[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Notices]
[Pages 6224-6225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2842]


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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 collection: Statement of Recovery 
Forms (CA/EN-1108, EB/EN-1108, CA/EN-1122). A copy of the proposed 
information collection request 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 April 7, 2003.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, Email esa.gov">[email protected]esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
Email).

SUPPLEMENTARY INFORMATION:
    I. Background: Under section 8131 a Federal employee can sustain a 
work-related injury, for which he or she is eligible for compensation 
under the Federal Employees' Compensation Act (FECA), under 
circumstance that create a legal liability in some third party to pay 
damages for the same injury. When this occurs, section 8131 of the FECA 
(5 U.S.C. 8131) authorizes the Secretary of Labor to either require the 
employee to assign his or her right of action to the United States or 
to prosecute the action. When the employee receives a payment for his 
or her damages, whether from a final court judgment on or a settlement 
of the action, section 8132 of the FECA (5 U.S.C. 8132) provides that 
the employee ``shall refund to the United States the amount of 
compensation paid by the United States * * *'' To enforce the United 
States' statutory right to this refund, the Office of Workers' 
Compensation Programs (OWCP) has promulgated regulations that require 
both the reporting of these types of payments (20 CFR 10.710) and the 
submission of the type of detailed information necessary to calculate 
the amount of the required refund (20 CRF 10.707(e)). The information 
collected by Form CA/EN-1122 is requested from the claimant if he or 
she received a payment for damages without hiring an attorney. Form CA/
EN-1108 requests this information from the attorney if one was hired to 
bring suit against the third party. Form EB/EN-1108 request the same 
information as the CA/EN-1108 if the claimant's attorney contacts the 
Office of the Solicitor (SOL) directly.
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility and clarity of the information 
to be collected; and
    [sbull] 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 approval to 
collect this information in order to exercise its responsibility to 
enforce the United States' right to this refund. These forms will be 
used to obtain information about amounts received as the result of a 
final judgment in litigation, or a settlement of the litigation, 
brought against a third party who is liable for damages due to 
compensable work-related injury.
    Type of Review: New Collection.
    Agency: Employment Standards Administration.
    Title: Statement of Recovery Forms.
    OMB Number: 1215-.
    Agency Number: CA/EN-1108, EB/EN-1108, CA/EN-1122.
    Affected Public: Business or other for-profit, individuals or 
households.

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                                                                                  Time per
                     Form/requirement                         Respondents/      response  (in     Burden hours
                                                                responses         minutes)
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CA/EN-1108................................................             2,720                30             1,360
EB/EN-1108................................................               160                30                80
CA/EN-1122................................................               320                15                80
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    Total Respondents/Responses: 3,200.
    Frequency: As needed.
    Estimated Total Burden Hours: 1,520.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,280.
    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.


[[Page 6225]]


    Dated: January 31, 2003.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 03-2842 Filed 2-5-03; 8:45 am]
BILLING CODE 4510-CH-P