Proposed Collection; Comment Request
[08/10/2005]
Volume 70, Number 153, Page 46547-46548
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
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
[[Page 46548]]
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 proposed
collection: 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). 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 11, 2005.
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
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 a ``bona fide'' thrift or savings plan, profit-sharing
plan or trust. The maintenance of the records required by the
regulations enables the Department of Labor (DOL) investigators to
determine whether a given thrift or savings plan, profit-sharing plan
or trust, is 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 March 31, 2006.
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 the extension of approval to collect
this information in order to determine whether a given thrift or
savings plan or profit-sharing plan or trust is in compliance with
section (7)(e)(3)(b) of the FLSA.
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.
Frequency: On occasion.
Affected Public: Business or other for-profit; not-for-profit
institutions; farms; State, local, or tribal government.
Total Respondents: 716,000.
Total Annual Responses: 716,000.
Estimated Total Burden Hours (Recordkeeping): 2.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
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: August 4, 2005.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. 05-15780 Filed 8-9-05; 8:45 am]
BILLING CODE 4510-27-P
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