[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Pages 52693-52694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21529]


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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: Notice to Examinee, Work Experience and 
Career Exploration (WECEP) Regulations, 29 CFR 570.35a. 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 October 24, 2011.

ADDRESSES: You may submit comments identified by Control Number 1235-
0011, 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 
Regulation, Legislation, and Interpretation, 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

    The Fair Labor Standards Act (FLSA) section 3(l), 29 U.S.C. 203(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 or deemed hazardous, 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), 29 U.S.C. 211(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 contain 
the requirements and criteria for the employment of 14- and 15-year-
olds in specific occupations pursuant to a school-supervised and 
school-administered WECEP under the conditions CL Reg. 3 otherwise 
prohibits. In order to utilize the CL Reg. 3 WECEP provisions, 
Regulations 29 CFR 570.35a(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 that a 
written training agreement be prepared for each student participating 
in a WECEP and that such agreement be signed by the teacher-
coordinator, the employer, and the 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 WECEP. The records and copies must be 
maintained for three (3) years from the date of each student's 
enrollment in the program. This information collection is currently 
approved for use through December 31, 2011.

[[Page 52694]]

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 
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: Wage and Hour Division.
    Titles: Work Experience and Career Exploration Programs (WECEP) 
Regulations, 29 CFR 570.35a.
    OMB Number: 1235-0011.
    Affected Public: State, Local, or Tribal Government.
    Frequency: Biennially.
    Total Respondents: 37.
    Total Annual Responses: 14,287.
    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): $3.29.

    Dated: July 20, 2011.
Mary Ziegler,
Director, Division of Regulations, Legislation, and Interpretations.
[FR Doc. 2011-21529 Filed 8-22-11; 8:45 am]
BILLING CODE 4510-27-P