[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Notices]
[Pages 32847-32848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15191]


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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 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 of Application for Approval 
of a Representative's Fee in Black Lung Proceedings Conducted by the 
U.S. Department of Labor (CM-972); and OFCCP Complaint Form (CC-4).

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before August 17, 2001.

ADDRESSES: Ms. Patricia A. Forkel, U. S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.

SUPPLEMENTARY INFORMATION:

Application for Approval of a Representative's Fee in Black Lung 
Proceedings Conducted by the U.S. Department of Labor (CM-972)

I. Background

    Individuals filing with the U.S. Department of Labor, Office of 
Workers' Compensation Programs (OWCP), Division of Coal Mine Workers' 
Compensation (DCMWC) for benefits under the Black Lung Benefits Act may 
elect to be represented or assisted by an attorney or other 
representative. For those cases that are approved, 30 U.S.C. 901 of the 
Black Lung Benefits Act and 20 CFR 725.365-6 established standards for 
the information and documentation that must be submitted to the Program 
for review to approve a fee for services. The CM-972 is the form used 
for this purpose.

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 approval of this information 
collection in order to evaluate applications to approve fees for 
services rendered.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Application for Approval of a Representative's Fee in a 
Black Lung Claim Proceeding Conducted by the U. S. Department of Labor.
    OMB Number: 1215-0171.
    Agency Number: CM-972.
    Affected Public: Businesses or other for-profit.
    Frequency: On occasion.
    Total Respondents: 500.
    Time per Response: 42 minutes.
    Estimated Total Burden Hours: 350.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

OFCCP Complaint Form (CC-4)

I. Background

    The Office of Federal contract compliance Programs administers 
three equal employment opportunity

[[Page 32848]]

programs: Executive Order 11246, as amended; Section 503 of the 
Rehabilitation Act of 1973, as amended; and 38 U.S.C. 4212, the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974, as amended. These 
programs require affirmative action by Federal contractors and 
subcontractors and prohibit discrimination on the basis of race, color, 
sex, religion, national origin, disability, or veteran status. All 
three programs give individuals the right to file complaints. It is now 
well established in law that no private right of action exists under 
the three programs and that the exclusive remedy for complainants is 
the administrative procedures of the U.S. Department of Labor which are 
initiated by a written complaint. This is done on the Complaint Form 
CC-4, Complaint of Discrimination in Employment Under Federal 
Government Contracts, which is used for all three programs. Under 
Executive Order 11246, as amended, the authority for collection of 
complaint information is found at Section 206(b). The implementing 
regulations which specify the content of this information collection 
are found at 41 CFR 60-1.23(a).
    Under the Vietnam Era Veterans' Readjustment Assistance Act of 
1974, as amended, the authority for collecting complaint information is 
at 38 U.S.C. 4212(b). The implementing regulations which specify the 
content of this information collection are found at 41 CFR 60-
250.26(c).
    Section 503 (b) of the Rehabilitation Act of 1973, as amended, is 
the authority for collecting complaint information under this statute. 
The implementing regulations which specify the content of this 
information collection are found at 41 CFR 60-741.61.

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 an extension of approval of this 
information collection in order to collect information necessary to 
investigate complaints of discrimination.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: OFCCP Complaint Form.
    OMB Number: 1215-0131.
    Agency Number: CC-4.
    Affected Public: Individuals or households.
    Total Respondents: 1,046.
    Frequency: On 1,046.
    Time per Response: 1.28 hours.
    Estimated Total Burden Hours: 1,339.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $387.02.
    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: June 5, 2001.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 01-15191 Filed 6-15-01; 8:45 am]
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