Proposed Collection; Comment Request [08/14/2002]
Volume 67, Number 157, Page 53027-53028
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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 extension 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
addressee section of this Notice.
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before October 15, 2002.
ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200
Cnstitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0339, fax (202) 693-1451, e-mail pforkel@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
e-mail).
I. Background
Coal mine operators and longshore companies desiring to be self-
insurers are required by law (30 U.S.C. 933, Black Lung Benefits Act)
and 33 U.S.C. 932 (Longshore and Harbor Workers' Compensation Act) 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. Regulations establishing this requirement are at 20 CFR
726.110 for DCMWC and 20 CFR 703.304 for DLHWC. A company cannot be
authorized to self-insure until this requirement is met. This
information collection is currently approved for use through January
31, 2003.
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 extension of approval to collect
this information in order to determine if a coal mine or longshore
company is potentially eligible to become self-insured. The information
is reviewed to deposited, indemnity bond is purchased, letter of credit
is obtained, or 501(c)(21) trust assets are available; and 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
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company's security deposit to meet its financial responsibilities for
the coal mine or longshore benefits in case of default. There is no
change in this information collection since the last OMB clearance.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Agreement and Undertaking.
OMB Number: 1215-0034.
Agency Number: OWCP-1.
Affected Public: Businesses or other for-profit.
Total Respondents: 300.
Frequency: On occasion.
Total Responses: 300.
Average Time per Response: 15 minutes.
Estimated Total Burden Hours: 75.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $120.
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 8, 2002.
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. 02-20610 Filed 8-13-02; 8:45 am]
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