Agency Information Collection Activities; Submission for OMB Review; Comment Request; Fair Labor Standards Act Special Employment Provisions
| Published date | 13 July 2021 |
| Citation | 86 FR 36775 |
| Record Number | 2021-14813 |
| Section | Notices |
| Court | Labor Department |
Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)
[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Page 36775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14813]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Fair Labor Standards Act Special Employment
Provisions
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour
Division (WHD)-sponsored information collection request (ICR) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act of 1995 (PRA). Public
comments on the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before August 12, 2021.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Comments are invited on: (1) Whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) if the information will be processed and used in a timely
manner; (3) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (4) ways to enhance the quality,
utility and clarity of the information collection; and (5) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT: Crystal Rennie by telephone at 202-
693-0456 or by email at [email protected].
SUPPLEMENTARY INFORMATION: This information collection pertains to the
Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., special
employment provisions. These provisions relate to restrictions on
industrial homework and to the use of special certificates that allow
for the employment of categories of workers who may be paid less than
the general Federal statutory minimum wage to the extent necessary to
prevent curtailment of their employment opportunities. For this
revision request specifically, the Department proposes to revise forms
WH-226 (Application for Authority to Employ Workers with Disabilities
at Special Minimum Wages) and WH-226A (Supplemental Data Sheet for
Application for Authority to Employ Workers with Disabilities at
Special Minimum Wages). The proposed change is to provide an electronic
form for the public's use when completing the WH-226 and/or WH-226A
forms. An online platform has been created so the WH-226 and WH-226A
forms may be submitted electronically. The substance of the proposed
electronic forms is substantially the same with minor word changes to
accommodate the type of submission (electronic versus paper). For
additional substantive information about this ICR, see the related
notice published in the Federal Register on March 17, 2021 (86 FR
14648).
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB approves it and displays a currently valid
OMB Control Number. In addition, notwithstanding any other provisions
of law, no person shall generally be subject to penalty for failing to
comply with a collection of information that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-WHD.
Title of Collection: Fair Labor Standards Act Special Employment
Provisions.
OMB Control Number: 1235-0001.
Affected Public: Private Sector, Businesses or other for-profits,
Not-for-profit.
Total Estimated Number of Respondents: 335,271.
Total Estimated Number of Responses: 1,329,967.
Total Estimated Annual Time Burden: 684,595 hours.
Total Estimated Annual Other Costs Burden: $1,085.
Authority: 44 U.S.C. 3507(a)(1)(D).
Crystal Rennie,
Senior PRA Analyst.
[FR Doc. 2021-14813 Filed 7-12-21; 8:45 am]
BILLING CODE 4510-27-P
