[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30861-30862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13282]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Labor.

ACTION: Notice.

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SUMMARY: 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. 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 Wage and Hour Division is soliciting comments concerning 
its proposal to extend Office of Management and Budget (OMB) approval 
of the Information Collection: Special Employment Under the Fair Labor 
Standards Act (Forms WH-2, WH-46, WH-75, WH-200, WH-201, WH-202, WH-
205, and WH-209). A copy of the proposed information collection 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 August 2, 2010.

ADDRESSES: You may submit comments identified by Control Number 1235-
0001, by either one of the following methods:
    E-mail: <a href="/cdn-cgi/l/email-protection#06514e4256544745696b6b636872754662696a28616970"><span class="__cf_email__" data-cfemail="36617e7266647775595b5b535842457652595a18515940">[email protected]</span></a>;
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, 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 e-mail 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: Michel Smyth, Acting Director, 
Division of Interpretations and Regulatory Analysis, 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). Copies of this notice must 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/TDD 
callers may dial toll-free (877) 889-5627 to obtain information or 
request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 
    I. Background: Fair Labor Standards Act (FLSA) section 11(d) 
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 outerwear, 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-.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 an invalid. 
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

[[Page 30862]]

operations. See 29 CFR 530.101. Consistent with FLSA sections 11(d) and 
14(c), the Wage and Hour Division (WHD) of DOL 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.
    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 519.1(a)); and (2) 
institutions of higher education (29 U.S.C. 214(b)(3); 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 U.S. 
Department of Labor (DOL), Bureau of Apprenticeship and Training (BAT) 
no longer permit the payment of subminimum wages to apprentices in an 
approved program. 29 CFR 29.5(b)(5). The DOL, thus, 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. In order to improve the 
management of its information collections, the DOL is proposing to 
consolidate the information collections related to special employment 
under the FLSA into a single OMB control number, 1235-0001. A list of 
the current control numbers appears near the end of this Notice.
    II. Review Focus: The DOL is particularly interested in comments 
which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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 DOL seeks 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: Special Employment Under the Fair Labor Standards Act.
    OMB Numbers: 1235-0001, 1235-0019, 1235-0020, 1235-0022.
    Agency Numbers: Forms WH-2, WH-46, WH-75, WH-200, WH-201, WH-202, 
WH-205, WH-209, WH-226, WH-226a.
    Affected Public: Businesses or other for-profits and non-profits.
    Respondents: 308,055.
    Total Annual Responses: 308,055.
    Estimated Total Burden Hours: 614,688.
    Estimated Time per Response: 30 to 60 minutes.
    Frequency: On occasion.
    Total Burden Costs (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $1,957.08.

    Dated: May 27, 2010.
Michel Smyth,
Acting Director, Division of Interpretations and Regulatory Analysis.
[FR Doc. 2010-13282 Filed 6-1-10; 8:45 am]
BILLING CODE 4510-27-P


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