[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Pages 56744-56745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19325]


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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 the proposed collection: Work Experience and Career 
Exploration Programs (WECEP) Regulations, 29 CFR part 570.35a. 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 November 28, 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

    The Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., section 
(3)(l) establishes a minimum age of 16 years for most nonagricultural 
employment but allows the employment of 14- and 15 year olds in 
occupations other than manufacturing and mining, if the Secretary of 
Labor determines such employment is confined to (1) periods that will 
not interfere with the minor's schooling and (2) conditions that will 
not interfere with the minor's health and well-being. FLSA section 
11(c) requires all employers covered by the FLSA to make, keep and 
preserve records of their employees' wages, hours and other conditions 
and practices of employment. Regulations issued by the Secretary of 
Labor prescribe the recordkeeping and reporting requirements for these 
records. Subpart C of Regulations, 29 CFR part 570, Child Labor 
Regulations, Orders and Statements of Interpretation, sets forth the 
employment standards for 14- and 15-year olds (CL Reg. 3). Regulations 
29 CFR 570.35a contains the requirements describing the criteria for 
use, occupations permitted and conditions of employment that allow 
employment of 14- and 15-year olds-pursuant to a school-supervised and 
school-administered Work Experience and Career Exploration Program 
(WECEP)--under the conditions CL Reg. 3 otherwise prohibits. In order 
to utilize the CL Reg. 3 WECEP provisions, regulations 29 CFR 
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. 
Regulations 29 CFR 570.35a(b)(3)(vi) requires preparation of a written 
training agreement for each student participating in a WECEP and that 
such agreement be signed by the teacher-coordinator, employer and 
student. The regulation also requires the student's parent or guardian 
to sign or otherwise consent to the agreement, in order for it to be 
valid. Regulations 29 CFR 570.35a(b)(4)(ii) requires state education 
agencies to keep a record of the names and addresses of each school 
enrolling WECEP students and the number of enrollees in each unit. The 
state or local educational agency office must keep a copy of the 
written training agreement for each student participating in the 
program and maintain these records for 3 years from the date of 
enrollment in the program. 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

[[Page 56745]]

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 approval of the extension of this 
information collection in order to carry out its responsibility to 
ensure compliance with the youth employment provisions of the FLSA and 
its regulations. Without this information, the Administrator would have 
no means to determine if the proposed program meets the regulatory 
requirements.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Work Experience and Career Exploration Programs (WECEP) 
Regulations, 29 CFR Part 570.35a.
    OMB Number: 1215-0121.
    Affected Public: Individual or households; State, Local or Tribal 
Government.
    Frequency: Biennially.
    Total Respondents: 14,014.
    Total Annual Responses: 14,014.
    Average Time Per Response:
    Reporting:
    WECEP Application--2 hours.
    Written Training Agreement--1 hour.
    Recordkeeping:
    WECEP Program Information--1 hour.
    Filing of WECEP Record and Training Agreement--one-half minute.
    Total Burden Hours: 14,145.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $2.80.
    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 22, 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. 05-19325 Filed 9-27-05; 8:45 am]
BILLING CODE 4510-27-P