02-27209. 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 two proposed information collections of the Office of Workers' Compensation Programs (OWCP), Division of Longshore and Harbor Workers' Compensation (DLSHWC): “Payment of Compensation Without Award” (LS-206); and “Notice of Controversion of Right to Compensation” (LS-207). Copies of the proposed information collection requests can be obtained by contacting the office listed below in the addresses section of this Notice.

DATES:

Written comments must be submitted to the office listed in the addresses section below on or before December 24, 2002.

ADDRESSES:

Ms. Patricia A. Forkel, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone [phone], fax [phone], e-mail [e-mail]. Please use only one method of transmission for comments (mail, fax, or e-mail).

SUPPLEMENTARY INFORMATION:

I. Background

The Office of Workers' Compensation Programs administers the Longshore and Harbor Workers' Compensation Act (LHWCA). The Act provides benefits to workers injured in maritime employment on the navigable waters of the United States or in an adjoining area customarily used by an employee in loading, unloading, repairing, or building a vessel. Under Sections 14(b) and (c) of the Act, a self-insured employer or insurance carrier is required to pay compensation within 14 days after the employer has knowledge of the injury or death of the employee. Upon making the first payment, the employer or carrier shall immediately notify the Longshore district director of the payment. Form LS-206 has been designated as the proper form on which report of first payment is to be made.

Pursuant to section 14(d) of the Act, if an employer controverts the right to compensation, he/she shall file with the Longshore deputy commissioner in the affected compensation district on or before the fourteenth day after he/she has knowledge of an alleged injury or death, a notice, in accordance with a form prescribed by the Secretary of Labor, stating that the right to compensation is controverted. The LS-207 is used for this purpose. These information collections are currently approved for use through February 28, 2003.

II. Review Focus

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.

III. Current Actions

The Department of Labor seeks the extension of approval to collect this information in order to carry out its responsibility to meet the statutory requirements to provide compensation or death benefits under the Act to workers covered under the Act. There is no change in the substance or method of collection since the last OMB approval.

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Payment of Compensation Without Award.

OMB Number: 1215-0022.

Agency Number: LS-206.

Affected Public: Business or other for-profit.

Total Respondents: 900.

Total Responses: 26,100.

Frequency: On occasion.

Estimated Total Burden Hours: 6,525.

Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintenance): $10,440.

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Notice of Controversion of Right to Compensation.

OMB Number: 1215-0023.

Agency Number: LS-207.

Affected Public: Business or other for-profit.

Total Respondents: 900.

Total Responses: 18,900.

Frequency: On occasion.

Estimated Total Burden Hours: 4,725.

Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintenance): $7,985.25.

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: October 21, 2002.

Margaret J. Sherrill,

Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration.