Proposed Collection; Comment Request
[01/19/2006]
Volume 71, Number 12, Page 3125-3126
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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, SOL/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 March 20, 2006.
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, e-mail hbell@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
e-mail).
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
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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 SOL/EN-1108 request the same
information as the CA/EN-1108 if the claimant's attorney contacts the
Office of the Solicitor (SOL) directly. This information collection is
currently approved for use through July 31, 2006.
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 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: Extension.
Agency: Employment Standards Administration.
Title: Statement of Recovery Forms.
OMB Number: 1215-0200.
Agency Number: CA/EN-1108, SOL/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 Burden hours
responses (min.)
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CA/EN-1108...................................................... 2,720 30 1,360
SOL/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): $1,344.00.
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: January 12, 2006.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. E6-535 Filed 1-18-06; 8:45 am]
BILLING CODE 4510-CH-P
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