Proposed Collection; Comment Request

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

[[Page 44289]]

information in accordance with the Paperwork Reduction Act of 1995

(PRA95) [44 U.S.C. 3506(c)(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 five

information collections: (1) Request for Information on Earnings, Dual

Benefits, Dependents and Third Party Settlements, CA-1032; (2) Black

Lung Provider Enrollment Form, CM-1168; (3) Application for

Continuation of Death Benefit for Student, LS-266; (4) Representative

Fee Request; and (5) Office of Federal Contract Compliance

Recordkeeping and Reporting Requirements: Supply and Service. Copies of

the proposed information collection requests can be obtained by

contacting the office listed below in the addressee section of this

notice.

DATES: Written comments must be submitted to the office listed in the

addressee section below on or before October 18, 1998. 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.

ADDRESSES: Contact Ms. Patricia Forkel at the U.S. Department of Labor,

200 Constitution Avenue, N.W., Room S-3201, Washington, D.C. 20210,

telephone (202) 693-0010. The Fax number is (202) 219-65920 (These are

not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Request for Information on Earnings, Dual Benefits, Dependents and

Third Party Settlements--CA-1032

I. Background

The Federal Employees' Compensation Act (FECA) provides for the

collection of information from claimants receiving continuing

compensation on the periodic disability rolls. The FECA states the

following: Compensation must be adjusted to reflect a claimant's

earnings while in receipt of benefits (5 U.S.C. 8106); Compensation is

payable at the augmented rate of 75 percent only if the claimant has

one or more dependents (5 U.S.C. 8110); Compensation may not be paid

concurrently with certain benefits from other Federal agencies, e.g.,

Social Security (5 U.S.C. 8116); and, Compensation must be adjusted to

reflect any settlement from a third party responsible for the injury

for which the claimant is being paid compensation (5 U.S.C. 8132).

Completion of the Form CA-1032 is requested annually and is used to

ensure that compensation being paid on the periodic roll is correct.

II. Current Actions

The Department of Labor (DOL) is seeking approval to revise this

information collection to include a question asking if the respondent

has ever been convicted of a fraud related offense in connection with

the application or receipt of worker's compensation benefits. It also

asks whether the respondent has been incarcerated for any period during

the last 15 months for any felony offense. These additional questions

are necessitated by 5 U.S.C. 8148 (a), which provides that an

individual convicted of any violation related to fraud in the

application for, or receipt of, any compensation benefit, forfeits (as

of the date of such conviction) any entitlement to such benefits for

any injury occurring on or before the date of conviction. Also, 5

U.S.C. 8148 (b)(1) requires that no Federal compensation benefit can be

paid to any individual for any period during which such individual is

incarcerated for any felony offense.

Type of Review: Revision.

Agency: Employment Standards Administration.

Title: Request from Claimant for Information on Earnings, Dual

Benefits, Dependents, and third Party Settlements--Form CA-1032.

OMB Number: 1215-0151.

Agency Numbers: CA-1032.

Affected Public: Individuals or households.

Total Respondents: 50,000.

Frequency: Annually.

Total Responses: 50,000.

Average Time Per Response: 20 minutes.

Total Burden Hours: 16,666.

Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintenance): $17,500.

Black Lung Provider Enrollment Form, CM-1168

I. Background

The Division of Coal Mine Workers' Compensation (DCMWC) is

responsible for maintaining a list of authorized treating physicians

and medical facilities in the area of a miner's residence and for

payment of certain medical bills and services provided to the miner

under the Black Lung Benefits Act. This form is sent to and completed

by new providers who wish to participate in providing medical services

to miners. The information provided is used by DCMWC to create a data

base identifying medical providers by name, address, and billing

information, and the type of medical service they will provide.

II. Current Actions

The Department of Labor is seeking extension of approval of this

information collection in order to maintain up-to-date information on

medical providers for the timely payment of medical benefits for

miners. The form is used both for newly enrolled medical providers and

to update information for already enrolled medical providers as

necessary

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Black Lung Program Provider Enrollment Form.

OMB Number: 1215-0137.

Agency Number: CM-1168.

Affected Public: Business or other for-profit.

Total Respondents: 4,000.

Frequency: On occasion.

Total Responses: 4,000.

Average Time per Response: Three to seven minutes.

Total Burden Hours: 300.

Total Burden Cost (capital/startup): 0.

Total Burden Cost (operating/maintenance): $1,400.

Application for Continuation of Death Benefit for Student, LS-266

I. Background

Under the Longshore and Harbor Workers' Compensation Act, a child

or certain other surviving dependents of a deceased beneficiary may be

eligible for continuation of death benefits if the

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dependent qualifies as a student under certain provisions of the Act.

The Form LS-266 is submitted by the parent or guardian of the dependent

for whom the benefit is sought and is used by the Department of Labor

to determine if the continuation of benefits is justified.

II. Current Actions

The Department of Labor seeks extension of approval of this

information collection in order to ensure that eligible dependents may

continue to receive benefits to which they are entitled.

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Application for Continuation of Death Benefit for Student.

OMB Number: 1215-0073.

Agency Number: LS-266.

Affected Public: Individuals or households; Business of other for-

profit.

Total Respondents: 43.

Frequency: On occasion.

Total Responses: 43.

Average Time per Response: 30 minutes.

Total Burden Hours: 22.

Total Burden Cost (capital/startup): 0.

Total Burden Cost: (operating/maintenance): $15.05.

Representative Fee Request

I. Background

Individuals filing for compensation benefits with the Office of

Workers' Compensation Programs (OWCP) may be represented by an attorney

or other representative. The representative is entitled to request a

fee for services under 20 CFR 10.145 (Federal Employees' Compensation

Act) and 20 CFR 702.132 (Longshore and Harbor Workers' Compensation

Act). The fee must be approved by the OWCP before any demand for

payment can be made by the representative.

II. Current Actions

The Department of Labor (DOL) seeks extension of this information

collection in order to carry out its responsibility to ensure that the

fee request is consistent with services provided and with customary

local charges for similar services, and to ensure that any fee request

considered excessive is reduced accordingly.

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Representative Fee Request.

OMB Number: 1215-0078.

Affected Public: Business or other for-profit; Individuals or

households.

Total Respondents: 14,000.

Frequency: On occasion.

Total Responses: 14,000.

Average Time per Response: 30 to 90 minutes.

Total Burden Hours: 10,000.

Total Burden Cost (capital/startup): 0.

Total Burden Cost (operating/maintenance): $17,150.

Recordkeeping and Reporting Requirements; Supply and Service

I. Background

The Office of Federal Contract Compliance Programs (OFCCP) is

responsible for the administration of equal employment opportunity

programs which prohibit employment discrimination and require

affirmative action. These programs are Executive Order 11246, as

amended, Section 503 of the Rehabilitation Act of 1973, as amended, and

the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA),

as amended (38 U.S.C. 4212). This information collection contains all

recordkeeping and reporting requirements and forms which are derived

from the implementing regulations found in Title 41 of the Code of

Federal Regulations, Chapter 60, for supply and service contractors.

Current Actions

The Department of Labor (DOL) is seeking an extension of this

information collection in order to substantiate compliance with

nondiscrimination and affirmative action requirements monitored by

OFCCP. In addition, DOL is reviewing all aspects of this information

collection, including compliance reviews, for applicability of the

Paperwork Reduction Act of 1995.

Type of Review: Revision.

Agency: Employment Standards Administration.

Title: OFCCP Recordkeeping and Reporting Requirements: Supply and

Service.

OMB Number: 1215-0072.

Affected Public: Business or other for-profit; not-for-profit

institutions; State, Local or Tribal Government.

Total Respondents: 89,807.

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Average time No.

Requirement per response Frequency respondents Hours

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Recordkeeping:

Initial Development of AAP.......... 179.46 Once....................... 89,807 161,153

Update of AAP....................... 74.889 Annually................... 88,909 6,658,288

Maintenance of AAP.................. 74,889 Annually................... 89,807 6,725,543

Uniform Guidelines on Employee * *.......................... * 482,804

Selection Procedures*.

Reporting:

Standard Form 100................... 3.7 Annually................... 51,603 191,265

Compliance Evaluation............... 135.35 On occasion................ 3,324 449,900

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*The Uniform Guidelines are used by four agencies other than OFCCP, and have been approved by the Office of

Management and Budget under an information collection submitted by the Equal Employment Opportunity

Commission. The OFCCP has been apportioned a part of this burden. The EEOC estimate for OFCCP is 482,804

burden hours, or slightly less than a third of the 1.6 million burden hours in the EEOC inventory.

Total Recordkeeping Hours: 14,027,788.

Total Reporting Hours: 641,165.

Total Hours, Reporting and Recordkeeping: 16,668,953.

Total Respondent Cost (capital/startup): 0.

Total Respondent Cost (operation/maintenance): 0.

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: August 11, 1998.

Cecily A. Rayburn,

Director, Division of Financial Management, Office of Management,

Administration and Planning, Employment Standards Administration.

[FR Doc. 98-22214 Filed 8-17-98; 8:45 am]

BILLING CODE 4510-27-M