97-4790. Proposed Collection; Comment Request  

  • [Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
    [Notices]
    [Pages 8994-8995]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-4790]
    
    
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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
    
    [[Page 8995]]
    
    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 two proposed 
    extension information collections: (1) the Notice of Final Payment or 
    Suspension of Compensation Benefits (LS-208) and (2) Request for 
    Earnings Information (LS-426).
        Copies of the proposed information collection requests can be 
    obtained by contacting the office listed below in the addressee section 
    of this notice.
    
    DATES: Written comments must be submitted to the office listed in the 
    addressee section below on or before April 28, 1997. 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.
    
    ADDRESSES: Ms. Margaret Sherrill, U.S. Department of Labor, 200 
    Constitution Ave., N.W., Room S-3201, Washington, D.C. 20210, telephone 
    (202) 219-7601. (This is not a toll-free number.), Fax 202-219-6592.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Under Section 14(g) of the Longshore and Harbor Workers 
    Compensation Act (LHWCA), the employer or its insurance carrier must 
    file a report of the compensation paid to a claimant at the time final 
    payment is made. The Act requires that the form must be filed within 
    sixteen days of the final payment of compensation with the District 
    Director in the compensation district in which the injury occurred. The 
    form requests information regarding the beginning and ending dates of 
    compensation payments, compensation rates, reason payments were 
    terminated and types and amount of compensation payments. Filing of the 
    report is mandatory as failure to do so is subject to a civil penalty.
    
    II. Current Actions
    
        The Department of Labor (DOL) seeks extension of approval to 
    collect this information in order to carry out its responsibility to 
    notify Office of Workers' Compensation Programs (OWCP) District Offices 
    that payment of compensation benefits has been stopped or suspended in 
    a case. The report is required by law. If the report were not filed, 
    our offices would have no way to determine whether payments have been 
    suspended in a case and therefore would not be able to effectively 
    manage the case file and verify that the injured worker had received 
    all benefits that he/she is entitled to receive under the Act.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: Notice of Final Payment or Suspension of Compensation 
    Benefits.
        OMB Number: 1215-0024.
        Agency Numbers: LS-208.
        Affected Public: Business or other for-profit.
        Total Respondents: 500.
        Frequency: On occasion.
        Total Responses: 28,000.
        Average Time Per Response for Reporting: 15 minutes.
        Estimated Total Burden Hours: 7,000.
        Total Burden Cost (capital/startup): 0.
        Total Burden Cost (operating/maintenance): $700.
    
    I. Background
    
        Pursuant to Section 8 of the LHWCA, injured employees shall receive 
    compensation in an amount equal to 66 and two-thirds percent of their 
    average weekly wage. Form LS-426 is used to verify the average weekly 
    wage of an injured employee to determine if the correct compensation 
    rate is being paid. Pursuant to Section 10 of the Act, the average 
    weekly wage of the injured employee may be determined by using those 
    wages earned in the occupation which the injury occurred or wages 
    earned in different occupations. Depending on whether similar or other 
    employment is involved, the average weekly wage will be determined 
    under either Section 10 (a), (b), or (c) of the Act.
    
    II. Current Actions
    
        The Department of Labor seeks extension of approval to collect this 
    information to assure that injured workers are paid at the proper 
    compensation rate. The form benefits the injured worker. It provides a 
    simple method for him/her to provide the OWCP with prior earnings 
    information. If the information were not collected, injured workers 
    would not be paid the proper compensation rate in all cases.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: Request for Earnings Information.
        OMB Number: 1215-0112.
        Affected Public: Individuals or households.
        Total Respondents: 1,900.
        Frequency: On occasion.
        Total Responses: 1,900.
        Average Time Per Response for Reporting: 15 minutes.
        Estimated Total Burden Hours: 475.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $665.
        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 requests; they will also become 
    a matter of public record.
    
        Dated: February 21, 1997.
    Cecily A. Rayburn,
    Director, Division of Financial Management, Office of Management, 
    Administration and Planning, Employment Standards Administration.
    [FR Doc. 97-4790 Filed 2-26-97; 8:45 am]
    BILLING CODE 4510-27-M
    
    
    

Document Information

Published:
02/27/1997
Department:
Employment Standards Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
97-4790
Dates:
Written comments must be submitted to the office listed in the
Pages:
8994-8995 (2 pages)
PDF File:
97-4790.pdf