Application of the Fair Labor Standards Act to Domestic Service, 14688-14689 [2012-6136]

Download as PDF 14688 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations encouraged to provide information on any ancillary matters that may have a bearing on validity or infringement. (c) Denial for refusal to provide information. In the course of investigating a claim, it may become necessary for NASA to request information in the control and custody of the claimant that is relevant to the disposition of the claim. Failure of the claimant to respond to a request for such information shall be sufficient reason alone for denying a claim. § 1245.203 Incomplete notice of infringement. (a) If a communication alleging patent infringement or copyright infringement is received that does not meet the requirements set forth in § 1245.202(a), the sender shall be advised in writing by the Agency Counsel for Intellectual Property: (1) That the claim for infringement has not been satisfactorily presented; and (2) Of the elements necessary to establish a claim. (b) A communication, in which no infringement is alleged in accordance with § 1245.202(a), such as a mere proffer of a license, shall not be considered a claim for infringement. § 1245.204 Indirect notice of infringement. A communication by a patent or copyright owner to addressees other than those specified in § 1245.202(a), such as NASA contractors, including contractors operating Governmentowned facilities, alleging that acts of infringement have occurred in the performance of a Government contract, grant, or other arrangement, shall not be considered a claim within the meaning of § 1245.202(a) until such communication meets the requirements specified therein. srobinson on DSK4SPTVN1PROD with RULES § 1245.205 claims. Processing of administrative (a) Filing and forwarding of claims. All communications regarding claims should be addressed to: Agency Counsel for Intellectual Property, Office of the General Counsel, National Aeronautics and Space Administration, Washington, DC 20546–0001. If any communication relating to a claim or possible claim of patent or copyright infringement is received by an agency, organization, office, or field installation within NASA, it shall be forwarded to the Agency Counsel for Intellectual Property. (b) Disposition and notification. The General Counsel, or designee, shall investigate and administratively settle, deny, or otherwise dispose of each VerDate Mar<15>2010 17:06 Mar 12, 2012 Jkt 226001 claim. When a claim is denied, the Agency shall so notify the claimant or the claimant’s authorized representative and provide the claimant with the reasons for denying the claim. Disclosure of information shall be subject to applicable statutes, regulations, and directives pertaining to security, access to official records, and the rights of others. (c) Termination of claims. If, while an administrative claim for patent or copyright infringement is pending against NASA, the claimant brings suit for patent or copyright infringement against the United States in the Court of Federal Claims based on the same facts or transactions as the administrative claim, the administrative claim shall thereupon be automatically dismissed, with no further action being required of NASA. Charles F. Bolden, Jr., Administrator. [FR Doc. 2012–6047 Filed 3–12–12; 8:45 am] BILLING CODE P DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 552 RIN 1235–AA05 Application of the Fair Labor Standards Act to Domestic Service AGENCY: Wage and Hour Division, Labor. ACTION: Extension of comment period. This document extends the period for filing written comments until March 21, 2012 on the proposed revisions to the Application of the Fair Labor Standards Act to Domestic Service. On February 24, 2012, the Department published a document extending the comment period for the proposed revisions published on December 27, 2011 by an additional 14 days. This document further extends the comment period to March 21, 2012. The Department of Labor (Department) is taking this action in order to provide interested parties additional time to submit comments. DATES: The agency must receive comments on or before March 21, 2012. The period for public comments, which was to close on March 12, 2012, will be extended to March 21, 2012. ADDRESSES: You may submit comments, identified by RIN 1235–AA05, by either one of the following methods: Electronic comments: through the Federal eRulemaking Portal: http:// SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 www.regulations.gov. Follow the instructions for submitting comments. Mail: Mary Ziegler, Director, 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. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name (Wage and Hour Division) and Regulatory Information Number identified above for this rulemaking (1235–AA05). All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Consequently, prior to including any individual’s personal information such as Social Security Number, home address, telephone number, email addresses and medical data in a comment, the Department urges commenters carefully to consider that their submissions are a matter of public record and will be publicly accessible on the Internet. It is the commenter’s responsibility to safeguard his or her information. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via the Federal eRulemaking Portal at http:// www.regulations.gov or to submit them by mail early. For additional information on submitting comments and the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S– 3510, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll free number). Copies of this notice of proposed rulemaking may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693–0023. TTY/TDD callers may dial toll-free (877) 889–5627 to obtain information or request materials in alternative formats. Questions of interpretation and/or enforcement of regulations issued by this agency or referenced in this document may be directed to the nearest Wage and Hour Division District Office. E:\FR\FM\13MRR1.SGM 13MRR1 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations Locate the nearest office by calling the Wage and Hour Division’s toll-free help line at (866) 4US–WAGE ((866) 487– 9243) between 8 a.m. and 5 p.m. in your local time zone, or log onto the Wage and Hour Division’s Web site for a nationwide listing of Wage and Hour District and Area Offices at: http:// www.dol.gov/whd/america2.htm. SUPPLEMENTARY INFORMATION: I. Electronic Access and Filing Comments Public Participation: This notice of proposed rulemaking is available through the Federal Register and the http://www.regulations.gov Web site. You may also access this document via the Department’s Web site at http:// www.dol.gov/federalregister. To comment electronically on federal rulemakings, go to the Federal eRulemaking Portal at http:// www.regulations.gov, which will allow you to find, review, and submit comments on federal documents that are open for comment and published in the Federal Register. Please identify all comments submitted in electronic form by the RIN docket number (1235– AA05). Because of delays in receiving mail in the Washington, DC area, commenters should transmit their comments electronically via the Federal eRulemaking Portal at http:// www.regulations.gov, or submit them by mail early to ensure timely receipt prior to the close of the comment period. Submit one copy of your comments by only one method. all third party employers the use of such exemptions. On December 15, 2011, President Obama announced that the Department of Labor was proposing the rule changes. The Department posted a Notice of Proposed Rulemaking (NPRM), complete with background information, economic impact analyses and proposed regulatory text, on its Web site that day. The Department published the NPRM in the Federal Register on December 27, 2011 (76 FR 81190), requesting public comments on the proposed revisions to the regulations pertaining to the exemption for companionship services and live-in domestic services. Interested parties were requested to submit comments on or before February 27, 2012. On February 24, 2012, the Department published a document in the Federal Register extending the original comment period by 14 days to March 12, 2012 (77 FR 11021). The Department has received requests to extend the period for filing public comments from members of Congress and various business organizations. Because of the interest that has been expressed in this matter, the Department has decided to provide an additional extension of the period for submitting public comment until March 21, 2012. Dated: March 8, 2012. Nancy J. Leppink, Deputy Administrator, Wage and Hour Division. [FR Doc. 2012–6136 Filed 3–9–12; 4:15 pm] BILLING CODE 4510–27–P srobinson on DSK4SPTVN1PROD with RULES II. Request for Comment The Department is proposing to revise the Fair Labor Standards Act minimum wage, overtime and recordkeeping regulations pertaining to the exemptions for companionship services and live-in domestic services. The Department proposes to amend the regulations to revise the definitions of ‘‘domestic service employment’’ and ‘‘companionship services.’’ The Department also proposes to more specifically describe the type of activities and duties that may be considered ‘‘incidental’’ to the provision of companionship services. In addition, the Department proposes to amend the recordkeeping requirements for live-in domestic workers. Finally, the Department proposes to amend the regulation pertaining to employment by a third party of companions and live-in domestic workers. This change would continue to allow the individual, family, or household employing the worker’s services to apply the companionship and live-in exemptions and would deny VerDate Mar<15>2010 17:06 Mar 12, 2012 Jkt 226001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2012–0126] Drawbridge Operation Regulation; Berwick Bay (Atchafalaya River), Morgan City, LA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Burlington Northern Santa Fe (BNSF) Railway Company vertical lift span bridge across Berwick Bay, mile 0.4, (Atchafalaya River, mile 17.5) at Morgan City, St. Mary Parish, Louisiana. The deviation is necessary to perform SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 14689 scheduled maintenance to the bridge. This deviation allows the bridge to remain in the closed-to-navigation position on two dates occurring in March of 2012. DATES: This deviation is effective from 7:30 a.m. on Thursday, March 15, 2012 through 11:30 a.m. Thursday, March 22, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2012– 0126 and are available online by going to http://www.regulations.gov, inserting USCG–2012–0126 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Kay Wade, Bridge Branch Office, Coast Guard; telephone 504–671–2128, email Kay.B.Wade@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The BNSF Railway Company has requested a temporary deviation from the operating schedule of the vertical lift span railroad bridge across Berwick Bay, mile 0.4 (Atchafalaya River, mile 17.5), at Morgan City, St. Mary Parish, Louisiana. The vertical lift span bridge has a vertical clearance of 6.4 feet above high water, elevation 8.2 feet Mean Sea Level in the closed-to-navigation position. Vessels able to pass underneath the bridge in the closed-to-navigationposition may do so. In accordance with 33 CFR 117.5, the bridge currently opens on signal for the passage of vessels. This deviation allows the vertical lift span of the bridge to remain in the closed-to-navigation position from 7:30 a.m. through 11:30 a.m. on Thursday, March 15, 2012 and Thursday, March 22, 2012. To avoid becoming a safety hazard, the closures are necessary in order to cut and weld worn rails and chipping Conley joints. This maintenance is essential for the continued safety and operation of the bridge. Notices will be published in the Eighth Coast Guard District Local Notice to Mariners and will be broadcast via the Coast Guard Broadcast Notice to Mariners System. Navigation on the waterway consists of tugs with tows, fishing vessels and recreational craft, including sailboats E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Pages 14688-14689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6136]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 552

RIN 1235-AA05


Application of the Fair Labor Standards Act to Domestic Service

AGENCY: Wage and Hour Division, Labor.

ACTION: Extension of comment period.

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

SUMMARY: This document extends the period for filing written comments 
until March 21, 2012 on the proposed revisions to the Application of 
the Fair Labor Standards Act to Domestic Service. On February 24, 2012, 
the Department published a document extending the comment period for 
the proposed revisions published on December 27, 2011 by an additional 
14 days. This document further extends the comment period to March 21, 
2012. The Department of Labor (Department) is taking this action in 
order to provide interested parties additional time to submit comments.

DATES: The agency must receive comments on or before March 21, 2012. 
The period for public comments, which was to close on March 12, 2012, 
will be extended to March 21, 2012.

ADDRESSES: You may submit comments, identified by RIN 1235-AA05, by 
either one of the following methods:
    Electronic comments: through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    Mail: Mary Ziegler, Director, 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.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name (Wage and 
Hour Division) and Regulatory Information Number identified above for 
this rulemaking (1235-AA05). All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided. Consequently, prior to including any individual's 
personal information such as Social Security Number, home address, 
telephone number, email addresses and medical data in a comment, the 
Department urges commenters carefully to consider that their 
submissions are a matter of public record and will be publicly 
accessible on the Internet. It is the commenter's responsibility to 
safeguard his or her information. Because we continue to experience 
delays in receiving mail in the Washington, DC area, commenters are 
strongly encouraged to transmit their comments electronically via the 
Federal eRulemaking Portal at http://www.regulations.gov or to submit 
them by mail early. For additional information on submitting comments 
and the rulemaking process, see the ``Public Participation'' heading of 
the SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
U.S. Department of Labor, Room S-3510, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll 
free number). Copies of this notice of proposed rulemaking may be 
obtained in alternative formats (Large Print, Braille, Audio Tape, or 
Disc), upon request, by calling (202) 693-0023. TTY/TDD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.
    Questions of interpretation and/or enforcement of regulations 
issued by this agency or referenced in this document may be directed to 
the nearest Wage and Hour Division District Office.

[[Page 14689]]

Locate the nearest office by calling the Wage and Hour Division's toll-
free help line at (866) 4US-WAGE ((866) 487-9243) between 8 a.m. and 5 
p.m. in your local time zone, or log onto the Wage and Hour Division's 
Web site for a nationwide listing of Wage and Hour District and Area 
Offices at: http://www.dol.gov/whd/america2.htm.

SUPPLEMENTARY INFORMATION:

I. Electronic Access and Filing Comments

    Public Participation: This notice of proposed rulemaking is 
available through the Federal Register and the http://www.regulations.gov Web site. You may also access this document via the 
Department's Web site at http://www.dol.gov/federalregister. To comment 
electronically on federal rulemakings, go to the Federal eRulemaking 
Portal at http://www.regulations.gov, which will allow you to find, 
review, and submit comments on federal documents that are open for 
comment and published in the Federal Register. Please identify all 
comments submitted in electronic form by the RIN docket number (1235-
AA05). Because of delays in receiving mail in the Washington, DC area, 
commenters should transmit their comments electronically via the 
Federal eRulemaking Portal at http://www.regulations.gov, or submit 
them by mail early to ensure timely receipt prior to the close of the 
comment period. Submit one copy of your comments by only one method.

II. Request for Comment

    The Department is proposing to revise the Fair Labor Standards Act 
minimum wage, overtime and recordkeeping regulations pertaining to the 
exemptions for companionship services and live-in domestic services. 
The Department proposes to amend the regulations to revise the 
definitions of ``domestic service employment'' and ``companionship 
services.'' The Department also proposes to more specifically describe 
the type of activities and duties that may be considered ``incidental'' 
to the provision of companionship services. In addition, the Department 
proposes to amend the recordkeeping requirements for live-in domestic 
workers. Finally, the Department proposes to amend the regulation 
pertaining to employment by a third party of companions and live-in 
domestic workers. This change would continue to allow the individual, 
family, or household employing the worker's services to apply the 
companionship and live-in exemptions and would deny all third party 
employers the use of such exemptions.
    On December 15, 2011, President Obama announced that the Department 
of Labor was proposing the rule changes. The Department posted a Notice 
of Proposed Rulemaking (NPRM), complete with background information, 
economic impact analyses and proposed regulatory text, on its Web site 
that day. The Department published the NPRM in the Federal Register on 
December 27, 2011 (76 FR 81190), requesting public comments on the 
proposed revisions to the regulations pertaining to the exemption for 
companionship services and live-in domestic services. Interested 
parties were requested to submit comments on or before February 27, 
2012. On February 24, 2012, the Department published a document in the 
Federal Register extending the original comment period by 14 days to 
March 12, 2012 (77 FR 11021).
    The Department has received requests to extend the period for 
filing public comments from members of Congress and various business 
organizations. Because of the interest that has been expressed in this 
matter, the Department has decided to provide an additional extension 
of the period for submitting public comment until March 21, 2012.

    Dated: March 8, 2012.
Nancy J. Leppink,
Deputy Administrator, Wage and Hour Division.
[FR Doc. 2012-6136 Filed 3-9-12; 4:15 pm]
BILLING CODE 4510-27-P