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November 05, 2008 DOL Home > Federal Register > Notices > ESA
ESA Notices

Proposed Extension of the Approval of Information Collection Requirements   [8/6/2008]
[PDF]
FR Doc E8-18021
[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]               
[Page 45789-45790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au08-107]                         

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DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Extension of the Approval of Information Collection 
Requirements

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. 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: Work Experience and Career Exploration (WECEP) 
Regulations, 29 CFR 570.35a. 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 October 6, 2008.

ADDRESSES: Ms. 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
    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 contains 
the requirements and criteria for the use of 14- and 15-year olds and 
the occupations permitted for them, and the conditions of employment 
that allow for the employment of 14- and 15-year olds, 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 the preparation of a written training agreement for each 
student participating in a WECEP and that such agreement be signed by 
the teacher-coordinator, employer, and 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

[[Page 45790]]

program. This information collection is currently approved for use 
through April 30, 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 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: Employment Standards Administration.
    Titles: Work Experience and Career Exploration Programs (WECEP) 
Regulations, 29 CFR 570.35a.
    OMB Number: 1215-0121.
    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): $3.15.
    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 31, 2008.
Hazel M. Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. E8-18021 Filed 8-5-08; 8:45 am]

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