[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]               
[Page 39725-39726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy08-89]                         

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Extension of the Approval of Information Collection 
Requirements

ACTION: Notice.

-----------------------------------------------------------------------

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 proposal to extend 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 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 September 8, 2008.

ADDRESSES: 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 bell.hazel@dol.gov. Please use only one 
method of transmission for comments (mail, fax, or E-mail).

SUPPLEMENTARY INFORMATION: 

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 
February 28, 2009.

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 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: Employment Standards Administration.
    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: 1215-0119.
    Affected Public: Business or not for-profit, Not-for-profit 
institution, Farms, and State, Local or Tribal Government.
    Total Respondents: 844,000.
    Total Annual Responses: 844,000.
    Estimated Total Burden Hours (Recordkeeping): 4.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

[[Page 39726]]

    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: July 3, 2008.
Ruben Wiley,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
 [FR Doc. E8-15725 Filed 7-9-08; 8:45 am]

BILLING CODE 4510-27-P