[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45880-45881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21344]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Emergency Review: Comment Request

August 27, 2009.
    The Department of Labor has submitted the following (see below) 
information collection request (ICR), utilizing emergency review 
procedures, to the Office of Management and Budget (OMB) for review and 
clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13, 44 U.S.C. Chapter 35) and 5 CFR 1320.13. OMB approval has 
been requested by 9/28/2009. A copy of this ICR, with applicable 
supporting documentation; including among other things a description of 
the likely respondents, proposed frequency of response, and estimated 
total burden may be obtained from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAMain or by contacting Darrin King on 202-
693-4129 (this is not a toll-free number)/e-mail: [email protected]. Interested parties are encouraged to send comments to 
the Office of Information and Regulatory Affairs, Attn: OMB Desk 
Officer for the Department of Labor--ESA, Office of Management and 
Budget,

[[Page 45881]]

Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-
7245 (these are not toll-free numbers), E-mail: [email protected]. Comments and questions about the ICR listed 
below should be received 5 days prior to the requested OMB approval 
date.
    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 submissions of responses.
    Agency: Division of Federal Employment Compensation.
    Title of Collection: Death Gratuity Benefit.
    OMB Control Number: 1215-AB66.
    Frequency of Collection: On Occasion.
    Affected Public: Individuals or household; Federal Government.
    Estimated Time Per Respondent: 15 minutes.
    Total Estimated Number of Respondents: 2,635.
    Total Estimated Annual Burden Hours: 659.
    Total Estimated Annual Costs Burden (excluding hour costs): $0.
    Description: The National Defense Authorization Act for Fiscal Year 
2008, Public Law 110-181, was enacted on January 28, 2008. Section 1105 
of Public Law 110-181 amended the Federal Employees' Compensation Act 
(FECA) creating a new section 8102a effective upon enactment. This 
section will establish a new FECA death gratuity benefit for eligible 
beneficiaries of federal employees and Non-Appropriated Fund 
Instrumentality (NAFI) employees who die from injuries incurred in 
connection with service with an Armed Force in a contingency operation. 
Section 8102a also permits agencies to authorize retroactive payment of 
the death gratuity for employees who died on or after October 7, 2001, 
in service with an Armed Force in the theater of operations of 
Operation Enduring Freedom and Operation Iraqi Freedom. To help it 
exercise its responsibility to administer this benefit, the Office of 
Workers' Compensation Programs (OWCP) has promulgated an interim final 
rule. The statute and regulations allow for employees to vary the 
statutory order of precedence for beneficiaries and to designate 
alternative recipients of this benefit. Form CA-40 requests the 
information necessary from the employee to accomplish this variance. 
Form CA-41 provides the means for those named beneficiaries and 
possible recipients to file claims for those benefits and requests 
information from such claimants so that OWCP may determine their 
eligibility for payment. Furthermore, the statute and regulations 
require agencies to notify OWCP immediately upon the death of a covered 
employee. CA-42 provides the means to accomplish this notification and 
requests information necessary to administer any claim for benefits 
resulting from such a death.
    Why are we requesting Emergency Processing? In accordance with 5 
CFR 1320.13, emergency processing of this collection is essential to 
the mission of the agency, and the agency cannot reasonably comply with 
the normal clearance procedures under this Part because the use of 
normal clearance procedures is reasonably likely to prevent or disrupt 
the collection of information or is reasonably likely to cause a 
statutory deadline to be missed. The agency has taken all practicable 
steps to consult with interested agencies and members of the public to 
minimize the burden of the collection of this information.
    Under 5 CFR 1320.13, it is requested that this collection be 
submitted and approved on an emergency basis. Under the National 
Defense Authorization Act for FY2008, an amendment to the FECA allows 
for immediate death gratuity payments to eligible survivors of Federal 
employees and employees of nonappropriated funded instrumentalities 
(NAFI) who die of injuries sustained in connection with the employee's 
service with an Armed Force serving in a contingency operation. While 
the Public Law became effective January 28, 2008, it also provides a 
provision in which a death gratuity may also be paid to eligible 
survivors of employees from certain agencies who died on or after 
October 7, 2001, due to injuries incurred in connection with the 
service of an Armed Force in the theatre of operations of Operation 
Enduring Freedom and Operation Iraqi Freedom.
    The OWCP FECA has been delegated the authority to administer the 
adjudication of claims and payment of the death gratuity under new 
section 5 U.S.C. 8102a, and has initiated a new collection with 3 
distinct forms to meet stature requirements. Because of the immediate 
and retroactive provisions of this Law, the Agency requests that an 
immediate review and authorization of this collection be approved for 
180 days to implement section 8102a. The agency will subsequently 
follow up with normal processing procedures to allow for the routine 
three-year extension of this collection.

Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9-21344 Filed 9-3-09; 8:45 am]
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