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Proposed Collection; Comment Request [Notices] [12/19/2001]

ESA Federal Register Notice

Proposed Collection; Comment Request [12/19/2001]

[PDF Version]

Volume 66, Number 244, Page 65512-65513

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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 following information collections: (1) Pre-
Hearing Statement (LS-18); (2) Overpayment Recovery Questionnaire 
(OWCP-20); (3) Claim for Continuance of Compensation (CA-12).

DATES: Written comments must be submitted to the office listed in the 
addressee section below by February 19, 2002.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451, E-
mail: pforkel@fenix2.dol-esa.gov.

SUPPLEMENTARY INFORMATION:

Pre-Hearing Statement (LS-18)

I. Background

    The Office of Workers' Compensation Programs administers the 
Longshore and Harbor Workers' Compensation Act. The Act provides 
benefits to workers injured in maritime employment on the navigable 
waters of the United States or in an adjoining area customarily used by 
an employer in loading, unloading, repairing, or building a vessel. 
Title 20, CFR 702.217 provides for the referral of claims under the 
Longshore Act for formal hearings. This section provides that, before a 
case is transferred to the Office of Administrative Law Judges, the 
district director shall furnish each of the parties or their 
representatives with a copy of a pre-hearing statement form. Each party 
shall, within 21 days of receipt, complete it and return it to the 
district director. Upon receipt, the district director shall transmit 
the form to the Office of the Chief Administrative Law Judge.

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 the approval of the extension of this 
information collection in order to carry out its responsibility to 
prepare cases for formal hearings under the Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Pre-Hearing Statement.
    OMB Number: 1215-0085.
    Agency Number: LS-18.
    Affected Public: Individuals or households; Businesses or other 
for-profit.
    Frequency: On occasion.
    Total Annual Respondents/Responses: 6,800.
    Time Per Response: 10 minutes.
    Estimated Total Burden Hours: 1,088.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $2,595.50.

Overpayment Recovery Questionnaire (OWCP-20)

Background

    Both the Federal Coal Mine Health and Safety Act (30 U.S.C. 923(b) 
and 20 CFR 725.544(c) and the Federal Employees' Compensation Act (5 
U.S.C. 8129(b) and 20 CFR 10.320-10.324) provide for the recovery, 
waiver, compromise, or termination of overpayment of benefits to 
beneficiaries. The OWCP-20 collects information used to ascertain the 
financial condition of the beneficiary who has been overpaid to 
determine if the concealment or improper transfer of assets, and to 
identify and consider present and potential income and current assets 
for enforced collection proceedings. The form also provides a means for 
the beneficiary to explain why he/she is not at fault for the 
overpayment.

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

[[Page 65513]]

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 extension of approval for this 
information collection in order to carry out its responsibility under 
the law to resolve overpayments under the Acts.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Overpayment Recovery Questionnaire.
    OMB Number: 1215-0144.
    Agency Number: OWCP-20.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Total Annual Respondents/Responses: 4,500.
    Time Per Response: 45-75 minutes, average 1 hour.
    Estimated Total Burden Hours: 4,500.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,665.

Claim for Continuance of Compensation (CA-12)

I. Background

    Under 5 U.S.C. 8133, Federal Employees' Compensation Act, and 20 
CFR 10.410, eligible dependents of deceased Federal employees receive 
compensation benefits on account of the employee's death. The OWCP 
monitors death benefits for criteria which qualify the beneficiary as 
the employee's dependent under law. The CA-12 is designated for this 
purpose.

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

    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Claim for Continuance of Compensation.
    OMB Number: 1215-0154.
    Affected Public: Individuals or households.
    Frequency: Annually.
    Total Annual Respondents/Responses: 5,900.
    Time Per Response: 5 minutes.
    Estimated Total Burden Hours: 492.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $2,006.
    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: December 7, 2001.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 01-31211 Filed 12-18-01; 8:45 am]
BILLING CODE 4510-CF-P



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