[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Notices]
[Pages 8994-8995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4790]


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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

[[Page 8995]]

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 
extension information collections: (1) the Notice of Final Payment or 
Suspension of Compensation Benefits (LS-208) and (2) Request for 
Earnings Information (LS-426).
    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 April 28, 1997. 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 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.

SUPPLEMENTARY INFORMATION:

I. Background

    Under Section 14(g) of the Longshore and Harbor Workers 
Compensation Act (LHWCA), the employer or its insurance carrier must 
file a report of the compensation paid to a claimant at the time final 
payment is made. The Act requires that the form must be filed within 
sixteen days of the final payment of compensation with the District 
Director in the compensation district in which the injury occurred. The 
form requests information regarding the beginning and ending dates of 
compensation payments, compensation rates, reason payments were 
terminated and types and amount of compensation payments. Filing of the 
report is mandatory as failure to do so is subject to a civil penalty.

II. Current Actions

    The Department of Labor (DOL) seeks extension of approval to 
collect this information in order to carry out its responsibility to 
notify Office of Workers' Compensation Programs (OWCP) District Offices 
that payment of compensation benefits has been stopped or suspended in 
a case. The report is required by law. If the report were not filed, 
our offices would have no way to determine whether payments have been 
suspended in a case and therefore would not be able to effectively 
manage the case file and verify that the injured worker had received 
all benefits that he/she is entitled to receive under the Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Notice of Final Payment or Suspension of Compensation 
Benefits.
    OMB Number: 1215-0024.
    Agency Numbers: LS-208.
    Affected Public: Business or other for-profit.
    Total Respondents: 500.
    Frequency: On occasion.
    Total Responses: 28,000.
    Average Time Per Response for Reporting: 15 minutes.
    Estimated Total Burden Hours: 7,000.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $700.

I. Background

    Pursuant to Section 8 of the LHWCA, injured employees shall receive 
compensation in an amount equal to 66 and two-thirds percent of their 
average weekly wage. Form LS-426 is used to verify the average weekly 
wage of an injured employee to determine if the correct compensation 
rate is being paid. Pursuant to Section 10 of the Act, the average 
weekly wage of the injured employee may be determined by using those 
wages earned in the occupation which the injury occurred or wages 
earned in different occupations. Depending on whether similar or other 
employment is involved, the average weekly wage will be determined 
under either Section 10 (a), (b), or (c) of the Act.

II. Current Actions

    The Department of Labor seeks extension of approval to collect this 
information to assure that injured workers are paid at the proper 
compensation rate. The form benefits the injured worker. It provides a 
simple method for him/her to provide the OWCP with prior earnings 
information. If the information were not collected, injured workers 
would not be paid the proper compensation rate in all cases.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Request for Earnings Information.
    OMB Number: 1215-0112.
    Affected Public: Individuals or households.
    Total Respondents: 1,900.
    Frequency: On occasion.
    Total Responses: 1,900.
    Average Time Per Response for Reporting: 15 minutes.
    Estimated Total Burden Hours: 475.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $665.
    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 requests; they will also become 
a matter of public record.

    Dated: February 21, 1997.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 97-4790 Filed 2-26-97; 8:45 am]
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