Proposed Collection; Comment Request
[09/28/2005]
Volume 70, Number 187, Page 56744-56745
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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 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: Work Experience and Career
Exploration Programs (WECEP) Regulations, 29 CFR part 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 November 28, 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
The Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., section
(3)(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, 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) 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 describing the criteria for
use, occupations permitted and conditions of employment that allow
employment of 14- and 15-year olds-pursuant to a school-supervised and
school-administered Work Experience and Career Exploration Program
(WECEP)--under the conditions CL Reg. 3 otherwise prohibits. In order
to utilize the CL Reg. 3 WECEP provisions, regulations 29 CFR
570.35(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 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
program and maintain these records for 3 years from the date of
enrollment in the program. 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
[[Page 56745]]
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 approval of the extension of this
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 Part 570.35a.
OMB Number: 1215-0121.
Affected Public: Individual or households; State, Local or Tribal
Government.
Frequency: Biennially.
Total Respondents: 14,014.
Total Annual Responses: 14,014.
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): $2.80.
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: September 22, 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. 05-19325 Filed 9-27-05; 8:45 am]
BILLING CODE 4510-27-P
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