Federal Register Notice 60 day

1235-0001 60dayFR.pdf

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

Federal Register Notice 60 day

OMB: 1235-0001

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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.

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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

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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:

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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.

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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.

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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:

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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
[email protected]. 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:

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