[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Notices]
[Pages 10685-10686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4210]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

February 28, 2005.
    The Department of Labor (DOL) has submitted the following public 
information collection request (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
this ICR, with applicable supporting documentation, may be obtained by 
contacting Darrin King on (202) 693-4129 (this is not a toll-free 
number) or e-mail: [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Department of Labor, Office of 
Management and Budget, Room 10235, Washington, DC 20503, (202) 395-7316 
(this is not a toll-free number), within 30 days from the date of this 
publication in the Federal Register.
    The OMB 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 submission of responses.
    Agency: Office of the Solicitor.
    Type of Review: Extension of currently approved collection.
    Title: Equal Access to Justice Act.
    OMB Number: 1225-0013.
    Frequency: On occasion.

[[Page 10686]]

    Affected Public: Business or other for-profit; not-for-profit 
institutions; individuals or households; State, local, or tribal 
government; and Federal government.
    Number of Respondents: 10.
    Estimated Annual Responses: 10.
    Average Response Time: 5 hours.
    Total Annual Burden Hours: 50.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $20.00.
    Description: 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.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05-4210 Filed 3-3-05; 8:45 am]
BILLING CODE 4510-23-P