ESA Federal Register Notice Proposed Collection; Comment Request
[06/18/2001]
ESA Federal Register Notice
ESA Federal Register Notice Proposed Collection; Comment Request
[06/18/2001]
Volume 66, Number 117, Page 32847-32848
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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 of Application for Approval
of a Representative's Fee in Black Lung Proceedings Conducted by the
U.S. Department of Labor (CM-972); and OFCCP Complaint Form (CC-4).
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before August 17, 2001.
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.
SUPPLEMENTARY INFORMATION:
Application for Approval of a Representative's Fee in Black Lung
Proceedings Conducted by the U.S. Department of Labor (CM-972)
I. Background
Individuals filing with the U.S. Department of Labor, Office of
Workers' Compensation Programs (OWCP), Division of Coal Mine Workers'
Compensation (DCMWC) for benefits under the Black Lung Benefits Act may
elect to be represented or assisted by an attorney or other
representative. For those cases that are approved, 30 U.S.C. 901 of the
Black Lung Benefits Act and 20 CFR 725.365-6 established standards for
the information and documentation that must be submitted to the Program
for review to approve a fee for services. The CM-972 is the form used
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
The Department of Labor seeks the approval of this information
collection in order to evaluate applications to approve fees for
services rendered.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Application for Approval of a Representative's Fee in a
Black Lung Claim Proceeding Conducted by the U. S. Department of Labor.
OMB Number: 1215-0171.
Agency Number: CM-972.
Affected Public: Businesses or other for-profit.
Frequency: On occasion.
Total Respondents: 500.
Time per Response: 42 minutes.
Estimated Total Burden Hours: 350.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
OFCCP Complaint Form (CC-4)
I. Background
The Office of Federal contract compliance Programs administers
three equal employment opportunity
[[Page 32848]]
programs: Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; and 38 U.S.C. 4212, the Vietnam
Era Veterans' Readjustment Assistance Act of 1974, as amended. These
programs require affirmative action by Federal contractors and
subcontractors and prohibit discrimination on the basis of race, color,
sex, religion, national origin, disability, or veteran status. All
three programs give individuals the right to file complaints. It is now
well established in law that no private right of action exists under
the three programs and that the exclusive remedy for complainants is
the administrative procedures of the U.S. Department of Labor which are
initiated by a written complaint. This is done on the Complaint Form
CC-4, Complaint of Discrimination in Employment Under Federal
Government Contracts, which is used for all three programs. Under
Executive Order 11246, as amended, the authority for collection of
complaint information is found at Section 206(b). The implementing
regulations which specify the content of this information collection
are found at 41 CFR 60-1.23(a).
Under the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended, the authority for collecting complaint information is
at 38 U.S.C. 4212(b). The implementing regulations which specify the
content of this information collection are found at 41 CFR 60-
250.26(c).
Section 503 (b) of the Rehabilitation Act of 1973, as amended, is
the authority for collecting complaint information under this statute.
The implementing regulations which specify the content of this
information collection are found at 41 CFR 60-741.61.
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 an extension of approval of this
information collection in order to collect information necessary to
investigate complaints of discrimination.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: OFCCP Complaint Form.
OMB Number: 1215-0131.
Agency Number: CC-4.
Affected Public: Individuals or households.
Total Respondents: 1,046.
Frequency: On 1,046.
Time per Response: 1.28 hours.
Estimated Total Burden Hours: 1,339.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $387.02.
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: June 5, 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. 01-15191 Filed 6-15-01; 8:45 am]
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