60-day FR Notice

60-day FR notice 1235-0013 20170523.pdf

Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust

60-day FR Notice

OMB: 1235-0013

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Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices
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)
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
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). 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 ProfitSharing 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

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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, profitsharing 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.
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

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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 ProfitSharing Plan or Trust (29 CFR part 549).
OMB Control Number: 1235–0013.
Affected Public: Business or other forprofit, 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

DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Proposed Extension of Existing
Collection; Comment Request
Division of Federal Employees’
Compensation, Office of Workers’
Compensation Programs, Department of
Labor.
ACTION: Notice.
AGENCY:

II. Review Focus

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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

SUMMARY:

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