Proposed Information Collection Request (ICR) for the Family Medical Leave Act (FMLA) Employee and Employer Surveys; Comment Request, 18254-18255 [2011-7345]
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18254
Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices
DEPARTMENT OF LABOR
Proposed Information Collection
Request (ICR) for the Family Medical
Leave Act (FMLA) Employee and
Employer Surveys; Comment Request
AGENCY:
Wage and Hour Division,
Labor.
ACTION:
Notice.
The Department of Labor
(Department or DOL), 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) [44
U.S.C. 3506(c)(2)(A)]. This program
helps to ensure that required 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.
The Department is soliciting comments
concerning its proposal to collect
information on employees’ and
employers’ experience with family and
medical leave under the Family Medical
Leave Act. A copy of the proposed ICR
can be obtained by contacting the office
listed below in the addressee section of
this notice.
DATES: Written comments must be
received by the office listed in the
addressee section below on or before
May 31, 2011.
ADDRESSES: You may submit comments
identified by [RIN or some other
identifier] by either one of the following
methods: E-mail
WHDPRAComments@dol.gov; 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 [RIN or some other
identifier] 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 e-mail or to submit
them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will be summarized and/
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
20:09 Mar 31, 2011
Jkt 223001
or included in the request for OMB
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Mary Ziegler, Director, 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 (this is not a tollfree number). TTY/TTD callers may dial
toll-free (877) 889–5627 to obtain
information or to request materials in
alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: Given changes in
economic conditions and the Family
and Medical Leave Act (FMLA)
regulations since the 2000 employee
and employer surveys, the Wage and
Hour Division (WHD) of the U.S.
Department of Labor needs to collect
new information on the use and need of
FMLA leave in order to update DOL’s
understanding of leave-taking behavior
and to close current data gaps remaining
from the previous surveys. To better
understand both employees’ and
employers’ experience with FMLA, two
new surveys will be conducted to
collect information about the need for
and the experience with family and
medical leave from employees’ and
employers’ perspectives. This study will
help the Department by providing
information on current workplace
policies and practices related to family
and medical leave. An in-depth analysis
of private sector FMLA policies allows
WHD to determine how those policies
affect the work-life balance of workers
and the productivity and work flow of
employers. The study enables DOL to
shape future regulatory options, craft
interpretive guidance (such as plainlanguage fact sheets), develop
compliance programs (employer
outreach and investigation policies),
and establish regulatory priorities based
on sound, current data rather than on
outdated data or anecdotal information.
Finally, the study provides a data set by
which DOL can evaluate the effect on
employer compliance of a range of
FMLA activities—regulatory,
educational, investigative, and legal—on
employer compliance.
Two previous FMLA surveys have
been conducted. The first FMLA study,
in which workers and employers were
surveyed to learn about family and
medical leave policies and their effect
on workers and their employers, was
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
conducted in 1995 by the bipartisan
Commission on Family and Medical
Leave. The final report on this survey,
titled ‘‘A Workable Balance: Report to
Congress on Family and Medical Leave
Policies,’’ is available online at https://
www.dol.gov/whd/fmla/1995Report/
family.htm. The second study was
conducted in 2000 by Westat at the
request of the Department. The Westat
study updated the 1995 data by
administering employee and employer
surveys similar to the 1995 surveys. The
second study entitled ‘‘Balancing the
Needs of Families and Employers:
Family and Medical Leave Surveys,
2000 Update’’ is available on the
Department’s website at https://
www.dol.gov/whd/fmla/toc.htm. An
additional source of information came
from the Department’s Request for
Information (RFI) issued on December 1,
2006. The RFI asked the public to
comment on their experiences with, and
observations of, the Department’s
administration of the law and the
effectiveness of the regulations. The
qualitative data obtained provided a
detailed anecdotal picture of the
workings of the FMLA.
The period for conducting this study
is expected to last no later than January
14, 2012.
II. Desired Focus of Comments:
Currently, the Department of Labor is
soliciting comments concerning the
above data collection for the FMLA
Employee and Employer Surveys.
Comments are requested 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;
* Enhance the quality, utility, and
clarity of the information to be
collected; and
* Minimize the burden of the
information collection on those who
are to respond, including 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: At this time, the
Department is requesting clearance for
an employer and employee survey
focusing on the Family Medical Leave
Act of 1993.
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices
Type of review: New information
collection request.
OMB Number: None.
Affected Public: Private sector, public
sector, individuals, and households.
For the FMLA Employee survey:
Frequency: Once.
Total Responses: 3,000 respondents.
Average Time per Response: 26
minutes.
Estimated Total Burden Hours: 1,292
hours.
Total Burden Cost: $0.
For the FMLA Employer Survey:
Frequency: Once.
Total Responses: 1800 firms.
Average Time per Response: 36
minutes.
Estimated Total Burden Hours: 2164
hours.
Total Burden Cost: $0.
Note that, due to rounding, the
numbers for the totals may differ from
the sum of the component numbers.
Comments submitted in response to
this request will be summarized and/or
included in the request for Office of
Management and Budget approval; they
will also become a matter of public
record.
Signed at Washington, DC, this 23rd day of
March 2011.
Mary Ziegler,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2011–7345 Filed 3–28–11; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
[Application Number D–11221]
ZRIN 1210–ZA09
Amendment to Prohibited Transaction
Exemption (PTE) 96–23 for Plan Asset
Transactions Determined by In-House
Asset Managers
Employee Benefits Security
Administration, Labor.
ACTION: Adoption of amendment to PTE
96–23.
AGENCY:
This document amends PTE
96–23, a class exemption that permits
various transactions involving employee
benefit plans whose assets are managed
by in-house asset managers (INHAMs),
provided the conditions of the
exemption are met. The amendment
affects participants and beneficiaries of
employee benefit plans, the sponsoring
employers of such plans, INHAMs, and
other persons engaging in the described
transactions.
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
20:09 Mar 31, 2011
Jkt 223001
The amendment is effective
April 1, 2011, unless specified
otherwise.
DATES:
FOR FURTHER INFORMATION CONTACT:
Chris Motta, Office of Exemption
Determinations, Employee Benefits
Security Administration, U.S.
Department of Labor, Room N–5700,
200 Constitution Avenue NW.,
Washington DC 20210, (202) 693–8540
(not a toll-free number).
SUPPLEMENTARY INFORMATION: On June
14, 2010, a notice was published in the
Federal Register (75 FR 33642) of the
pendency before the Department of
Labor (the Department) of a proposed
amendment to PTE 96–23 (61 FR 15975,
April 10, 1996). PTE 96–23 provides an
exemption from certain restrictions of
sections 406 and 407(a) of ERISA, and
from certain taxes imposed by section
4975(a) and (b) of the Code, by reason
of section 4975(c)(1) of the Code. The
Department proposed the amendment
on its own motion, pursuant to section
408(a) of ERISA and section 4975(c)(2)
of the Code, and in accordance with the
procedures set forth in 29 CFR part
2570, subpart B (55 FR 32836, 32847,
August 10, 1990).1
Description of the Proposed
Amendment
In the Notice published on June 14,
2010, the Department proposed to
amend PTE 96–23 in several respects,
including: Expanding the definition of
INHAM to include a subsidiary that is
80% or more owned by the employer or
parent company; broadening the scope
of Part I(e) of the class exemption to
permit transactions with a ‘‘co-joint
venturer’’ if the joint venture
relationship is the entity’s sole
relationship to the employer (or if the
co-joint venturer is both a joint venturer
and a service provider); and extending
relief to certain existing leases with an
employer or an affiliate resulting from
the plan’s acquisition of the underlying
office or commercial space. In the
Notice, the Department further proposed
to: Increase the 5% ownership threshold
for related persons (the ‘‘related’’ to test)
to 10%, and increase the amount of
assets that must be managed by an
INHAM, from $50 million to $85
million.
1 Section 102 of the Reorganization Plan No. 4 of
1978, 5 U.S.C. App. at 214 (2000 ed.), generally
transferred the authority of the Secretary of the
Treasury to issue administrative exemptions under
section 4975(c)(2) of the Code to the Secretary of
Labor.
For purposes of this exemption, references to
specific provisions of Title I of the Act, unless
otherwise specified, refer also to the corresponding
provisions of the Code.
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
18255
In the Notice, the Department also
offered several clarifications. The
Department explained that PTE 96–23:
provides relief for an INHAM to act on
behalf of its own plan; does not allow
an INHAM to direct a QPAM to
negotiate specific terms of a deal that
has already been generally agreed upon
by the INHAM or an employer; and may
be available for a continuing transaction
(e.g., a loan or lease), notwithstanding a
failure to satisfy one or more of the
conditions of the exemption after the
transaction is entered into. The Notice
also amends the exemption in
accordance with the Department’s views
and expectations regarding the class
exemption’s audit and written report
requirements. For a more complete
discussion of the changes made to the
original exemption, see the notice of
pendency.
The notice of pendency gave
interested persons sixty days (the
comment period) to comment on the
proposed amendment. While the
Department did not receive any formal
comments within the comment period,
the Department was informally
contacted and informed that some
INHAMs may benefit to the extent the
changes proposed for Part I(e) are made
retroactive to the original effective date
of PTE 96–23 (i.e., April 10, 1996). The
Department, after having concluded that
the amendment to Part I(e) is
sufficiently protective of plans on a
prospective basis, believes that such
conclusion is similarly applicable to a
decision in favor of amending Part I(e)
on a retroactive basis.
Accordingly, the Department has
determined to make the amendment to
Part I(e) retroactive to April 10, 1996. As
noted above, the proposed amendment
sets forth the Department’s views and
expectations regarding the exemption
audit and written report. Among other
things, section I(h) of the class
exemption now requires that the
exemption audit and written report
must be completed within six months
following the end of the year to which
the audit relates. To remove any
uncertainty regarding the completion
date of the first exemption audit and
written report performed after the
adoption of this amendment, the
Department has determined to make the
amended section I(h) effective as of
December 31, 2011. Accordingly, for an
INHAM that operates on a calendar year
basis, the exemption audit and written
report attributable to the INHAM’s 2011
calendar year must be completed by
June 30, 2012. Where an INHAM
operates on a fiscal year basis, and such
fiscal year begins after January 1, 2011
(e.g. April 1, 2011), the exemption audit
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18254-18255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7345]
[[Page 18254]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Proposed Information Collection Request (ICR) for the Family
Medical Leave Act (FMLA) Employee and Employer Surveys; Comment Request
AGENCY: Wage and Hour Division, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department or DOL), 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) [44 U.S.C. 3506(c)(2)(A)]. This program
helps to ensure that required 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. The
Department is soliciting comments concerning its proposal to collect
information on employees' and employers' experience with family and
medical leave under the Family Medical Leave Act. A copy of the
proposed ICR can be obtained by contacting the office listed below in
the addressee section of this notice.
DATES: Written comments must be received by the office listed in the
addressee section below on or before May 31, 2011.
ADDRESSES: You may submit comments identified by [RIN or some other
identifier] by either one of the following methods: E-mail
WHDPRAComments@dol.gov; 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 [RIN
or some other identifier] 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 e-mail or to submit them by
mail early. Comments, including any personal information provided,
become a matter of public record. They will be summarized and/or
included in the request for OMB approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, 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 (this is not a toll-free number). TTY/TTD callers may
dial toll-free (877) 889-5627 to obtain information or to request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: Given changes in economic conditions and the Family
and Medical Leave Act (FMLA) regulations since the 2000 employee and
employer surveys, the Wage and Hour Division (WHD) of the U.S.
Department of Labor needs to collect new information on the use and
need of FMLA leave in order to update DOL's understanding of leave-
taking behavior and to close current data gaps remaining from the
previous surveys. To better understand both employees' and employers'
experience with FMLA, two new surveys will be conducted to collect
information about the need for and the experience with family and
medical leave from employees' and employers' perspectives. This study
will help the Department by providing information on current workplace
policies and practices related to family and medical leave. An in-depth
analysis of private sector FMLA policies allows WHD to determine how
those policies affect the work-life balance of workers and the
productivity and work flow of employers. The study enables DOL to shape
future regulatory options, craft interpretive guidance (such as plain-
language fact sheets), develop compliance programs (employer outreach
and investigation policies), and establish regulatory priorities based
on sound, current data rather than on outdated data or anecdotal
information. Finally, the study provides a data set by which DOL can
evaluate the effect on employer compliance of a range of FMLA
activities--regulatory, educational, investigative, and legal--on
employer compliance.
Two previous FMLA surveys have been conducted. The first FMLA
study, in which workers and employers were surveyed to learn about
family and medical leave policies and their effect on workers and their
employers, was conducted in 1995 by the bipartisan Commission on Family
and Medical Leave. The final report on this survey, titled ``A Workable
Balance: Report to Congress on Family and Medical Leave Policies,'' is
available online at https://www.dol.gov/whd/fmla/1995Report/family.htm.
The second study was conducted in 2000 by Westat at the request of the
Department. The Westat study updated the 1995 data by administering
employee and employer surveys similar to the 1995 surveys. The second
study entitled ``Balancing the Needs of Families and Employers: Family
and Medical Leave Surveys, 2000 Update'' is available on the
Department's website at https://www.dol.gov/whd/fmla/toc.htm. An
additional source of information came from the Department's Request for
Information (RFI) issued on December 1, 2006. The RFI asked the public
to comment on their experiences with, and observations of, the
Department's administration of the law and the effectiveness of the
regulations. The qualitative data obtained provided a detailed
anecdotal picture of the workings of the FMLA.
The period for conducting this study is expected to last no later
than January 14, 2012.
II. Desired Focus of Comments: Currently, the Department of Labor
is soliciting comments concerning the above data collection for the
FMLA Employee and Employer Surveys. Comments are requested 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;
* Enhance the quality, utility, and clarity of the information to be
collected; and
* Minimize the burden of the information collection on those who are to
respond, including 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: At this time, the Department is requesting
clearance for an employer and employee survey focusing on the Family
Medical Leave Act of 1993.
[[Page 18255]]
Type of review: New information collection request.
OMB Number: None.
Affected Public: Private sector, public sector, individuals, and
households.
For the FMLA Employee survey:
Frequency: Once.
Total Responses: 3,000 respondents.
Average Time per Response: 26 minutes.
Estimated Total Burden Hours: 1,292 hours.
Total Burden Cost: $0.
For the FMLA Employer Survey:
Frequency: Once.
Total Responses: 1800 firms.
Average Time per Response: 36 minutes.
Estimated Total Burden Hours: 2164 hours.
Total Burden Cost: $0.
Note that, due to rounding, the numbers for the totals may differ
from the sum of the component numbers.
Comments submitted in response to this request will be summarized
and/or included in the request for Office of Management and Budget
approval; they will also become a matter of public record.
Signed at Washington, DC, this 23rd day of March 2011.
Mary Ziegler,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2011-7345 Filed 3-28-11; 8:45 am]
BILLING CODE 4510-27-P
