[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