99-12089. Proposed Collection; Comment Request  

  • [Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
    [Notices]
    [Pages 25914-25916]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-12089]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF LABOR
    
    Employment Standards Administration
    
    
    Proposed Collection; Comment Request
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    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 following proposed extension collections: (1) 
    Regulations, 29 CFR Part 801, Application of the Employee Polygraph 
    Protection Act of 1988; (2) Certificate of Medical Necessity (CM-893); 
    (3) Representative Payee Report (CM-623), Representative Payee Report 
    (CM-623S), and Physician's/Medical Officer's Report (CM-787); (4) 
    Housing Terms and Conditions (WH-521); and (5) FECA Medical Report 
    Forms and Claim for Compensation (CA-16b, CA-17b, CA-20, CA-1090, CA-
    1303, CA-1305, CA-1306, CA-1314, CA-1316, CA-1331, A-1332, CA-1336, 
    OWCP-5a, OWCP-5b, OWC-5c, and CA-7). A copy 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 July 14, 1999. 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. Patricia A. Forkel, U. S. Department of Labor, 200 
    Constitution Ave., N.W., Room S-3201, Washington, D.C. 20210, telephone 
    (202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.
    
    SUPPLEMENTARY INFORMATION:
    
    Regulations, 29 CFR Part 801, Application of the Employee Polygraph 
    Protection Act of 1988
    
        I. Background: The Employee Polygraph Protection Act of 1988 (EPPA) 
    prohibits most private employers from using any lie detector tests 
    whether for preemployment screening or during the course of employment. 
    The law contains several limited exemptions which authorize polygraph 
    tests under certain conditions. Section 5 of the Act requires the 
    Secretary of Labor to promulgate such rules and regulations as may be 
    necessary to carry out the Act and require the keeping of records 
    necessary or appropriate for the administration of the Act.
        II. Current Actions: The Department of Labor seeks an extension of 
    approval of the recordkeeping and third party disclosure requirements 
    of the regulations in order to insure that polygraph examinees receive 
    the rights and protections mandated by the Act.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: 29 CFR Part 801, Application of the Employee Polygraph 
    Protection Act.
        OMB Number: 1215-0170.
        Agency Number: None.
        Affected Public: Individuals or households; Business or other for-
    profit; Not-for-profit institutions.
        Total Respondents: 328,000.
        Frequency: Recordkeeping; Reporting on occasion; Third party 
    disclosure.
        Total Responses: 328,000.
        Time per Response: 1 minute to \1/2\ hour.
        Estimated Total Burden Hours: 82,406.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $0.
    
    Certificate of Medical Necessity, CM-893
    
        I. Background: 30 USC 932 of Public Law 803, as amended, stipulates 
    that coal miners eligible for black lung benefits will be furnished 
    medical treatment, including services and apparatus, for such period as 
    the nature of the illness (pneumoconiosis) or process of recovery will 
    require.
        II. Current Actions: The Department of Labor seeks the extension of 
    approval to collect this information in order to determine if the miner 
    meets the specific impairment standards to qualify for durable medical 
    equipment, home nursing care and/or pulmonary rehabilitation.
        Type of Review: Extension.
    
    [[Page 25915]]
    
        Agency: Employment Standards Administration.
        Title: Certificate of Medical Necessity.
        OMB Number: 1215-0113.
        Agency Number: CM-893.
        Affected Public: Businesses or other for-profit; Individuals or 
    households.
        Total Respondents: 9,000.
        Frequency: On occasion.
        Total Responses: 9,000.
        Average Time per Response: 20 to 40 minutes.
        Estimated Total Burden Hours: 3,600.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $0.
    
    Representative Payee Report (CM-623), Representative Payee Report 
    (CM-623S), Physician's/Medical Officer's Report (CM-787)
    
        I. Background: Benefits due to a black lung beneficiary under the 
    Federal Mine Safety and Health Act (30 USC 901) may be paid to a 
    representative payee on behalf of the beneficiary when the beneficiary 
    is unable to manage his/her benefits due to incapability, incompetence 
    or minority. The CM-623 is sent to representative payees who are not 
    relatives of the beneficiary. The CM-623S, which is a shortened version 
    of the CM-623, is sent to representative payees who are relatives of, 
    and live with, the beneficiary. In a small number of cases, it is 
    necessary to determine the incapability or incompetence of a 
    beneficiary to manage his/her monthly benefits. The CM-787 is a form 
    used to collect certain medical information from a physician regarding 
    a beneficiary's competency.
        II. Current Actions: The Department of Labor seeks extension of 
    approval to collect this information in order to determine the 
    beneficiary' capability to manage their monthly black lung benefits, 
    and to ensure that benefits paid to a representative payee are used for 
    the beneficiary's well-being.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title(s): Representative Payee Report, Physician/Medical Officer's 
    Report.
        OMB Number: 1215-0173.
        Agency Number(s): CM-623, CM-623S, CM-787.
        Affected Public: Individuals or households; Businesses or other 
    for-profit; Not-for-profit institutions.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                       Average time
                     Form                      Number of            Frequency          per response    Burden  hours
                                              respondents                                (minutes)
    ----------------------------------------------------------------------------------------------------------------
    CM-623................................           2,275  Annually................              90           3,413
    CM-623S...............................             600  Annually................              10             100
    CM-787................................             223  Once....................              15              56
    ----------------------------------------------------------------------------------------------------------------
    
        Total Responses: 3,098.
        Estimated Total Burden Hours: 3,569.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $1,035.
    
    Housing Terms and Conditions (WH-521)
    
        I. Background: Section 201(c) of the Migrant and Seasonal 
    Agricultural Worker Protection Act (MSPA) requires that any farm labor 
    contractor, agricultural employer, or agricultural association that 
    provides housing to any migrant agricultural worker, post in a 
    conspicuous place or present to such worker a statement of the terms 
    and conditions, if any, of occupancy of such housing. Form WH-521 is an 
    optional form which may be used to post or present to a migrant 
    agricultural worker a listing of the terms and conditions for occupancy 
    of housing.
        II. Current Actions: The Department of Labor seeks extension of 
    approval of this information collection in order to carry out it's 
    statutory responsibility to ensure that farm labor contractors, 
    agricultural employers, and agricultural associations have disclosed to 
    migrant workers the terms and conditions of occupancy at each site 
    where housing is provided by such employers.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: Housing Terms and Conditions.
        OMB Number: 1215-0146.
        Agency Number: WH-521.
        Affected Public: Farms; Individuals or households; Businesses or 
    other for-profit.
        Total Respondents: 1,300.
        Frequency: On occasion; Third party disclosure.
        Total Responses: 1,300.
        Time per Response: 30 min.
        Estimated Total Burden Hours: 650.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $0.
    
    FECA Medical Report Forms (CA-16b, CA-17b, CA-20, CA-1090, CA-1303, 
    CA-1305, CA-1306, CA-1314, CA-1316, CA-1331, CA-1332, CA-1336, 
    OWCP-5a, OWCP-5b, OWCP-5c), and Claim for Compensation (CA-7)
    
        I. Background: The Federal Employees' Compensation Act (FECA) 
    provides for the payment of benefits for wage loss and/or for permanent 
    impairment to a scheduled member, arising out of a work related injury 
    or disease. Form CA-7, Claim for Compensation, requests information 
    from the injured worker regarding pay rate, dependents, earnings, dual 
    benefits, and third-party information. The medical report forms collect 
    medical information necessary to determine entitlement to benefits.
        II. Current Actions: The Department of Labor seeks an extension of 
    approval for this information collection request in order to carry out 
    its statutory responsibility to compensate injured employees under the 
    provisions of the Act.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title(s): Claim for Compensation, FECA Medical Reports.
        OMB Number: 1215-0103.
        Agency Number(s): CA-7, CA-16b, CA-17b, CA-20, CA-1090, CA-1303, 
    CA-1305, CA-1306, CA-1314, CA-1316, CA-1331, CA-1332, CA-1336, OWCP-5a, 
    OWCP-5b, OWCP-5c.
        Affected Public: Individuals or households; Businesses or other 
    for-profit; Federal government.
        Frequency: As needed.
    
    [[Page 25916]]
    
    
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                         Average
                                  Form                                  Number of      minutes per    Burden  hours
                                                                       respondents      response
    ----------------------------------------------------------------------------------------------------------------
    CA-7...........................................................             400              13             87
    CA-16b.........................................................         130,000               5         10,833
    CA-17b.........................................................          60,000               5          5,000
    CA-20..........................................................          80,000               5          6,667
    CA-1090........................................................             325               5             27
    CA-1303........................................................           3,000              20          1,000
    CA-1305........................................................              10              20              3
    CA-1306........................................................               3              10               .5
    CA-1314........................................................             125              20             42
    CA-1316........................................................              15              10              2.5
    CA-1331........................................................             250               5             21
    CA-1332........................................................             500              30            250
    CA-1336........................................................           1,000               5             83
    OWCP-5a........................................................           7,000              15          1,750
    OWCP-5b........................................................           5,000              15          1,250
    OWCP-5c........................................................          15,000              15          3,750
    ----------------------------------------------------------------------------------------------------------------
    
        Total Responses: 302,628.
        Estimated Total Burden Hours: 30,766.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $109.
        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: May 6, 1999.
    Margaret J. Sherrill,
    Chief, Branch of Management Review and Internal Control, Office of 
    Management, Administration and Planning, Employment Standards 
    Administration.
    [FR Doc. 99-12089 Filed 5-12-99; 8:45 am]
    BILLING CODE 4510-27-P
    
    
    

Document Information

Published:
05/13/1999
Department:
Employment Standards Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
99-12089
Dates:
Written comments must be submitted to the office listed in the
Pages:
25914-25916 (3 pages)
PDF File:
99-12089.pdf