98-22214. Proposed Collection; Comment Request  

  • [Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
    [Notices]
    [Pages 44288-44290]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-22214]
    
    
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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
    
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    information in accordance with the Paperwork Reduction Act of 1995 
    (PRA95) [44 U.S.C. 3506(c)(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 five 
    information collections: (1) Request for Information on Earnings, Dual 
    Benefits, Dependents and Third Party Settlements, CA-1032; (2) Black 
    Lung Provider Enrollment Form, CM-1168; (3) Application for 
    Continuation of Death Benefit for Student, LS-266; (4) Representative 
    Fee Request; and (5) Office of Federal Contract Compliance 
    Recordkeeping and Reporting Requirements: Supply and Service. 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 October 18, 1998. 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: Contact Ms. Patricia Forkel at the U.S. Department of Labor, 
    200 Constitution Avenue, N.W., Room S-3201, Washington, D.C. 20210, 
    telephone (202) 693-0010. The Fax number is (202) 219-65920 (These are 
    not toll-free numbers.)
    
    SUPPLEMENTARY INFORMATION:
    
    Request for Information on Earnings, Dual Benefits, Dependents and 
    Third Party Settlements--CA-1032
    
    I. Background
    
        The Federal Employees' Compensation Act (FECA) provides for the 
    collection of information from claimants receiving continuing 
    compensation on the periodic disability rolls. The FECA states the 
    following: Compensation must be adjusted to reflect a claimant's 
    earnings while in receipt of benefits (5 U.S.C. 8106); Compensation is 
    payable at the augmented rate of 75 percent only if the claimant has 
    one or more dependents (5 U.S.C. 8110); Compensation may not be paid 
    concurrently with certain benefits from other Federal agencies, e.g., 
    Social Security (5 U.S.C. 8116); and, Compensation must be adjusted to 
    reflect any settlement from a third party responsible for the injury 
    for which the claimant is being paid compensation (5 U.S.C. 8132). 
    Completion of the Form CA-1032 is requested annually and is used to 
    ensure that compensation being paid on the periodic roll is correct.
    
    II. Current Actions
    
        The Department of Labor (DOL) is seeking approval to revise this 
    information collection to include a question asking if the respondent 
    has ever been convicted of a fraud related offense in connection with 
    the application or receipt of worker's compensation benefits. It also 
    asks whether the respondent has been incarcerated for any period during 
    the last 15 months for any felony offense. These additional questions 
    are necessitated by 5 U.S.C. 8148 (a), which provides that an 
    individual convicted of any violation related to fraud in the 
    application for, or receipt of, any compensation benefit, forfeits (as 
    of the date of such conviction) any entitlement to such benefits for 
    any injury occurring on or before the date of conviction. Also, 5 
    U.S.C. 8148 (b)(1) requires that no Federal compensation benefit can be 
    paid to any individual for any period during which such individual is 
    incarcerated for any felony offense.
        Type of Review: Revision.
        Agency: Employment Standards Administration.
        Title: Request from Claimant for Information on Earnings, Dual 
    Benefits, Dependents, and third Party Settlements--Form CA-1032.
        OMB Number: 1215-0151.
        Agency Numbers: CA-1032.
        Affected Public: Individuals or households.
        Total Respondents: 50,000.
        Frequency: Annually.
        Total Responses: 50,000.
        Average Time Per Response: 20 minutes.
        Total Burden Hours: 16,666.
        Total Burden Cost (capital/startup): $0.
        Total Burden Cost (operating/maintenance): $17,500.
    
    Black Lung Provider Enrollment Form, CM-1168
    
    I. Background
    
        The Division of Coal Mine Workers' Compensation (DCMWC) is 
    responsible for maintaining a list of authorized treating physicians 
    and medical facilities in the area of a miner's residence and for 
    payment of certain medical bills and services provided to the miner 
    under the Black Lung Benefits Act. This form is sent to and completed 
    by new providers who wish to participate in providing medical services 
    to miners. The information provided is used by DCMWC to create a data 
    base identifying medical providers by name, address, and billing 
    information, and the type of medical service they will provide.
    
    II. Current Actions
    
        The Department of Labor is seeking extension of approval of this 
    information collection in order to maintain up-to-date information on 
    medical providers for the timely payment of medical benefits for 
    miners. The form is used both for newly enrolled medical providers and 
    to update information for already enrolled medical providers as 
    necessary
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: Black Lung Program Provider Enrollment Form.
        OMB Number: 1215-0137.
        Agency Number: CM-1168.
        Affected Public: Business or other for-profit.
        Total Respondents: 4,000.
        Frequency: On occasion.
        Total Responses: 4,000.
        Average Time per Response: Three to seven minutes.
        Total Burden Hours: 300.
        Total Burden Cost (capital/startup): 0.
        Total Burden Cost (operating/maintenance): $1,400.
    
    Application for Continuation of Death Benefit for Student, LS-266
    
    I. Background
    
        Under the Longshore and Harbor Workers' Compensation Act, a child 
    or certain other surviving dependents of a deceased beneficiary may be 
    eligible for continuation of death benefits if the
    
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    dependent qualifies as a student under certain provisions of the Act. 
    The Form LS-266 is submitted by the parent or guardian of the dependent 
    for whom the benefit is sought and is used by the Department of Labor 
    to determine if the continuation of benefits is justified.
    
    II. Current Actions
    
        The Department of Labor seeks extension of approval of this 
    information collection in order to ensure that eligible dependents may 
    continue to receive benefits to which they are entitled.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: Application for Continuation of Death Benefit for Student.
        OMB Number: 1215-0073.
        Agency Number: LS-266.
        Affected Public: Individuals or households; Business of other for-
    profit.
        Total Respondents: 43.
        Frequency: On occasion.
        Total Responses: 43.
        Average Time per Response: 30 minutes.
        Total Burden Hours: 22.
        Total Burden Cost (capital/startup): 0.
        Total Burden Cost: (operating/maintenance): $15.05.
    
    Representative Fee Request
    
    I. Background
    
        Individuals filing for compensation benefits with the Office of 
    Workers' Compensation Programs (OWCP) may be represented by an attorney 
    or other representative. The representative is entitled to request a 
    fee for services under 20 CFR 10.145 (Federal Employees' Compensation 
    Act) and 20 CFR 702.132 (Longshore and Harbor Workers' Compensation 
    Act). The fee must be approved by the OWCP before any demand for 
    payment can be made by the representative.
    
    II. Current Actions
    
        The Department of Labor (DOL) seeks extension of this information 
    collection in order to carry out its responsibility to ensure that the 
    fee request is consistent with services provided and with customary 
    local charges for similar services, and to ensure that any fee request 
    considered excessive is reduced accordingly.
        Type of Review: Extension.
        Agency: Employment Standards Administration.
        Title: Representative Fee Request.
        OMB Number: 1215-0078.
        Affected Public: Business or other for-profit; Individuals or 
    households.
        Total Respondents: 14,000.
        Frequency: On occasion.
        Total Responses: 14,000.
        Average Time per Response: 30 to 90 minutes.
        Total Burden Hours: 10,000.
        Total Burden Cost (capital/startup): 0.
        Total Burden Cost (operating/maintenance): $17,150.
    
    Recordkeeping and Reporting Requirements; Supply and Service
    
    I. Background
    
        The Office of Federal Contract Compliance Programs (OFCCP) is 
    responsible for the administration of equal employment opportunity 
    programs which prohibit employment discrimination and require 
    affirmative action. These programs are Executive Order 11246, as 
    amended, Section 503 of the Rehabilitation Act of 1973, as amended, and 
    the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), 
    as amended (38 U.S.C. 4212). This information collection contains all 
    recordkeeping and reporting requirements and forms which are derived 
    from the implementing regulations found in Title 41 of the Code of 
    Federal Regulations, Chapter 60, for supply and service contractors.
    
    Current Actions
    
        The Department of Labor (DOL) is seeking an extension of this 
    information collection in order to substantiate compliance with 
    nondiscrimination and affirmative action requirements monitored by 
    OFCCP. In addition, DOL is reviewing all aspects of this information 
    collection, including compliance reviews, for applicability of the 
    Paperwork Reduction Act of 1995.
        Type of Review: Revision.
        Agency: Employment Standards Administration.
        Title: OFCCP Recordkeeping and Reporting Requirements: Supply and 
    Service.
        OMB Number: 1215-0072.
        Affected Public: Business or other for-profit; not-for-profit 
    institutions; State, Local or Tribal Government.
        Total Respondents: 89,807.
    
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                                              Average time                                   No.                    
                   Requirement                per response           Frequency           respondents       Hours    
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    Recordkeeping:                                                                                                  
        Initial Development of AAP..........       179.46   Once.......................       89,807         161,153
        Update of AAP.......................        74.889  Annually...................       88,909       6,658,288
        Maintenance of AAP..................    74,889      Annually...................       89,807       6,725,543
        Uniform Guidelines on Employee               *      *..........................            *         482,804
         Selection Procedures*.                                                                                     
    Reporting:                                                                                                      
        Standard Form 100...................         3.7    Annually...................       51,603         191,265
        Compliance Evaluation...............       135.35   On occasion................        3,324         449,900
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    *The Uniform Guidelines are used by four agencies other than OFCCP, and have been approved by the Office of     
      Management and Budget under an information collection submitted by the Equal Employment Opportunity           
      Commission. The OFCCP has been apportioned a part of this burden. The EEOC estimate for OFCCP is 482,804      
      burden hours, or slightly less than a third of the 1.6 million burden hours in the EEOC inventory.            
    
        Total Recordkeeping Hours: 14,027,788.
        Total Reporting Hours: 641,165.
        Total Hours, Reporting and Recordkeeping: 16,668,953.
        Total Respondent Cost (capital/startup): 0.
        Total Respondent Cost (operation/maintenance): 0.
        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: August 11, 1998.
    Cecily A. Rayburn,
    Director, Division of Financial Management, Office of Management, 
    Administration and Planning, Employment Standards Administration.
    [FR Doc. 98-22214 Filed 8-17-98; 8:45 am]
    BILLING CODE 4510-27-M
    
    
    

Document Information

Published:
08/18/1998
Department:
Employment Standards Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
98-22214
Dates:
Written comments must be submitted to the office listed in the
Pages:
44288-44290 (3 pages)
PDF File:
98-22214.pdf