[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88126-88127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27965]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Requirements of a Bona Fide Thrift Savings 
Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department) is soliciting comments

[[Page 88127]]

concerning a proposed extension of the information collection request 
(ICR) titled ``Requirements of a Bona Fide Thrift Savings Plan and 
Requirements of a Bona Fide Profit-Sharing Plan or Trust.'' This 
comment request is part of continuing Departmental efforts to reduce 
paperwork and respondent burden in accordance with the Paperwork 
Reduction Act of 1995 (PRA). 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. 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 February 20, 2024.

ADDRESSES: You may submit comments identified by Control Number 1235-
0013, by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, 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. Commenters are strongly encouraged to transmit their 
comments electronically via email 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 Office of Management and Budget (OMB) approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
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). Alternative formats are available upon request by calling 
1-866-487-9243. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION:

I. Background

    This extension is for the Requirements of a Bona Fide Thrift or 
Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or 
Trust information collection. The information collection requirements 
apply to employers claiming the overtime exemption available under Fair 
Labor Standards Act section 7(e)(3)(b), 29 U.S.C. 207(e)(3)(b). 
Specifically, in calculating an employee's regular rate of pay, an 
employer need not include contributions made to a bona fide thrift or 
savings plan or a bona fide profit-sharing plan or trust--as defined in 
regulations 29 CFR parts 547 and 549. An employer is required to 
communicate, or to make available to its employees, the terms of the 
bona fide thrift, savings, or profit-sharing plan or trust and to 
retain certain records. Fair Labor Standards Act section 11(c) 
authorizes this information collection. See 29 U.S.C. 211(c).
    Interested parties are encouraged to send comments to the 
Department at the address shown in the ADDRESSES section within 60 days 
of publication of this notice in the Federal Register. To help ensure 
appropriate consideration, comments should reference OMB Control Number 
1235-0013.

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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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 an approval for the extension of this 
information collection to ensure effective administration of the FLSA 
as it relates to the Requirements of a Bona Fide Thrift Savings Plan 
and Requirements of a Bona Fide Profit-Sharing Plan or Trust.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Requirements of a Bona Fide Thrift Savings Plan and 
Requirements of a Bona Fide Profit-Sharing Plan or Trust.
    OMB Control Number: 1235-0013.
    Affected Public: Business or other for-profit, non-profits.
    Total Respondents: 3,254,524.
    Total Annual Responses: 4,393,607.
    Estimated Total Burden Hours: 2,441.
    Estimated Time per Response: 2 seconds.
    Frequency: On occasion.
    Total Burden Costs: $134,914.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $0.

    Dated: December 15, 2023.
Amy Hunter,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2023-27965 Filed 12-19-23; 8:45 am]
BILLING CODE 4510-27-P