Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act, 7743-7745 [2024-02177]
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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices
granted by MSHA before using nonpermissible electronic surveying
equipment within 150 feet of pillar
workings or longwall faces. A record of
the training shall be kept with the other
training records.
(r) Within 60 days after the PDO
granted by MSHA becomes final, the
operator shall submit proposed
revisions for its approved 30 CFR part
48 training plans to the Coal Mine
Safety and Health District Manager.
These proposed revisions shall specify
initial and refresher training regarding
the terms and conditions of the PDO.
When training is conducted on the
terms and conditions of the PDO, a
MSHA Certificate of Training (Form
5000–23) shall be completed and shall
include comments indicating it was
surveyor training.
(s) The operator shall replace or retire
from service any non-permissible
electronic surveying instrument
acquired prior to December 31, 2004,
within 1 year of the PDO granted by
MSHA becoming final. Within 3 years of
the date the PDO becomes final, the
operator shall replace or retire from
service any theodolite acquired more
than 5 years prior to the date the granted
PDO became final and any total station
or other electronic surveying equipment
identified in the PDO acquired more
than10 years prior to the date the PDO
became final. After 5 years, the operator
shall maintain a cycle of purchasing
new electronic surveying equipment so
that theodolites shall be no older than
5 years from the date of manufacture
and total stations and other electronic
surveying equipment shall be no older
than 10 years from the date of
manufacture.
(t) The operator is responsible for
ensuring that all surveying contractors
hired by the operator use nonpermissible electronic surveying
equipment in accordance with the
requirements of paragraph (s) of the
PDO granted by MSHA. The conditions
of use specified in the PDO shall apply
to all non-permissible electronic
surveying equipment used within 150
feet of pillar workings or longwall faces,
regardless of whether the equipment is
used by the operator or by an
independent contractor.
(u) Non-permissible electronic
surveying equipment may be used when
production is occurring, subject to these
conditions:
(1) On a mechanized mining unit
(MMU) where production is occurring,
non-permissible electronic surveying
equipment shall not be used downwind
of the discharge point of any face
ventilation controls, such as tubing
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17:56 Feb 02, 2024
Jkt 262001
(including controls such as ‘‘baloney
skins’’) or curtains.
(2) Production may continue while
non-permissible electronic surveying
equipment is used if the surveying
equipment is used in a separate split of
air from where production is occurring.
(3) Non-permissible electronic
surveying equipment shall not be used
in a split of air ventilating an MMU if
any ventilation controls will be
disrupted during such surveying.
Disruption of ventilation controls means
any change to the mine’s ventilation
system that causes the ventilation
system not to function in accordance
with the mine’s approved ventilation
plan.
(4) If a surveyor must disrupt
ventilation while surveying, the
surveyor shall cease surveying and
communicate to the section foreman
that ventilation must be disrupted.
Production shall stop while ventilation
is disrupted. Ventilation controls shall
be reestablished immediately after the
disruption is no longer necessary.
Production shall only resume after all
ventilation controls are reestablished
and are in compliance with approved
ventilation or other plans and other
applicable laws, standards, or
regulations.
(5) Any disruption in ventilation shall
be recorded in the logbook required by
the PDO. The logbook shall include a
description of the nature of the
disruption, the location of the
disruption, the date and time of the
disruption, the date and time the
surveyor communicated the disruption
to the section foreman, the date and
time production ceased, the date and
time ventilation was reestablished, and
the date and time production resumed.
(6) All surveyors, section foremen,
section crew members, and other
personnel who will be involved with or
affected by surveying operations shall
receive training in accordance with 30
CFR 48.7 on the requirements of the
PDO granted by MSHA within 60 days
of the date the PDO becomes final. Such
training shall be completed before any
non-permissible electronic surveying
equipment can be used while
production is occurring. The operator
shall keep a record of such training and
provide it to MSHA upon request.
(7) The operator shall provide annual
retraining to all personnel who will be
involved with or affected by surveying
operations in accordance with 30 CFR
48.8. The operator shall train new
miners on the requirements of the PDO
granted by MSHA in accordance with 30
CFR 48.5 and shall train experienced
miners, as defined in 30 CFR 48.6, on
the requirements of the PDO in
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7743
accordance with 30 CFR 48.6. The
operator shall keep a record of such
training and provide it to MSHA upon
request.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–02170 Filed 2–2–24; 8:45 am]
BILLING CODE 4520–43–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
(Department) is soliciting comments
concerning a proposed revision 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
revise and extend the existing
information collection with minor
clarifying changes to the collection
instruments. 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
April 5, 2024.
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
SUMMARY:
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05FEN1
7744
Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices
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. Commenters are 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.
lotter on DSK11XQN23PROD with NOTICES1
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). Alternative formats are
available upon request by calling 1–
866–487–9243. If you are deaf, hard of
hearing, or have a speech disability,
please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION:
I. Background: The Department’s
Wage and Hour Division (WHD)
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 (Secretary), ‘‘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), 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
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17:56 Feb 02, 2024
Jkt 262001
Disabilities at Subminimum Wages, and
Form WH–226A, the Supplemental Data
Sheet for Application for Authority to
Employ Workers with Disabilities at
Subminimum 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 to regulate,
restrict, or prohibit industrial homework
as necessary to prevent circumvention
or evasion of the minimum wage
requirements of the FLSA. 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 that
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, to the extent necessary to
prevent curtailment of employment
opportunities, provide certificates
authorizing the employment of full-time
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Fmt 4703
Sfmt 4703
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 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 FLSA.
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,
and the Department therefore has not
issued apprentice certificates since
1987. See 29 CFR 29.5(b)(5). However,
WHD must maintain the information
collection for apprentice certificates to
fulfill its statutory obligation under
FLSA to maintain this program.
E:\FR\FM\05FEN1.SGM
05FEN1
Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
II. Review Focus: The Department is
particularly interested in comments
that:
• 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
seeks approval for a revision of this
information collection in order to
ensure effective administration of
various special employment programs.
Type of Review: Revision.
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: 335,167.
Total Annual Responses: 1,338,561.
Estimated Total Burden Hours:
671,464.
Estimated Time per Response: Varies
with type of request.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$2,249.66.
Dated: January 30, 2024.
Amy Hunter,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2024–02177 Filed 2–2–24; 8:45 am]
BILLING CODE 4510–27–P
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7745
Aerospace Safety Advisory Panel;
Meeting
—Updates on the Moon to Mars
Program
It is imperative that the meeting be
held on this date to accommodate the
scheduling priorities of the key
participants.
AGENCY:
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of meeting.
Carol J. Hamilton,
Aerospace Safety Advisory Panel, Executive
Director, National Aeronautics and Space
Administration.
In accordance with the
Federal Advisory Committee Act, as
amended, the National Aeronautics and
Space Administration announces a
forthcoming meeting of the Aerospace
Safety Advisory Panel (ASAP). The
ASAP will hold its First Quarterly
Meeting for 2024. This discussion is
pursuant to carrying out its statutory
duties for which the Panel reviews,
identifies, evaluates, and advises on
those program activities, systems,
procedures, and management activities
that can contribute to program risk.
Priority is given to those programs that
involve the safety of human flight.
DATES: Wednesday, February 28, 2024,
11 a.m. to 12:30 p.m., eastern time.
ADDRESSES: Public attendance will be
virtual only. See dial-in information
below under SUPPLEMENTARY
INFORMATION.
[FR Doc. 2024–02248 Filed 2–2–24; 8:45 am]
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (24–007)]
SUMMARY:
Ms.
Lisa M. Hackley, ASAP Administrative
Officer, NASA Headquarters,
Washington, DC 20546, (202) 358–1947
or lisa.m.hackley@nasa.gov.
SUPPLEMENTARY INFORMATION: As noted
above, this meeting is only available
telephonically. Any interested person
must use a touch-tone phone to
participate in this meeting. Any
interested person may call the USA toll
free conference call number 888–566–
6133; passcode 8343253 and then the #
sign. At the beginning of the meeting,
members of the public may make a
verbal presentation to the Panel limited
to the subject of safety in NASA, not to
exceed 5 minutes in length. To do so,
members of the public must contact Ms.
Lisa M. Hackley at lisa.m.hackley@
nasa.gov or at (202) 358–1947 at least 48
hours in advance. Any member of the
public is permitted to file a written
statement with the Panel via electronic
submission to Ms. Hackley at the email
address previously noted. Written
statements should be limited to the
subject of safety in NASA.
The agenda for the meeting includes
the following topics:
—Updates on the International Space
Station Program
—Updates on the Commercial Crew
Program
FOR FURTHER INFORMATION CONTACT:
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BILLING CODE P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2023–45; MC2024–170 and
CP2024–176; MC2024–171 and CP2024–177;
MC2024–172 and CP2024–178; MC2024–173
and CP2024–179; MC2024–174 and CP2024–
180]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: February 7,
2024.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
E:\FR\FM\05FEN1.SGM
05FEN1
]]>Agencies
[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Pages 7743-7745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02177]
-----------------------------------------------------------------------
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 (Department) is soliciting comments
concerning a proposed revision 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 revise and extend the existing information
collection with minor clarifying changes to the collection instruments.
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 April 5, 2024.
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
[[Page 7744]]
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.
Commenters are 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). Alternative formats are available upon request by calling
1-866-487-9243. If you are deaf, hard of hearing, or have a speech
disability, please dial 7-1-1 to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
I. Background: The Department's Wage and Hour Division (WHD)
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 (Secretary), ``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), 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 Subminimum Wages, and Form WH-226A,
the Supplemental Data Sheet for Application for Authority to Employ
Workers with Disabilities at Subminimum 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 to
regulate, restrict, or prohibit industrial homework as necessary to
prevent circumvention or evasion of the minimum wage requirements of
the FLSA. 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 that
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, to the extent necessary
to prevent curtailment of employment opportunities, provide
certificates authorizing the employment 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 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 FLSA. 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, and the Department therefore has not issued
apprentice certificates since 1987. See 29 CFR 29.5(b)(5). However, WHD
must maintain the information collection for apprentice certificates to
fulfill its statutory obligation under FLSA to maintain this program.
[[Page 7745]]
II. Review Focus: The Department is particularly interested in
comments that:
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 seeks approval for a revision
of this information collection in order to ensure effective
administration of various special employment programs.
Type of Review: Revision.
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: 335,167.
Total Annual Responses: 1,338,561.
Estimated Total Burden Hours: 671,464.
Estimated Time per Response: Varies with type of request.
Frequency: On occasion.
Total Burden Cost (capital/startup): $2,249.66.
Dated: January 30, 2024.
Amy Hunter,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2024-02177 Filed 2-2-24; 8:45 am]
BILLING CODE 4510-27-P
