98-19111. Agency Information Collection Activities: Proposed Collection; Comment Request; Equal Access to Justice Act

[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Page 38674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19111]


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DEPARTMENT OF LABOR

Office of the Solicitor


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Equal Access to Justice Act

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. 3505(c)(2)(A)]. The 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 the 
collection requirements on respondents can be properly assessed. 
Currently the Office of the Solicitor is soliciting comment concerning 
the proposed extension of the information collection request (ICR) for 
applications to obtain awards in administrative proceedings subject to 
the Equal Access to Justice Act.
    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 submission of responses.

DATES: Written comments must be submitted by September 15, 1998.

ADDRESSES: Comments are to be submitted to Department of Labor/The 
Office of Solicitor Attn: Peter Galvin, 200 Constitution Avenue, N.W. 
(Room N-2428) Washington D.C. 20210). Written comments limited to 10 
pages or fewer may be transmitted by facsimile to [phone].

FOR FURTHER INFORMATION CONTACT:
Contact Peter Galvin, The Office of Solicitor, telephone [phone] 
or Todd Owen at [phone] (ext 143). Copies of the referenced 
information collection request are available in room N-1301, U.S. 
Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 
20210. A copy of the ICR, with applicable supporting documentation, may 
be obtained by calling the Department of Labor, Departmental Clearance 
Officer, Todd R. Owen ({202} 219-5096 Ext. 143) or by E-Mail to Owen-
[e-mail].

SUPPLEMENTARY INFORMATION:

I. Background

    The Equal Access to Justice Act provides for the award of fees and 
expenses to certain parties involved in administrative proceedings with 
the United States. The statute requires, at 5 U.S.C. sec. 504(a)(2), 
that a party seeking an award of fees and other expenses in a covered 
administrative proceeding must submit to the agency ``an application 
which shows that the party is prevailing party and is eligible to 
receive an award'' under the Act. The Department of Labor's regulations 
implementing the Equal Access to Justice Act contain a subpart which 
specifies the contents of applications for an award, 29 CFR Part 16, 
Subpart B.

II. Current Actions

    This notice requests an extension of the current Office of 
Management and Budget (OMB) approval of the paperwork requirements for 
the contents of applications for an award under the Equal Access to 
Justice Act.
    Type of Review: Extension.
    Agency: Office of the Solicitor.
    Title: Equal Access to Justice Act.
    OMB Number: 1225-0013.
    Affected Public: Individuals or household; Business or other for-
profit; Not-for-profit institutions; Federal Government; State, Local 
or Tribal Government.
    Total Respondents: 10.
    Frequency: On occasion.
    Total Responses: 10.
    Average Time per Response: 5 hours.
    Estimated Total Burden Hours. 1 hour.
    Total Annualized capital/startup costs: 0.
    Total initial costs: 0.
    Comments submitted in response to this notice will be summarized 
and may be included in the request for OMB approval of the final 
information collection request. The comments will become a matter of 
public record.

    Dated: July 13, 1998.
Robert A. Shapiro,
Associate Solicitor for Legislation and Legal Counsel.
[FR Doc. 98-19111 Filed 7-16-98; 8:45 am]
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