57152 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$4.50 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. 

Robert E. Maher, Jr., 

Section Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E8–22995 Filed 9–30–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Extension of the Approval of 

Information Collection Requirements 

ACTION: Notice. 

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 

Employment Standards Administration 

is soliciting comments concerning the 

proposal to extend OMB approval of the 

information collection: Partial Overtime 

Exemption for Remedial Education (29 

U.S.C. 207(q) and 29 CFR 516.34). 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 

December 1, 2008. 

ADDRESSES: Ms. Hazel M. Bell, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0418, 

fax (202) 693–1451, E-mail 

bell.hazel@dol.gov. Please use only one 

method of transmission for comments 

(mail, fax, or e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background: The Fair Labor 

Standards Act (FLSA), 29 U.S.C. 201, et 

seq. , sets the federal minimum wage, 

overtime pay, recordkeeping, and youth 

employment standards of most general 

application. See 29 U.S.C. 206, 207, 211, 

and 212. FLSA requirements apply to 

employers and employees engaged in 

interstate commerce or in the 

production of goods for interstate 

commerce and of employees in certain 

enterprises, including employees of a 

public agency; the FLSA contains 

exemptions that apply to employees in 

certain types of employment. See 29 

U.S.C. 213, et al. 

The FLSA generally requires 

employers to pay overtime hours 

worked by covered employees at time 

and one-half the employee’s regular rate 

of pay. See 29 U.S.C. 207(a)(1); 29 CFR 

778. FLSA section 7(q) provides a 

partial overtime exemption that allows 

an employer to employ any employee 

who lacks a high school diploma or 

whose reading level or basic skills is at, 

or below, the eighth grade level for up 

to ten overtime hours per week without 

paying the usually required half-time 

premium, if the employee is receiving 

remedial education during such 

overtime hours. 29 U.S.C. 207(q); See 

also 29 CFR 778.603. The employerprovided remedial education must be 

designed to provide up to eighth grade 

level basic skills or to fulfill the 

requirements for a high school diploma 

or General Educational Development 

(GED) certificate and may not include 

job-specific training. 29 U.S.C. 207(q); 

29 CFR 778.603. The employer must 

also compensate for time spent in such 

remedial education at no less than the 

employee’s regular rate of pay. 29 U.S.C. 

207(a), (q); 29 CFR 778.603. Regulations, 

29 CFR 516, Records to be Kept by 

Employers, contains the basic 

recordkeeping requirements for 

employers of employees subject to FLSA 

protections. In addition to the basic 

recordkeeping requirements, employers 

using this partial overtime exemption 

must indicate the hours an employee 

engages in exempt remedial education 

each workday and total hours each work 

week. 29 CFR 516.34, 778.603. The 

employer may either state the hours 

separately or make a notation on the 

payroll. 29 CFR 516.34, and 778.603. 

The subject information collection 

relates only to the section 516.34 

requirements. This information 

collection is currently approved for use 

through April 30, 2009. 

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 DOL seeks 

approval for the extension of this 

currently approved information 

collection in order to carry out its 

responsibility to review and determine 

employer compliance with the 

applicable section of the FLSA. These 

recordkeeping requirements for 

employers utilizing the partial overtime 

exemption for remedial education are 

necessary to ensure employees are paid 

in compliance with the FLSA. 

Type of Review: Extension. 

Agency: Employment Standards 

Administration. 

Titles: Partial Overtime Exemption for 

Remedial Education. 

OMB Number: 1215–0175. 

Affected Public: Business or other forprofit; Not-for-profit institutions. 

Type of Response: Recordkeeping. 

Total Respondents: 15,000. 

Total Annual Responses: 30,000. 

Estimated Total Burden Hours: 5,000. 

Estimated Time per Response: 1 

minute per week for 10 weeks (10 

minutes per year). 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $0. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: September 25, 2008. 

Hazel M. Bell, 

Acting Chief, Branch of Management Review 

and Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. E8–22935 Filed 9–30–08; 8:45 am] 

BILLING CODE 4510–27–P 


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