[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Notices]
[Pages 28242-28243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11897]


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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, Department of 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. 3056(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: Regulations 29 CFR part 547, 
Requirements of a ``Bona Fide Thrift or Savings Plan'' and Regulations 
29 CFR part 549, Requirements of a ``Bona Fide Profit-Sharing Plan or 
Trust''. A copy of the proposed information 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 July 15, 2011.

ADDRESSES: You may submit comments identified by Control Number 1235-
0013, by either one of the following methods: E-mail: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulation, Legislation, and Interpretation, Wage and Hour, 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: Mary Ziegler, Director, Division of 
Regulations, Legislation, and Interpretations, Wage and Hour, 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 may 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/TTD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

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 what constitutes a ``bona fide'' thrift or 
savings plan, profit-sharing plan or trust. The maintenance of the 
records required by the regulations enables Department of Labor 
investigators to determine whether contributions to a given thrift or 
savings plan, profit-sharing plan, or trust may be excluded in 
calculating the regular rate of pay for overtime purposes 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 November 30, 2011.
    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

[[Page 28243]]

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 approval for 
the extension of this currently approved information collection in 
order to determine whether contributions to a given thrift or savings 
plan or profit-sharing plan or trust may be excluded in calculating the 
regular rate of pay for overtime purposes under section (7)(e)(3)(b) of 
the Fair Labor Standards Act.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    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: 1235-0013.
    Affected Public: Business or not for- profit, Not-for-profit 
institution, Farms, and State, Local or Tribal Government.
    Total Respondents: 589,500.
    Total Annual Responses: 589,500.
    Estimated Total Burden Hours (Recordkeeping): 328.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

    Dated: May 10, 2011.
Mary Ziegler,
Director, Division of Regulation, Legislation, and Interpretation.
[FR Doc. 2011-11897 Filed 5-13-11; 8:45 am]
BILLING CODE 4510-27-P