Federal Register 60 day notice

60-day FR Notice 8-6-15.pdf

Special Employment Under the Fair Labor Standards Act

Federal Register 60 day notice

OMB: 1235-0001

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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

program(s) that are included in the
Combined State Plan.
This consolidated ICR for the Unified
or Combined State Plan will replace
existing planning information
collections for the core programs. For
States that choose to submit a Combined
State Plan, the existing information
collections for the program-specific
State plans for the optional programs
will continue to exist under their
current control numbers. If the
Combined State Plan is approved, the
State is not required to submit any other
plan to receive Federal funding for any
optional program covered under that
Combined State Plan (WIOA sec.
103(b)(2)). If a State plan for an optional
program changes from the one approved
under the Combined State Plan, the
State may have to submit additional
plans to the appropriate Department—
such additional plans will be counted
under the optional programs’ existing
information collection requirements.
Some of the optional programs that a
State may include in the Combined
State Plan currently fulfill their
program-specific State planning
requirements through a broader
information collection administered by
the program’s appropriate Department.
For example, section 103(b)(2) of WIOA
specifically allows the employment and
training activities carried out under the
Community Services Block Grant
(CSBG) Act administered by the
Department of Health and Human
Services and employment and training
activities under the Department of
Housing and Urban Development to be
included in a WIOA Combined State
Plan. However, the existing CSBG
information collection, for example,
includes planning elements for the
employment and training activities
along with planning elements for other
activities under CSBG. Therefore, if
States choose to include programs such
as these in the Combined Plan, only the
portion of the existing planning
requirements that address the
employment and training activities are
included in the Combined State Plan
(WIOA sec. 103), and States are still
required to separately submit all other
required elements of a complete CSBG
State Plan directly to the Federal agency
that administers the program.
Departmental program-specific State
Plan requirements for the optional
programs that may be included in the
Combined State Plan will continue
collecting data under the information
collections currently approved by OMB.
This Notice is not soliciting comments
about these currently approved
information collections.

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As mentioned above, this ICR is
intended to cover the State planning
information collection requirements in
sections 102 and 103 of WIOA. The
notice of proposed rulemaking (NPRM)
proposing regulations that would
implement those sections was published
on April 16, 2015, at 80 FR 20573. The
comment period closed on June 15,
2015. The proposed regulations that
correspond to these information
collection requirements are: 20 CFR part
676 (WIOA Adult, Dislocated Worker,
and Youth programs and Wagner-Peyser
Act programs); 34 CFR part 361, subpart
D (State Vocational Rehabilitation
Services Program); and 34 CFR part 463,
subpart H (Adult Education and Family
Literacy Act programs).
Sec. 102(c)(1)(A) of WIOA requires
States to submit their first Unified State
Plan to the Secretary of Labor not later
than 120 days prior to the
commencement of the second full
program year after the date of enactment
of WIOA, which was July 22, 2014.
Therefore, the second full program year
commences on July 1, 2016, and the
State plans must be submitted no later
than March 3, 2016. Approval of this
ICR is required so that the States can
begin working to develop their plans, a
process that requires months of
coordination among State agencies and
other stakeholders.
The Departments have all worked
together to develop this information
collection; however, this information
collection will initially be approved
under a Department of Labor,
Employment and Training
Administration (ETA) account using the
common forms clearance process that
allows several agencies to use a single
information collection instrument.
Burden estimates for all the partner
agencies have been included in this
Notice, in order to facilitate an
understanding of the full impact of the
collection; however, in accordance with
OMB guidance for common forms, the
ICR submitted to OMB will initially
identify only the ETA burdens. OMB
approval of the ICR will trigger the
ability for the other Federal agencies to
formally submit requests to sign on the
collection; those actions would not
require additional notice or public
comment. This ICR may receive OMB
approval before Final Rules
implementing WIOA are published. If
this occurs, the Departments will submit
another ICR for this collection to OMB
to incorporate the Final Rule citations,
as required by 5 CFR 1320.11(h). Those
citations currently do not exist and,
therefore, cannot be included at this
time. Additionally, the Departments
will review, analyze, and incorporate

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any comments received on the NPRM
that are relevant to this ICR together
with comments we receive in response
to this Federal Register Notice in order
to finalize the substantive information
collection requirements to the extent
legally possible.
Portia Wu,
Assistant Secretary for Employment and
Training, U.S. Department of Labor.
Johan E. Uvin,
Acting Assistant Secretary for the Office of
Career, Technical, and Adult Education, U.S.
Department of Education.
Michael K. Yudin,
Assistant Secretary for the Office of Special
Education and Rehabilitative Services, U.S.
Department of Education.
Mark H. Greenberg,
Acting Assistant Secretary for Children and
Families, U.S. Department of Health and
Human Services.
Teresa W. Gerton,
Acting Assistant Secretary for Veterans’
Employment and Training, U.S. Department
of Labor.
Kevin Concannon,
Under Secretary, Food, Nutrition, and
Consumer Services, U.S. Department of
Agriculture.
Clifford Taffet,
General Deputy Assistant Secretary, Office
of Community Planning and Development,
U.S. Department of Housing and Urban
Development.
Jemine A. Bryon,
General Deputy Assistant Secretary for Public
and Indian Housing, U.S. Department of
Housing and Urban Development.
[FR Doc. 2015–19286 Filed 8–5–15; 8:45 am]
BILLING CODE 4510–30–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.

AGENCY:
ACTION:

Notice.

The Department of Labor
(DOL) is soliciting comments
concerning a proposed revision to 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

SUMMARY:

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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices
Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501 et seq.
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
October 5, 2015.
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 Office
of Management and Budget (OMB)
approval of the information collection
request.

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FOR FURTHER INFORMATION CONTACT:

Monty Navarro, Acting Director,
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). Materials associated with this
information collection may be reviewed
at: http://www.dol.gov/whd/
specialemployment/14cpra.htm. 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:

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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. DOL
proposes to revise 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. The proposed new
information collections on these forms
will assist DOL in fulfilling its statutory
directive to administer and enforce the
section 14(c) program, including the
new 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. Forms WH–226 and
WH–226A are the only information
collections under Control Number
1235–0001 that DOL proposes to revise
at this time.
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), the WHD issues special
certificates governing the employment
of individual homeworkers and
employers of homeworkers. DOL
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 DOL may
issue individual certificates in those
industries for an individual

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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 DOL 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. No revisions to
these forms are proposed at this time.
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: (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).
No revisions to these forms are
proposed at this time.
FLSA section 14(a) requires that the
Secretary of Labor, to the extent
necessary to prevent curtailment of
employment opportunities, provide by
regulations or order for the employment
of learners, apprentices, and messengers
who, under special certificates may be

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paid less than the statutory minimum
wage. See 29 U.S.C. 214(a). 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 DOL’s Office of
Apprenticeship no longer permit the
payment of subminimum wages to
apprentices in an approved program;
therefore, DOL has not issued
apprentice certificates since 1987. See
29 CFR 29.5(b)(5). However, the 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. No revisions to
these forms are proposed at this time.
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
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 Number: 1235–0001.

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Affected Public: Business or other forprofit, Not-for-profit institutions, Farms,
State, Local, or Tribal Government.
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: 4,355.
Total Annual Responses: 10,300.
Estimated Total Burden Hours:
15,178.
Estimated Time per Response: Ranges
from 10 minutes to 120 minutes
depending on the form.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operation/
maintenance): $3,498.
Dated: July 31, 2015.
Mary Ziegler,
Assistant Administrator for Policy.

• Meet with NSF Assistant Directors
Thursday, September 17, 2015
• Discuss and refine draft of the
Decadal Vision for Environmental
Research and Education document
(Continued)
• Meet with the NSF Director
• AC Business—Set date for next
meeting
Dated: July 31, 2015.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2015–19295 Filed 8–5–15; 8:45 am]
BILLING CODE 7555–01–P

REAGAN-UDALL FOUNDATION FOR
THE FOOD AND DRUG
ADMINISTRATION
[BAC 416404]

[FR Doc. 2015–19272 Filed 8–5–15; 8:45 am]
BILLING CODE 4510–27–P

Request for Steering Committee
Nominations
Request for nominations to the
Steering Committee for the Foundation’s
Big Data for Patients (BD4P) Program.

ACTION:

NATIONAL SCIENCE FOUNDATION
Advisory Committee for Environmental
Research and Education: Notice of
Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for
Environmental Research and Education
(9487).
Dates: September 16 & 17, 2015: 8
a.m.–5 p.m.
Place: National Science Foundation,
4201 Wilson Blvd., Stafford I, Room
1235, Arlington, Virginia 22230.
Type of Meeting: Open.
Contact Person: Diane Pataki, Program
Director, National Science Foundation,
Suite 655, 4201 Wilson Blvd., Arlington,
Virginia 22230. Email: [email protected].
Minutes: May be obtained from the
contact person listed above.
Purpose of Meeting: To provide
advice, recommendations, and oversight
concerning support for environmental
research and education.
Agenda
Wednesday, September 16, 2015
• Approval of minutes from past
meeting
• Updates on recent NSF and other
agency environmental activities
• Distribute and discuss the group’s
new document entitled, America’s
Future: Environmental Research and
Education for a Thriving Century
• Presentation by Ken Calderia

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The Reagan-Udall Foundation
(RUF) for the Food and Drug
Administration (FDA), which was
created by Title VI of the Food and Drug
Amendments of 2007, is requesting
nominations for its Big Data for Patients
(BD4P) Steering Committee. The
Steering Committee will provide
oversight and guidance for the BD4P
program, and will report to the ReaganUdall Foundation for the FDA’s Board
of Directors.
DATES: All nominations must be
submitted to the Reagan-Udall
Foundation for the FDA by Friday,
September 4, 2015. The BD4P Steering
Committee members will be selected by
the Reagan-Udall Foundation for the
FDA’s Board of Directors; those selected
will be notified by September 30
regarding the Board’s decision. See the
SUPPLEMENTARY INFORMATION section for
Steering Committee responsibilities,
selection criteria and nomination
instructions.
SUMMARY:

The Reagan-Udall
Foundation for the FDA is located at
1025 Connecticut Ave. NW., Suite 1000,
Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
Questions should be sent to The ReaganUdall Foundation for the FDA, 202–
828–1205, [email protected].
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Background
The Reagan-Udall Foundation for the
FDA (the Foundation) is an independent

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