Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act, 14648-14649 [2021-05473]
Download as PDF
<![CDATA[
14648
Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Notices
Mines and Surface Areas of
Underground Mines.
OMB Control Number: 1219–0009.
Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 5,828.
Total Estimated Number of
Responses: 143,145.
Total Estimated Annual Time Burden:
14,773 hours.
Total Estimated Annual Other Costs
Burden: $468,122.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: March 10, 2021.
Anthony May,
Management and Program Analyst.
[FR Doc. 2021–05470 Filed 3–16–21; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections Pertaining to
Special Employment Under the Fair
Labor Standards Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:
The Department of Labor (the
Department) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled ‘‘Information Collections
Pertaining to Special Employment
Under the Fair Labor Standards Act.’’
This comment request is part of
continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995
(PRA). The Department proposes to
extend the approval of this existing
information collection without change.
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. 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
May 17, 2021.
ADDRESSES: You may submit comments
identified by Control Number 1235–
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:47 Mar 16, 2021
Jkt 253001
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 Office
of Management and Budget (OMB)
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, 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; 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 (WHD) 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. FLSA section 14(c)
provides that the Secretary of Labor, ‘‘to
the extent necessary to prevent
curtailment of opportunities for
employment, shall by regulation or
order provide for the employment,
under special certificates, of
individuals’’ whose productivity for the
work performed is limited by disability
at subminimum wages commensurate
with the individual’s productivity. 29
U.S.C. 214(c). In accordance with
section 14(c), the WHD regulates the
employment of individuals with
disabilities under special certificates
and governs the application and
approval process for obtaining the
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
certificates. See 29 CFR part 525. The
information collections on the forms
(Form WH–226, the Application for
Authority to Employ Workers with
Disabilities at Special Minimum Wages,
and WH–226A, the Supplemental Data
Sheet for Application for Authority to
Employ Workers with Disabilities at
Special Minimum Wages) assists the
Department in fulfilling its statutory
directive to administer and enforce the
section 14(c) program, including the
conditions introduced to section 14(c)
certificate holders pursuant to the
Workforce Innovation and Opportunity
Act (WIOA), which was signed into law
on July 22, 2014.
In addition, 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). Pursuant to section
11(d), WHD issues special certificates
governing the employment of individual
homeworkers and employers of
homeworkers. The Department restricts
homework in seven industries (i.e.,
knitted outwear, women’s apparel,
jewelry manufacturing, gloves and
mittens, button and buckle
manufacturing, handkerchief
manufacturing, and embroideries) to
those employers who obtain certificates.
See 29 CFR 530.1, 530.2. The
Department may issue individual
certificates in those industries for an
individual homeworker (1) who is
unable to adjust to factory work because
of a disability or who must remain at
home to care for a person with a
disability in the home, and (2) who has
been engaged in industrial homework in
the particular industry prior to certain
specified dates as set forth in the
regulations or is engaged in industrial
homework under the supervision of a
State Vocational Rehabilitation Agency.
See 29 CFR 530.3, 530.4. The
Department also 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. Form
WH–2, the Application for Special
Industrial Homeworker’s Certificate,
and Form WH–46, the Application for
Certificate to Employ Homeworkers, are
used in the application process for
obtaining these certificates, and Form
WH–75, Homeworker Handbook, is
used to assist with recordkeeping.
The FLSA also requires that the
Secretary of Labor, to the extent
necessary to prevent curtailment of
employment opportunities, provide
certificates authorizing the employment
E:\FR\FM\17MRN1.SGM
17MRN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Notices
of full-time students at (1) not less than
85 percent of the applicable minimum
wage or less than $1.60, whichever is
higher, in retail or service
establishments or in institutions of
higher education (29 U.S.C. 214(b)(1),
(3); 29 CFR part 519); and (2) not less
than 85 percent of the applicable
minimum wage or less than $1.30,
whichever is higher, in agriculture (29
U.S.C. 214(b)(2), 29 CFR part 519). 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 forms used to apply for these
certificates are WH–200 (retail, service,
or agricultural employers seeking to
employ full-time students for 10 percent
or more of total monthly hours of
employment), WH–201 (institution of
higher learning seeking to employ its
students), and WH–202 (retail, service,
or agricultural employers seeking to
employ six or fewer full-time students).
Under section 14(a) of the FLSA, the
Secretary of Labor is required to
provide, by regulation or order, a special
certificate for the employment of
learners, apprentices, and messengers
who may be paid less than the federal
minimum wage set by section 6(a) of the
Act. See 29 U.S.C. 214(a). The
certificates are only issued to the extent
necessary to prevent the curtailment of
employment opportunities. This section
also authorizes the Secretary to set
limitations on such employment as to
time, number, proportion, and length of
service. The regulations at 29 CFR part
520 contain the provisions that
implement the section 14(a)
requirements. Form WH–205 is the
application an employer uses to obtain
a certificate to employ student-learners
at wages lower than the federal
minimum wage. Form WH–209 is the
application an employer uses to request
a certificate authorizing the employer to
employ learners and/or messengers at
subminimum wage rates. Regulations
issued by the Department’s Office of
Apprenticeship no longer permit the
payment of subminimum wages to
apprentices in an approved program;
therefore, the Department has not issued
apprentice certificates since 1987. See
29 CFR 29.5(b)(5). However, WHD must
maintain the information collection for
apprentice certificates 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:
VerDate Sep<11>2014
17:47 Mar 16, 2021
Jkt 253001
• 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 approval for an 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 Control Number: 1235–0001.
Affected Public: Business or other forprofit, Not-for-profit institutions,
Federal, State, Local, or Tribal
Government.
Agency Numbers: Forms WH–226,
WH–226A, WH–2, WH–46, WH–75,
WH–200, WH–201, WH–202, WH–205,
WH–209.
Total Respondents: 335,983.
Total Annual Responses: 1,339,779.
Estimated Total Burden Hours:
684,442.
Estimated Time per Response: Varies
with type of request.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$1,522.
Dated: March 8, 2021.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2021–05473 Filed 3–16–21; 8:45 am]
BILLING CODE 4510–27–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2020–0220]
Information Collection: Fitness-forDuty Programs
Nuclear Regulatory
Commission.
AGENCY:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
14649
Notice of submission to the
Office of Management and Budget;
request for comment.
ACTION:
The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted a request for renewal of an
existing collection of information to the
Office of Management and Budget
(OMB) for review. The information
collection is entitled, ‘‘Fitness-for-Duty
Programs.’’
DATES: Submit comments by April 16,
2021. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
FOR FURTHER INFORMATION CONTACT:
David Cullison, NRC Clearance Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
INFOCOLLECTS.Resource@nrc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2020–
0220 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0220.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. Licensees and other entities can
use three NRC Forms to report
information under Part 26 of title 10 of
the Code of Federal Regulations (10
CFR), ‘‘Fitness for duty programs’’
requirements: NRC Form 890, ‘‘Single
Positive Test Form,’’ NRC Form 891,
‘‘Annual Reporting Form for Drug and
E:\FR\FM\17MRN1.SGM
17MRN1
]]>Agencies
[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Notices]
[Pages 14648-14649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05473]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections Pertaining to Special Employment Under the Fair
Labor Standards Act
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (the Department) is soliciting
comments concerning a proposed extension of the information collection
request (ICR) titled ``Information Collections Pertaining to Special
Employment Under the Fair Labor Standards Act.'' This comment request
is part of continuing Departmental efforts to reduce paperwork and
respondent burden in accordance with the Paperwork Reduction Act of
1995 (PRA). The Department proposes to extend the approval of this
existing information collection without change. 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. 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 May 17, 2021.
ADDRESSES: You may submit comments identified by Control Number 1235-
0001, by either one of the following methods: Email:
[email protected]; 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 Office of Management and Budget (OMB)
approval of the information collection request.
FOR FURTHER INFORMATION CONTACT: Robert Waterman, 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; 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 (WHD) 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. FLSA section 14(c)
provides that the Secretary of Labor, ``to the extent necessary to
prevent curtailment of opportunities for employment, shall by
regulation or order provide for the employment, under special
certificates, of individuals'' whose productivity for the work
performed is limited by disability at subminimum wages commensurate
with the individual's productivity. 29 U.S.C. 214(c). In accordance
with section 14(c), the WHD regulates the employment of individuals
with disabilities under special certificates and governs the
application and approval process for obtaining the certificates. See 29
CFR part 525. The information collections on the forms (Form WH-226,
the Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages, and WH-226A, the Supplemental Data Sheet for
Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages) assists the Department in fulfilling its
statutory directive to administer and enforce the section 14(c)
program, including the conditions introduced to section 14(c)
certificate holders pursuant to the Workforce Innovation and
Opportunity Act (WIOA), which was signed into law on July 22, 2014.
In addition, 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). Pursuant to section 11(d),
WHD issues special certificates governing the employment of individual
homeworkers and employers of homeworkers. The Department restricts
homework in seven industries (i.e., knitted outwear, women's apparel,
jewelry manufacturing, gloves and mittens, button and buckle
manufacturing, handkerchief manufacturing, and embroideries) to those
employers who obtain certificates. See 29 CFR 530.1, 530.2. The
Department may issue individual certificates in those industries for an
individual homeworker (1) who is unable to adjust to factory work
because of a disability or who must remain at home to care for a person
with a disability in the home, and (2) who has been engaged in
industrial homework in the particular industry prior to certain
specified dates as set forth in the regulations or is engaged in
industrial homework under the supervision of a State Vocational
Rehabilitation Agency. See 29 CFR 530.3, 530.4. The Department also
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. Form
WH-2, the Application for Special Industrial Homeworker's Certificate,
and Form WH-46, the Application for Certificate to Employ Homeworkers,
are used in the application process for obtaining these certificates,
and Form WH-75, Homeworker Handbook, is used to assist with
recordkeeping.
The FLSA also requires that the Secretary of Labor, to the extent
necessary to prevent curtailment of employment opportunities, provide
certificates authorizing the employment
[[Page 14649]]
of full-time students at (1) not less than 85 percent of the applicable
minimum wage or less than $1.60, whichever is higher, in retail or
service establishments or in institutions of higher education (29
U.S.C. 214(b)(1), (3); 29 CFR part 519); and (2) not less than 85
percent of the applicable minimum wage or less than $1.30, whichever is
higher, in agriculture (29 U.S.C. 214(b)(2), 29 CFR part 519). 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 forms used to apply for
these certificates are WH-200 (retail, service, or agricultural
employers seeking to employ full-time students for 10 percent or more
of total monthly hours of employment), WH-201 (institution of higher
learning seeking to employ its students), and WH-202 (retail, service,
or agricultural employers seeking to employ six or fewer full-time
students).
Under section 14(a) of the FLSA, the Secretary of Labor is required
to provide, by regulation or order, a special certificate for the
employment of learners, apprentices, and messengers who may be paid
less than the federal minimum wage set by section 6(a) of the Act. See
29 U.S.C. 214(a). The certificates are only issued to the extent
necessary to prevent the curtailment of employment opportunities. This
section also authorizes the Secretary to set limitations on such
employment as to time, number, proportion, and length of service. The
regulations at 29 CFR part 520 contain the provisions that implement
the section 14(a) requirements. Form WH-205 is the application an
employer uses to obtain a certificate to employ student-learners at
wages lower than the federal minimum wage. Form WH-209 is the
application an employer uses to request a certificate authorizing the
employer to employ learners and/or messengers at subminimum wage rates.
Regulations issued by the Department's Office of Apprenticeship no
longer permit the payment of subminimum wages to apprentices in an
approved program; therefore, the Department has not issued apprentice
certificates since 1987. See 29 CFR 29.5(b)(5). However, WHD must
maintain the information collection for apprentice certificates 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 approval for an
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 Control Number: 1235-0001.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Federal, State, Local, or Tribal Government.
Agency Numbers: Forms WH-226, WH-226A, WH-2, WH-46, WH-75, WH-200,
WH-201, WH-202, WH-205, WH-209.
Total Respondents: 335,983.
Total Annual Responses: 1,339,779.
Estimated Total Burden Hours: 684,442.
Estimated Time per Response: Varies with type of request.
Frequency: On occasion.
Total Burden Cost (capital/startup): $1,522.
Dated: March 8, 2021.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2021-05473 Filed 3-16-21; 8:45 am]
BILLING CODE 4510-27-P
