[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46547-46548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15780]


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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

[[Page 46548]]

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 proposed 
collection: 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). 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 October 11, 2005.

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 [email protected]. Please 
use only one method of transmission for comments (mail, fax, or e-
mail).

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 a ``bona fide'' thrift or savings plan, profit-sharing 
plan or trust. The maintenance of the records required by the 
regulations enables the Department of Labor (DOL) investigators to 
determine whether a given thrift or savings plan, profit-sharing plan 
or trust, is 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 March 31, 2006.

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 Department of Labor seeks the extension of approval to collect 
this information in order to determine whether a given thrift or 
savings plan or profit-sharing plan or trust is in compliance with 
section (7)(e)(3)(b) of the FLSA.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: 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).
    OMB Number: 1215-0119.
    Frequency: On occasion.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; farms; State, local, or tribal government.
    Total Respondents: 716,000.
    Total Annual Responses: 716,000.
    Estimated Total Burden Hours (Recordkeeping): 2.
    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: August 4, 2005.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. 05-15780 Filed 8-9-05; 8:45 am]
BILLING CODE 4510-27-P