]             toll-free numbers) or sending an email                 Information and Regulatory Affairs at
                                               BILLING CODE 4510–27–P                                  to DOL_PRA_PUBLIC@dol.gov.                             the address shown in the ADDRESSES
                                                                                                       SUPPLEMENTARY INFORMATION: This ICR                    section within thirty (30) days of
                                                                                                       seeks approval under the PRA for                       publication of this notice in the Federal
                                               DEPARTMENT OF LABOR                                     revisions to the Fair Labor Standards                  Register. In order to help ensure
                                                                                                       Act (FLSA) Special Employment                          appropriate consideration, comments
                                               Office of the Secretary                                 Provisions information collection. FLSA                should mention OMB Control Number
                                                                                                       special employment provisions relate to                1235–0001.
                                               Agency Information Collection
                                                                                                       restrictions on industrial homework and                  The OMB is particularly interested in
                                               Activities; Submission for OMB
                                                                                                       to the use of special certificates that                comments that:
                                               Review; Comment Request; Fair Labor
                                               Standards Act Special Employment                        allow for the employment of categories                   • Evaluate whether the proposed
                                               Provisions                                              of workers who may be paid less than                   collection of information is necessary
                                                                                                       the statutory minimum wage to the                      for the proper performance of the
                                               ACTION:Notice of availability; request                  extent necessary to prevent curtailment                functions of the agency, including
                                               for comments.                                           of their employment opportunities. This                whether the information will have
                                                                                                       information collection has been                        practical utility;
                                               SUMMARY:    The Department of Labor                     classified as a revision, because the                    • Evaluate the accuracy of the
                                               (DOL) is submitting the Wage and Hour                   Department proposes to revise forms                    agency’s estimate of the burden of the
                                               Division (WHD) sponsored information                    WH–226 (Application for Authority to                   proposed collection of information,
                                               collection request (ICR) revision titled,               Employ Workers with Disabilities at                    including the validity of the
                                               ‘‘Fair Labor Standards Act Special                      Special Minimum Wages) and WH–                         methodology and assumptions used;
                                               Employment Provisions,’’ to the Office                  226A (Supplemental Data Sheet for                        • Enhance the quality, utility, and
                                               of Management and Budget (OMB) for                      Application for Authority to Employ                    clarity of the information to be
                                               review and approval for use in                          Workers with Disabilities at Special                   collected; and
                                               accordance with the Paperwork                           Minimum Wages). The proposed                             • Minimize the burden of the
                                               Reduction Act (PRA) of 1995. Public                     changes would provide an electronic                    collection of information on those who
                                               comments on the ICR are invited.                        platform the public may use to submit                  are to respond, including through the
                                               DATES: The OMB will consider all                        Forms WH–226 and WH–226A. The                          use of appropriate automated,
                                               written comments that agency receives                   substance of the proposed electronic                   electronic, mechanical, or other
                                               on or before July 23, 2018.                             forms is substantially the same with                   technological collection techniques or
                                               ADDRESSES: A copy of this ICR with                      minor word changes to accommodate                      other forms of information technology,
                                               applicable supporting documentation;                    the type of submission (electronic                     e.g., permitting electronic submission of
                                               including a description of the likely                   versus paper). FLSA sections 11(d) and                 responses.
                                               respondents, proposed frequency of                      14(a) and 14(b) authorize this                           Agency: DOL–WHD.
                                               response, and estimated total burden                    information collection. See 29 U.S.C.
                                                                                                                                                                Title of Collection: Fair Labor
                                               may be obtained free of charge from the                 211(d), 214(a), 214(b).
                                                                                                                                                              Standards Act Special Employment
                                               RegInfo.gov website at http://                             This information collection is subject
                                                                                                                                                              Provisions.
                                               www.reginfo.gov/public/do/PRAView                       to the PRA. A Federal agency generally
                                                                                                       cannot conduct or sponsor a collection                   OMB Control Number: 1235–0001.
                                               ICR?ref_nbr=201711-1235-002 (this link
                                               will only become active on the day                      of information, and the public is                        Affected Public: Private Sector—
                                               following publication of this notice) or                generally not required to respond to an                businesses or other for-profits and not-
                                               by contacting Michel Smyth by                           information collection, unless it is                   for-profit institutions.
                                               telephone at 202–693–4129, TTY 202–                     approved by the OMB under the PRA                        Total Estimated Number of
                                               693–8064, (these are not toll-free                      and displays a currently valid OMB                     Respondents: 336,607.
                                               numbers) or sending an email to DOL_                    Control Number. In addition,                             Total Estimated Number of
                                               PRA_PUBLIC@dol.gov.                                     notwithstanding any other provisions of                Responses: 1,345,357.
                                                  Submit comments about this request                   law, no person shall generally be subject                Total Estimated Annual Time Burden:
                                               by mail to the Office of Information and                to penalty for failing to comply with a                693,807 hours.
                                               Regulatory Affairs, Attn: OMB Desk                      collection of information that does not                  Total Estimated Annual Other Costs
                                               Officer for DOL–WHD, Office of                          display a valid Control Number. See 5                  Burden: $2,482.
daltland on DSKBBV9HB2PROD with NOTICES




                                               Management and Budget, Room 10235,                      CFR 1320.5(a) and 1320.6. The DOL                        Authority: 44 U.S.C. 3507(a)(1)(D).
                                               725 17th Street NW, Washington, DC                      obtains OMB approval for this
                                               20503; by Fax: 202–395–5806 (this is                    information collection under Control                     Dated: June 18, 2018.
                                               not a toll-free number); or by email:                   Number 1235–0001. The current                          Michel Smyth,
                                               OIRA_submission@omb.eop.gov.                            approval is scheduled to expire on                     Departmental Clearance Officer.
                                               Commenters are encouraged, but not                      December 31, 2019; however, the DOL                    [FR Doc. 2018–13424 Filed 6–21–18; 8:45 am]
                                               required, to send a courtesy copy of any                notes that existing information                        BILLING CODE 4510–27–P




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Document Created: 2018-11-06 09:50:20
Document Modified: 2018-11-06 09:50:20
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 of availability; request for comments.
DatesThe OMB will consider all written comments that agency receives on or before July 23, 2018.
ContactMichel 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 Citation83 FR 29139 

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