Proposed Collection; Comment Request [02/06/2003]
Volume 68, Number 25, Page 6224-6225
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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 collection: Statement of Recovery
Forms (CA/EN-1108, EB/EN-1108, CA/EN-1122). A copy of the proposed
information collection request can be obtained by contacting the office
listed below in the addresses section of this Notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before April 7, 2003.
ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0418, fax (202) 693-1451, Email hbell@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
Email).
SUPPLEMENTARY INFORMATION:
I. Background: Under section 8131 a Federal employee can sustain a
work-related injury, for which he or she is eligible for compensation
under the Federal Employees' Compensation Act (FECA), under
circumstance that create a legal liability in some third party to pay
damages for the same injury. When this occurs, section 8131 of the FECA
(5 U.S.C. 8131) authorizes the Secretary of Labor to either require the
employee to assign his or her right of action to the United States or
to prosecute the action. When the employee receives a payment for his
or her damages, whether from a final court judgment on or a settlement
of the action, section 8132 of the FECA (5 U.S.C. 8132) provides that
the employee ``shall refund to the United States the amount of
compensation paid by the United States * * *'' To enforce the United
States' statutory right to this refund, the Office of Workers'
Compensation Programs (OWCP) has promulgated regulations that require
both the reporting of these types of payments (20 CFR 10.710) and the
submission of the type of detailed information necessary to calculate
the amount of the required refund (20 CRF 10.707(e)). The information
collected by Form CA/EN-1122 is requested from the claimant if he or
she received a payment for damages without hiring an attorney. Form CA/
EN-1108 requests this information from the attorney if one was hired to
bring suit against the third party. Form EB/EN-1108 request the same
information as the CA/EN-1108 if the claimant's attorney contacts the
Office of the Solicitor (SOL) directly.
II. Review Focus: The Department of Labor is particularly
interested in comments which:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility and clarity of the information
to be collected; and
[sbull] 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 approval to
collect this information in order to exercise its responsibility to
enforce the United States' right to this refund. These forms will be
used to obtain information about amounts received as the result of a
final judgment in litigation, or a settlement of the litigation,
brought against a third party who is liable for damages due to
compensable work-related injury.
Type of Review: New Collection.
Agency: Employment Standards Administration.
Title: Statement of Recovery Forms.
OMB Number: 1215-.
Agency Number: CA/EN-1108, EB/EN-1108, CA/EN-1122.
Affected Public: Business or other for-profit, individuals or
households.
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Time per
Form/requirement Respondents/ response (in Burden hours
responses minutes)
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CA/EN-1108................................................ 2,720 30 1,360
EB/EN-1108................................................ 160 30 80
CA/EN-1122................................................ 320 15 80
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Total Respondents/Responses: 3,200.
Frequency: As needed.
Estimated Total Burden Hours: 1,520.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $1,280.
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.
[[Page 6225]]
Dated: January 31, 2003.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and
Planning, Employment Standards Administration.
[FR Doc. 03-2842 Filed 2-5-03; 8:45 am
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