[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Notices]
[Pages 68060-68061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32789]


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DEPARTMENT OF LABOR
Employment Standards Administration


Proposed Collection; Comment Request

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 Employment Standards Administration is soliciting 
comments concerning two proposed extension collections: (1) Work 
Experience and Career Exploration Programs--29 CFR Part 570.35A; and 
(2) Regulations to Implement the Remedial Education Provisions of the 
Fair Labor Standards Amendments of 1989--29 CFR 516.34. Copies of the 
proposed information collection requests can be obtained by contacting 
the office listed below in the addressee section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before February 26, 1997. The Department 
of Labor is particularly interested in comments which:
     evaluate whether the proposed collection of information is 
necessary for the 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.

ADDRESSEE: Mr. Rich Elman, U.S. Department of Labor, 200 Constitution 
Ave., N.W., Room S-3201, Washington, D.C. 20210, telephone (202) 219-
6375 (this is not a toll-free number), fax 202-219-6592.

SUPPLEMENTARY INFORMATION:

Work Experience and Career Exploration Programs (WECEP)--29 CFR 
Part 570.35A

    I. Background: Section (3)(1) of the Fair Labor Standards Act 
(FLSA) provides the Secretary of Labor with the authority to prescribe 
employment standards for minors under the age of 18. It further permits 
the waiver of those standards for minors between 14 and 15 years of age 
in occupations other than manufacturing and mining, where such 
employment is confined to periods which will not interfere with the 
health and well-being of such minors. Section 570.35(b)(2) requires a 
State Educational Agency to file an application for approval of a State 
WECEP program as one not interfering with schooling or with the health 
and well-being of the minors involved and therefore not constituting 
oppressive child labor. Section 570.35a(b)(3)(vi) of the regulations 
requires each student participating in a WECEP to execute a written 
training agreement signed by the teacher-coordinator, the employer and 
the student and signed or otherwise consented by the student's parent 
or guardian. Section 570.35a(b)(4)(ii) of the regulations requires that 
the State Educational Agency keep a record of the names and addresses 
of each school enrolling WECEP students and the number of enrollees in 
each unit. A copy of the written training agreement for each student 
participating in the program is to be kept in the State Educational 
Agency Office or in the local educational office for a period of 3 
years from the date of enrollment in the program.
    II. Current Actions: The Department of Labor seeks extension 
approval to collect this information to carry out its responsibility to 
determine whether a WECEP program meets requirements specified in 
Section 570.35a of the Regulations, 29 CFR Part 570, as necessary to 
permit the employment of minors 14 and 15 years of age under conditions 
and in occupations which are otherwise prohibited by Child Labor 
Regulation 3. Without this information, the Administrator, Wage and 
Hour Division, would not have the means to determine whether or not the 
proposed program meets the regulatory criteria.

Regulations to Implement the Remedial Education Provisions of the Fair 
Labor Standards Amendments of 1989--29 CFR 516.34

    I. Background: The Fair Labor Standards Act (FLSA) sets minimum 
wage, overtime (OT) pay, child labor and recordkeeping standards. The 
requirements apply to employees engaged in interstate commerce or in 
the production of goods for interstate commerce and to employees in 
certain enterprises (including employees of a public agency). However, 
the law provides exemptions for some of its standards for employees in 
certain types of employment. Pursuant to Sec. 7(q) of the FLSA, as 
amended, employees who lack a high school diploma or whose reading 
level or basic skills are at or below the eighth grade level may be 
required to attend up to ten hours per week of remedial education. The 
employer-provided remedial education must be designed to provide these 
basic skills or to fulfill the requirements for a high school diploma 
or General Education Development (GED) Certificate and may not include 
job-specific training. Employees subject to OT provisions of the FLSA 
ordinarily must be paid one and one-half times their regular rates of 
pay for all hours worked over 40 in each workweek (FLSA Sec. 7 (a)). 
The additional hours devoted to such remedial education, whether 
voluntarily attended by the employee or required as a condition of 
employment would not have to be compensated at the time and one-half OT 
rate set forth in FLSA Sec. 7(a). However, employees must receive 
compensation at their regular rate of pay for time spent receiving such 
remedial education. The basic recordkeeping requirements for employers 
of employees subject to the FLSA are contained in Regulations, 29 CFR 
Part 516, Records to be Kept by Employers.

[[Page 68061]]

    II. Current Actions: The Department of Labor seeks extension 
approval to collect this information to carry out its responsibility 
to review and determine employers' compliance with Sec. 7(q) of 
FLSA. Failure to require such records to be kept would make it very 
difficult to determine compliance.
    Current Actions: The Department of Labor seeks extension approval 
to collect this information to carry out its responsibility to review 
and determine employers' compliance with Sec. 7(q) of FLSA. Failure to 
require such records to be kept would make it very difficult to 
determine compliance.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Work Experience and Career Exploration Programs (WECEP)--29 
CFR Part 570.35A.
    OMB Number: 1215-0121.
    Affected Public: State or Local or Tribal government; Individuals 
or households.
    Total Respondents: 16,016.
    Frequency: Biennially.
    Total Responses: 16,016.
    Estimated Time per Response for Reporting: 2 hours per WECEP 
application; 1 hour per training agreement.
    Average Time per Response for Recordkeeping: 2 hours per WECEP; 
one-half minute per training agreement.
    Estimated Total Burden Hours: 8,166.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $3.00.

    Type of Review: Extension.
    Agency: Employment Standards Administration
    Title: Regulations to Implement the Remedial Education Provisions 
of the Fair Labor Standards Amendments of 1989--29 CFR 516.34.
    OMB Number: 1215-0175.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions; State or Local or Tribal government.
    Total Respondents: 15,000.
    Frequency: On occasion.
    Total Responses: 15,000.
    Average Time Per Response for Reporting: 10 minutes per affected 
employee per year.
    Estimated Total Burden Hours: 5,000.
    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: December 19, 1996.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 96-32789 Filed 12-24-96; 8:45 am]
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