[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Pages 43078-43079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21181]


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 proposed extension collections of: Agreement 
and Undertaking (OWCP-1) and Request to be Selected as Payee

[[Page 43079]]

(CM-910). 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 October 18, 1996. 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 J. 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.


Agreement and Undertaking

I. Background

    Coal mine operators and longshore companies desiring to be self-
insurers are required by law (30 U.S.C. 933 BL and 33 U.S.C. 932 LS) to 
produce security in terms of an indemnity bond or security deposit. 
Once a company's application to become self-insured is reviewed by the 
Division of Coal Mine Workers' Compensation (DCMWC) or by the Division 
of Longshore and Harbor Workers' Compensation (DLHWC) and it is 
determined the company is potentially eligible, an amount of security 
is determined to guarantee the payment of benefits required by the Act. 
The OWCP-1 form is executed by the self-insurer who agrees to abide by 
the Department's rules and authorizes the Secretary, in the event of 
default, to file suit to secure payment from a bond underwriter or in 
the case of a Federal Reserve account, to sell the securities for the 
same purpose. A company cannot be authorized to self-insure until this 
requirement is met. Regulations establishing this requirement are at 20 
CFR 726.110 for Coal Mine/Black Lung and 20 CFR 703.304 for Longshore.

II. Current Actions

    The Department of Labor seeks the extension of approval to collect 
this information in order to determine if a coal mine or longshore 
company is potentially eligible to become self-insured. The information 
is reviewed to ensure that the correct amount of negotiable securities 
are deposited or indemnity bond is purchased and that in case of 
default, OWCP has the authority to utilize the securities or bond. If 
this Agreement and Undertaking were not required, OWCP would not be 
empowered to utilize the company's security deposit to meet its 
financial responsibilities for the coal mine or longshore benefits in 
case of default.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Agreement and Undertaking.
    OMB Number: 1215-0034.
    Agency Number: OWCP-1.
    Affected Public: Businesses or other for-profit.
    Total Respondents: 300.
    Frequency: On occasion.
    Total Responses: 300.
    Average Time per Response: 15 minutes.
    Estimated Total Burden Hours: 75.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $105.

Request to be Selected Payee

I. Background

    Benefits are payable by the Department of Labor to miners who are 
totally disabled due to pneumoconiosis and to certain survivors of a 
miner under the Federal Mine Safety and Health Act of 1977, as amended 
(30 U.S.C. 901). If a beneficiary is incapable of handling his affairs, 
the person or institution responsible for his care is required to apply 
to receive the benefit payments on the beneficiary's behalf. The CM-910 
is the form that is completed by representative payee applicants. The 
payee applicant completes the form and mails it for evaluation to the 
district office that has jurisdiction over the beneficiary's claim 
file. The collection of this information is required under 20 CFR 

II. Current Actions

    The Department of Labor seeks the extension of approval to collect 
this information in order to carry out its responsibility to determine 
the relationship of the applicant to the beneficiary and to assess the 
applicant's ability to undertake the responsibilities of representative 
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Request to be Selected Payee.
    OMB Number: 1215-0166.
    Agency Number: CM-910.
    Affected Public: Individuals or households; businesses or other 
for-profit; Not-for-profit institutions.
    Total Respondents: 600.
    Frequency: Once.
    Total Responses: 600.
    Average Time per Response: 20 minutes.
    Estimated Total Burden Hours: 200.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $210.
    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 15, 1996.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 96-21181 Filed 8-19-96; 8:45 am]