Agency Information Collection Activities; Comment Request; Information Collections: Requirements of a Bona Fide Thrift or Savings Plan (29 CFR Part 547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust (29 CFR Part 549), 23613 [2017-10492]

Agencies

• Wage and Hour Division
• DEPARTMENT OF LABOR

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Page 23613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10492]



[[Page 23613]]

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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Requirements of a Bona Fide Thrift or Savings 
Plan (29 CFR Part 547) and Requirements of a Bona Fide Profit-Sharing 
Plan or Trust (29 CFR Part 549)

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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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). 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: 
Requirements of a Bona Fide Thrift or Savings Plan and Requirements of 
a Bona Fide Profit-Sharing Plan or Trust. A copy of the proposed 
information request may 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 July 24, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0013, 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: Robert Waterman, Compliance 
Specialist, 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

    Section 7(e)(3)(b) of the Fair Labor Standards Act permits the 
exclusion from an employee's regular rate of pay, payments on behalf of 
an employee to a ``bona fide'' thrift or savings plan, profit-sharing 
plan or trust. Regulations, 29 CFR parts 547 and 549 set forth the 
requirements for what constitutes a ``bona fide'' thrift or savings 
plan, profit-sharing plan or trust. The maintenance of the records 
required by the regulations enables Department of Labor investigators 
to determine whether contributions to a given thrift or savings plan, 
profit-sharing plan or trust may be excluded in calculating the regular 
rate of pay for overtime purposes in compliance with section 7(e)(3)(b) 
of the FLSA. Without these records, such a determination could not be 
made. This information collection is currently approved for use through 
February 2018.

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;
     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 DOL seeks an approval for the extension of this information 
collection that requires the keeping of records by employers as 
necessary or appropriate for the administration of the Act.
    Type of Review: Extension without change of a currently approved 
collection.
    Agency: Wage and Hour Division.
    Title: Requirements of a Bona Fide Thrift or Savings Plan (29 CFR 
part 547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust 
(29 CFR part 549).
    OMB Control Number: 1235-0013.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Total Respondents: 1,110,448.
    Total Annual Responses: 1,110,448.
    Estimated Total Burden Hours: 463.
    Estimated Time per Response: 2 seconds.
    Frequency: Annually.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $0.

    Dated: May 5, 2017.
Melissa Smith,
Director, Division of Regulation, Legislation, and Interpretation.
[FR Doc. 2017-10492 Filed 5-22-17; 8:45 am]
 BILLING CODE 4510-27-P