[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40744-40745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13851]


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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: Agreement and Undertaking 
(OWCP-1). 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 September 12, 2005.

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, e-mail: [email protected]. Please 
use only one method of transmission for comments (mail, fax, or e-
mail).

SUPPLEMENTARY INFORMATION:
    I. Background: Coal Mine operators and Longshore companies desiring 
to be self-insurers are required by law (30 U.S.C. 933 BL and 33 U.S.C. 
932 LS) to produce security in terms of an indemnity bond, security 
deposit, or for Black Lung only, a letter of credit or 501(c)(21) 
trust. Once a company's application to become self-insured is reviewed 
by the Division of Coal Mine Workers; Compensation (DCMWC) or by the 
Division of Longshore and Harbor Workers' Compensation (DLHWC) and it 
is determined the company is potentially eligible, an amount of 
security is determined to guarantee the payment of benefits required by 
the Act. The OWCP-1 form is executed by the self-insurer who agrees to 
abide by the Department's rules and authorizes the Secretary, in the 
event of default, to file suit to secure payment from a bond 
underwriter or in the case of a Federal Reserve account, to sell the 
securities for the same purpose. A company cannot be authorized to 
self-insure until this requirement is met. Regulations establishing 
this requirement are at 20 CFR 726.110 for Coal Mine/Black Lung and 20 
CFR 703.304 for Longshore. This information collection is currently 
approved for use through December 31, 2005.
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:

[[Page 40745]]

     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 
the extension of this information collection in order to determine if a 
coal mine or Longshore company is potentially eligible to become self-
insured. The information is reviewed to insure that the correct amounts 
of negotiable securities are deposited or indemnity bond is purchased 
or for Black Lung only, a letter of credit or 501(c)(21) trust that in 
case of default OWCP has the authority to utilize the securities or 
bond. If this Agreement and Undertaking were not required, OWCP would 
not be empowered to utilize the company's security deposit to meet its 
financial responsibilities for the coal mine and Longshore benefits in 
case of default.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Agreement of Undertaking.
    OMB Number: 1215-0034.
    Agency Numbers: OWCP-1.
    Affected Public: Business or other for-profit.
    Total Respondents: 300.
    Total Annual Responses: 300.
    Estimated Total Burden Hours: 75.
    Estimated Time Per Response: 15 minutes.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $120.00.
    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: July 8, 2005.
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. 05-13851 Filed 7-13-05; 8:45 am]
BILLING CODE 4510-CK-P