[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Notices]
[Pages 3125-3126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-535]


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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, SOL/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 March 20, 2006.

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

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

[[Page 3126]]

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 SOL/EN-1108 request the same 
information as the CA/EN-1108 if the claimant's attorney contacts the 
Office of the Solicitor (SOL) directly. This information collection is 
currently approved for use through July 31, 2006.

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 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: Extension.
    Agency: Employment Standards Administration.
    Title: Statement of Recovery Forms.
    OMB Number: 1215-0200.
    Agency Number: CA/EN-1108, SOL/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      Burden hours
                                                                     responses        (min.)
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CA/EN-1108......................................................           2,720              30           1,360
SOL/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): $1,344.00.
    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: January 12, 2006.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
 [FR Doc. E6-535 Filed 1-18-06; 8:45 am]
BILLING CODE 4510-CH-P