[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Pages 78475-78476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28620]


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DEPARTMENT OF LABOR


Office of the Solicitor; Agency Information Collection 
Activities: Proposed Collection; Comment Request; Equal Access to 
Justice Act

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 pre-clearance 
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. See 44 U.S.C. 3506(c)(2)(A). The 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 understood clearly, and the impact of the collection 
requirements on respondents can be assessed properly. Currently the 
Office of the Solicitor is soliciting comments concerning the proposed 
extension of the information collection required in applications to 
obtain awards in administrative proceedings subject to the Equal Access 
to Justice Act.

DATES: Written comments must be submitted by February 28, 2005.

ADDRESSES: Comments are to be submitted to the Department of Labor, 
Office of Solicitor, Attn: April Nelson, 200 Constitution Avenue, NW., 
(Room N-2428), Washington, DC 20210. Written comments limited to 10 
pages or fewer may be transmitted by facsimile to (202) 693-5539.

FOR FURTHER INFORMATION CONTACT: Contact April Nelson, Office of 
Solicitor, telephone (202) 693-5782. Copies of the referenced 
information collection request are available in room N-1301, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210. The collection request and applicable supporting documentation 
may be obtained by contacting Darrin King by telephone at (202) 693-
4129 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Equal Access to Justice Act (EAJA) provides for the award of 
fees and expenses, under certain circumstances, to parties involved in 
adversary adjudications with the United States. 5 U.S.C. 504. The 
statute, at 5 U.S.C. 504(a)(2), requires that a party seeking an award 
of fees and expenses in a covered proceeding must submit to the agency 
``an application which shows that the party is the prevailing party and 
is eligible to receive an award'' under EAJA.
    The Department of Labor's regulations at 29 CFR Part 16 implement 
EAJA, and 29 CFR 16.201 sets forth the required elements of an EAJA 
award application. Under this regulation, EAJA award applications must 
include information regarding the following: The identity of the 
applicant, the proceeding for which an award is sought, the fact that 
the applicant has prevailed, the agency position alleged not to be 
substantially justified, the number of employees of the applicant at 
the time the proceeding was instituted (if the applicant is other than 
an individual), the type and purpose of the applicant's organization or 
business (if applicable), net worth and/or other designated 
information, and amounts requested. Certain certifications, affidavits 
and other documents also are required. See 29 CFR 16.201-16.204 for a 
complete description of information required from applicants.

II. Desired Focus of Comments

    The Department of Labor is interested in comments particularly in 
order to:
     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 submission of responses.

III. Current Action

    This notice requests an extension of the current Office of 
Management and Budget (OMB) approval of the paperwork requirements for 
the contents of applications for an award under the Equal Access to 
Justice Act.
    Type of Review: Extension of a currently approved collection of 
information.
    Agency: Office of the Solicitor.
    Title: Equal Access to Justice Act.
    OMB Number: 1225-0013.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions; Federal government; State, local 
or tribal government.
    Number of Respondents: 10.
    Frequency: On occasion.
    Total Responses: 10.
    Average Time per Response: 5 hours.
    Estimated Total Burden Hours: 50 hours.
    Total annualized capital/startup costs: $0.
    Total Annualized costs (operation and maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and may be included in the request for OMB approval of the final 
information collection request. The comments will become a matter of 
public record.


[[Page 78476]]


    Signed at Washington, DC, this 23rd day of December, 2004.
Robert A. Shapiro,
Associate Solicitor for Legislation and Legal Counsel.
[FR Doc. 04-28620 Filed 12-29-04; 8:45 am]
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