2018-04203. Agency Information Collection Activities; Submission for OMB Review; Comment Request; Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust  

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    AGENCY:

    Office of the Secretary, DOL.

    ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, “Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust,” to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

    DATES:

    The OMB will consider all written comments that agency receives on or before April 2, 2018.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http://www.reginfo.gov/​public/​do/​PRAViewICR?​ref_​nbr=​201705-1235-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at DOL_PRA_PUBLIC@dol.gov.

    Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-WHD, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor—OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.

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    FOR FURTHER INFORMATION CONTACT:

    Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at DOL_PRA_PUBLIC@dol.gov.

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    SUPPLEMENTARY INFORMATION:

    This ICR seeks to extend PRA authority 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).

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1235-0013. For additional substantive information about this ICR, see the related notice published in the Federal Register on May 23, 2017 (82 FR 23613).

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1235-0013. The OMB is particularly interested in comments that:

    • 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 submission of responses.

    Agency: DOL-WHD.

    Title of Collection: Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust.

    OMB Control Number: 1235-0013.

    Affected Public: Private Sector—businesses or other for-profits, farms, and not-for-profit institutions.

    Total Estimated Number of Respondents: 985,807.

    Total Estimated Number of Responses: 985,807.

    Total Estimated Annual Time Burden: 548 hours.

    Total Estimated Annual Other Costs Burden: $0.

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    Authority: 44 U.S.C. 3507(a)(1)(D).

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    Michel Smyth,

    Departmental Clearance Officer.

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    [FR Doc. 2018-04203 Filed 2-28-18; 8:45 am]

    BILLING CODE 4510-27-P

Document Information

Published:
03/01/2018
Department:
Labor Department
Entry Type:
Notice
Action:
Notice of availability; request for comments.
Document Number:
2018-04203
Dates:
The OMB will consider all written comments that agency receives on or before April 2, 2018.
Pages:
8898-8898 (1 pages)
PDF File:
2018-04203.Pdf
Supporting Documents:
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unemployment Insurance State Quality Service Plan Planning and Reporting Guidelines
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Price Program U.S. Import and Export Price Indexes
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claim Adjudication Process for Alleged Presence of Pneumoconiosis
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Exchange on Employment and Disability Initiative Evaluation
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Job Corps Placement and Assistance Record
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Transit Act Urban Program Transit Worker Protections
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Domestic Agricultural In-Season Wage Report
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securing Financial Obligations under the Longshore and Harbor Workers' Compensation Act and its Extensions
» Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registered Apprenticeship College Consortium