[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Proposed Rules]
[Pages 67104-67105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28075]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Parts 570 and 579

RIN 1235-AA06


Child Labor Regulations, Orders and Statements of Interpretation; 
Child Labor Violations--Civil Money Penalties

AGENCY: Wage and Hour Division, Labor.

ACTION: Notice and Extension of comment period.

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SUMMARY: This document extends the period for filing written comments 
for an additional 30 days on the proposed revisions to the child labor 
regulations published on September 2, 2011. The Department of Labor 
(Department or DOL) is taking this action in order to provide 
interested parties additional time to submit comments.

DATES: The agency must receive comments on or before December 1, 2011. 
The period for public comments, which was to close on November 1, 2011, 
will be extended to December 1, 2011.

ADDRESSES: You may submit comments, identified by RIN 1235-AA06, by 
either one of the following methods:
    Electronic comments: Through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    Mail: Wage and Hour Division, 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 (Wage and 
Hour Division) and Regulatory Information Number identified above for 
this rulemaking (1235-AA06). All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided. Consequently, prior to including any individual's 
personal information such as Social Security Number, home address, 
telephone number, email addresses and medical data in a comment, the 
Department urges commenters carefully to consider that their 
submissions are a matter of public record and will be publicly 
accessible on the Internet. It is the commenter's responsibility to 
safeguard his or her information. Because we continue to experience 
delays in receiving mail in the Washington, DC area, commenters are 
strongly encouraged to transmit their comments electronically via the 
Federal eRulemaking Portal at http://www.regulations.gov or to submit 
them by mail early. For additional information on submitting comments 
and the rulemaking process, see the ``Public Participation'' heading of 
the SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Arthur M. Kerschner, Jr., Division of 
Enforcement Policy and Procedures, Branch of Child Labor and Special 
Employment, Wage and Hour Division, U.S. Department of Labor, Room S-
3510, 200 Constitution Avenue NW., Washington, DC 20210; telephone: 
(202) 693-0072 (this is not a toll free number). Copies of this notice 
of proposed rulemaking may be obtained in alternative formats (Large 
Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 
693-0023. TTY/TDD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.
    Questions of interpretation and/or enforcement of regulations 
issued by this agency or referenced in this notice may be directed to 
the nearest Wage and Hour Division District Office. Locate the nearest 
office by calling the Wage and Hour Division's toll-free help line at 
(866) 4US-WAGE ((866) 487-9243) between 8 a.m. and 5 p.m. in your local 
time zone, or log onto the Wage and Hour Division's Web site for a 
nationwide listing of Wage and Hour District and Area Offices at: 
http://www.dol.gov/whd/america2.htm.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access and Filing Comments

    Public Participation: This notice of proposed rulemaking is 
available

[[Page 67105]]

through the Federal Register and the http://www.regulations.gov Web 
site. You may also access this document via the Department's Web site 
at http://www.dol.gov/federalregister. To comment electronically on 
federal rulemakings, go to the Federal eRulemaking Portal at http://www.regulations.gov, which will allow you to find, review, and submit 
comments on federal documents that are open for comment and published 
in the Federal Register. Please identify all comments submitted in 
electronic form by the RIN docket number (1235-AA06). Because of delays 
in receiving mail in the Washington, DC area, commenters should 
transmit their comments electronically via the Federal eRulemaking 
Portal at http://www.regulations.gov, or submit them by mail early to 
ensure timely receipt prior to the close of the comment period. Submit 
one copy of your comments by only one method.

II. Request for Comment

    The Department is proposing to revise the child labor regulations 
issued pursuant to the Fair Labor Standards Act, which set forth the 
criteria for the permissible employment of minors under 18 years of age 
in agricultural and nonagricultural occupations. The proposal would 
implement specific recommendations made by the National Institute for 
Occupational Safety and Health, increase parity between the 
agricultural and nonagricultural child labor provisions, and also 
address other areas that can be improved, which were identified by the 
Department's own enforcement actions. The proposed agricultural 
revisions would impact only hired farm workers and in no way compromise 
the statutory child labor parental exemption involving children working 
on farms owned or operated by their parents.
    In addition, the Department proposes to revise the exemptions which 
permit the employment of 14- and 15-year-olds to perform certain 
agricultural tasks that would otherwise be prohibited to that age group 
after they have successfully completed certain specified training.
    The Department is also proposing to revise subpart G of the child 
labor regulations to incorporate all the regulatory changes to the 
agricultural child labor provisions made since that subpart was last 
revised. Finally, the Department is proposing to revise its civil money 
penalty regulations to incorporate into the regulations the processes 
the Department follows when determining both whether to assess a child 
labor civil money penalty and the amount of that penalty.
    In the Federal Register of September 2, 2011 (76 FR 54836), the 
Department of Labor published a proposed notice of rulemaking 
requesting public comments on proposed revisions to the child labor 
regulations issued pursuant to the Fair Labor Standards Act, which set 
forth the criteria for the permissible employment of minors under 18 
years of age in agricultural and nonagricultural occupations. 
Interested parties were requested to submit comments on or before 
November 1, 2011.
    The Department has received requests to extend the period for 
filing public comments from members of Congress and various 
agricultural business organizations, including, but not limited to: 
American Sheep Industry Association; National Cattlemen's Beef 
Association; National Pork Producers Council; National Turkey 
Federation; California Farm Bureau Federation; National Association of 
State Departments of Agriculture; National Association of Agricultural 
Employers; National FFA Organization; and the American Farm Bureau 
Federation. Because of the interest that has been expressed in this 
matter, the Department has decided to extend the period for submitting 
public comment for 30 additional days.

    Dated: October 26, 2011.
Nancy J. Leppink,
Deputy Administrator, Wage and Hour Division.
[FR Doc. 2011-28075 Filed 10-28-11; 8:45 am]
BILLING CODE 4510-27-P