Proposed Extension of the Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act, 72716-72717 [2013-28881]

Download as PDF 72716 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices collection is currently approved for use through March, 2014. Wage and Hour Division II. Review Focus The DOL 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; • 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 submissions of responses. emcdonald on DSK67QTVN1PROD with NOTICES III. Current Actions The DOL seeks approval for the extension of this information collection in order to ensure effective administration of various special employment programs. Type of Review: Revision and Extension. Agency: Wage and Hour Division. Title: Report of Construction Contractor’s Wage Rates. OMB Numbers: 1235–0015. Affected Public: Businesses or other for-profits, Federal Government. Respondents: 22,000. Total Annual Responses: 66,000. Estimated Total Burden Hours: 22,000. Estimated Time Per Response: DOL estimates that respondents spend an average of approximately 20 minutes completing each response. Frequency: On occasion. Total Burden Costs: $529,980. Total Burden Costs (operation/ maintenance): $0. Dated: November 26, 2013. Mary Ziegler, Director, Division of Regulations, Legislation, and Interpretations. [FR Doc. 2013–28882 Filed 12–2–13; 8:45 am] BILLING CODE 4510–27–P VerDate Mar<15>2010 17:36 Dec 02, 2013 DEPARTMENT OF LABOR Jkt 232001 RIN 1235–0001 Proposed Extension of the Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act Wage and Hour Division, Department of Labor. ACTION: Notice and request for comments. AGENCY: 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). 44 U.S.C. 3056(c)(2)(A). 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: Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act. A copy of the proposed information request can be obtained by contacting the office listed below in the SUMMARY: FOR FURTHER INFORMATION CONTACT section of this Notice. Written comments must be submitted to the office listed in the ADDRESSES section below on or before February 3, 2014. ADDRESSES: You may submit comments identified by Control Number 1235– 0001, by either one of the following methods: Email: 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 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 DATES: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 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: 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 (not a toll-free number). TTY/TTD callers may dial tollfree (877) 889–5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Background: The Wage and Hour Division of the Department of Labor administers the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., which sets the Federal minimum wage, overtime pay, recordkeeping, and youth employment standards of most general application. See 29 U.S.C. 206; 207; 211; 212. Section 11(d) of the FLSA authorizes the Secretary of Labor to regulate, restrict or prohibit industrial homework as necessary to prevent circumvention or evasion of the minimum wage requirements of the Act. 29 U.S.C. 211(d). The Department of Labor (DOL) restricts homework in seven industries (i.e., knitted outwear, women’s apparel, jewelry manufacturing, gloves and mittens, button and buckle manufacturing, and embroideries) to those employers who obtain certificates. See 29 CFR 530.1–.2. The DOL may also issue individual certificates in any industry for an individual homeworker who is unable to leave home because of a disability [or must remain at home to care for a person with a disability in the home.] See 29 CFR 530.3–.4. The DOL allows employers to obtain general (employer) certificates to employ homeworkers in all restricted industries, except women’s apparel and hazardous jewelry manufacturing operations. See 29 CFR 530.101. Consistent with FLSA sections 11(d) and 14(c), the DOL’s Wage and Hour Division (WHD) regulates the employment of industrial homeworkers and workers with disabilities covered by special certificates and governs the application and approval process for obtaining the certificates. E:\FR\FM\03DEN1.SGM 03DEN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices The FLSA also requires that the Secretary of Labor, to the extent necessary to prevent curtailment of employment opportunities, provide certificates authorizing the employment of full-time students at not less than 85 percent of the applicable minimum wage or less than $1.60, whichever is higher, in (1) retail or service establishments and agriculture (29 U.S.C. 214(b)(1); 29 CFR 519.11(a)). The FLSA and the regulations set forth the application requirements as well as the terms and conditions for the employment of full-time students at subminimum wages under certificates and temporary authorization to employ such students at subminimum wages. The subminimum wage programs are designed to increase employment opportunities for full-time students. Regulations issued by the DOL, Office of Apprenticeship no longer permit the payment of subminimum wages to apprentices in an approved program. 29 CFR 29.5(b)(5). Thus, the DOL has issued no apprentice certificates since 1987. However, the WHD must maintain the information collection in order for the agency to fulfill its statutory obligation under FLSA to maintain this program. 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; • Enhance the quality, utility, and clarity of the information to be collected; • 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 Department of Labor seeks an approval for the extension of this information collection in order to ensure effective administration of various special employment programs. Type of Review: Extension. Agency: Wage and Hour Division. Title: Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act. VerDate Mar<15>2010 17:36 Dec 02, 2013 Jkt 232001 OMB Number: 1235–0001. Affected Public: Business or other forprofit, Not-for-profit institutions, Farms. Agency Numbers: Forms WH–2, WH– 46, WH–75, WH–200, WH–201, WH– 202, WH–205, WH–209, WH–226, WH– 226A. Total Respondents: 3,615. Total Annual Responses: 11,097. Estimated Total Burden Hours: 7,542. Estimated Time per Response: Ranges from 10 minutes to 60 minutes depending on the form. Frequency: On occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operation/ maintenance): $1,554. Dated: November 26, 2013. Mary Ziegler, Director, Division of Regulations, Legislation, and Interpretation. [FR Doc. 2013–28881 Filed 12–2–13; 8:45 am] BILLING CODE 4510–27–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Division of Coal Mine Workers’ Compensation; Proposed Collection; Comment Request ACTION: Notice. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 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 Office of Workers’ Compensation Programs is soliciting comments concerning the proposed collection: Comparability of Current Work to Coal Mine Employment (CM–913). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before February 3, 2014. SUMMARY: PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 72717 Ms. Yoon Ferguson, U.S. Department of Labor, 200 Constitution Ave. NW., Room S–3201, Washington, DC 20210, telephone (202) 693–0701, fax (202) 693–1447, Email Ferguson.Yoon@dol.gov. Please use only one method of transmission for comments (mail, fax, or Email). SUPPLEMENTARY INFORMATION: I. Background: The Black Lung Benefits Act of 1977, as amended, 30 U.S.C. 901 et seq., provides for the payment of benefits to coal miners who are totally disabled by black lung disease arising out of coal mine employment, and their dependents and survivors. Once a miner has been identified as having performed non-coal mine work subsequent to coal mine employment, the miner or the miner’s survivor is asked to complete a CM–913 to compare coal mine work to non-coal mine work. This employment information along with medical information is used to establish whether the miner is totally disabled due to black lung disease caused by coal mine employment. This information collection is currently approved for use through April 30, 2014. 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; * 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 submissions of responses. III. Current Actions: The Department of Labor seeks the approval for the extension of this currently-approved information collection in order to carry out its responsibility to administer the Black Lung Benefits Act. Agency: Office of Workers’ Compensation Programs. Type of Review: Extension. Title: Comparability of Current Work to Coal Mine Employment (CM–913). OMB Number: 1240–0035. ADDRESSES: E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72716-72717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28881]


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DEPARTMENT OF LABOR

Wage and Hour Division

RIN 1235-0001


Proposed Extension of the Information Collections Pertaining to 
Special Employment Under the Fair Labor Standards Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice and request for comments.

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

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). 44 U.S.C. 3056(c)(2)(A). 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: Information Collections Pertaining to 
Special Employment Under the Fair Labor Standards Act. A copy of the 
proposed information request can 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 February 3, 2014.

ADDRESSES: You may submit comments identified by Control Number 1235-
0001, by either one of the following methods: Email: 
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 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: 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 (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: The Wage and Hour Division of the Department of 
Labor administers the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, 
et seq., which sets the Federal minimum wage, overtime pay, 
recordkeeping, and youth employment standards of most general 
application. See 29 U.S.C. 206; 207; 211; 212. Section 11(d) of the 
FLSA authorizes the Secretary of Labor to regulate, restrict or 
prohibit industrial homework as necessary to prevent circumvention or 
evasion of the minimum wage requirements of the Act. 29 U.S.C. 211(d). 
The Department of Labor (DOL) restricts homework in seven industries 
(i.e., knitted outwear, women's apparel, jewelry manufacturing, gloves 
and mittens, button and buckle manufacturing, and embroideries) to 
those employers who obtain certificates. See 29 CFR 530.1-.2. The DOL 
may also issue individual certificates in any industry for an 
individual homeworker who is unable to leave home because of a 
disability [or must remain at home to care for a person with a 
disability in the home.] See 29 CFR 530.3-.4. The DOL allows employers 
to obtain general (employer) certificates to employ homeworkers in all 
restricted industries, except women's apparel and hazardous jewelry 
manufacturing operations. See 29 CFR 530.101. Consistent with FLSA 
sections 11(d) and 14(c), the DOL's Wage and Hour Division (WHD) 
regulates the employment of industrial homeworkers and workers with 
disabilities covered by special certificates and governs the 
application and approval process for obtaining the certificates.

[[Page 72717]]

    The FLSA also requires that the Secretary of Labor, to the extent 
necessary to prevent curtailment of employment opportunities, provide 
certificates authorizing the employment of full-time students at not 
less than 85 percent of the applicable minimum wage or less than $1.60, 
whichever is higher, in (1) retail or service establishments and 
agriculture (29 U.S.C. 214(b)(1); 29 CFR 519.11(a)). The FLSA and the 
regulations set forth the application requirements as well as the terms 
and conditions for the employment of full-time students at subminimum 
wages under certificates and temporary authorization to employ such 
students at subminimum wages. The subminimum wage programs are designed 
to increase employment opportunities for full-time students. 
Regulations issued by the DOL, Office of Apprenticeship no longer 
permit the payment of subminimum wages to apprentices in an approved 
program. 29 CFR 29.5(b)(5). Thus, the DOL has issued no apprentice 
certificates since 1987. However, the WHD must maintain the information 
collection in order for the agency to fulfill its statutory obligation 
under FLSA to maintain this program.
    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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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 Department of Labor seeks an approval for 
the extension of this information collection in order to ensure 
effective administration of various special employment programs.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Information Collections Pertaining to Special Employment 
Under the Fair Labor Standards Act.
    OMB Number: 1235-0001.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Agency Numbers: Forms WH-2, WH-46, WH-75, WH-200, WH-201, WH-202, 
WH-205, WH-209, WH-226, WH-226A.
    Total Respondents: 3,615.
    Total Annual Responses: 11,097.
    Estimated Total Burden Hours: 7,542.
    Estimated Time per Response: Ranges from 10 minutes to 60 minutes 
depending on the form.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $1,554.

    Dated: November 26, 2013.
Mary Ziegler,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2013-28881 Filed 12-2-13; 8:45 am]
BILLING CODE 4510-27-P