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Proposed Collection; Comment Request [Notices] [04/03/1998]

ESA Federal Register Notice

Proposed Collection; Comment Request [04/03/1998]

[PDF Version]

Volume 63, Number 64, Page 16581-16583

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DEPARTMENT OF LABOR

Employment Standard 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 six information collections: (1) Notice of Law 
Enforcement Officer's Injury or Occupational Disease (CA-721), and 
Notice of Law Enforcement Officer's Death (CA-722); (2) Maintenance of 
Receipts for Benefits Paid by a Coal Mine Operator (CM-200); (3) 
Operator Controversion (CM-970), and Operator Response (CM-970a); (4) 
Application for Federal Certificate of Age (WH-14); (5) Waiver of Child 
Labor Provisions for Agricultural Employment of Short Season Crops--29 
CFR 575; and (6) Rehabilitation Maintenance Certificate (OWCP-17). 
Copies of the proposed information collection requests 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 June 7, 1998. The Department of 
Labor is particularly interested in comments which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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.

ADDRESSEES: Contact Ms. Patricia Forkel at the U.S. Department of 
Labor, 200 Constitution Avenue, N.W., Room S-3201, Washington, D.C. 
20210, telephone (202) 219-7601. The Fax number is (202) 219-6592. 
(These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Notice of Law Enforcement Officer's Injury or Occupational Disease 
(CA-721), Notice of Law Enforcement Officer's Death (CA-722)

I. Background

    The Office of Workers' Compensation Programs (OWCP) administers the 
Federal Employees' Compensation Act (FECA). The Act provides that non-
Federal law enforcement officers and/or their survivors injured or 
killed under certain circumstances are entitled to benefits of the Act 
to the same extent as employees of the Federal government. The Notice 
of Law Enforcement Officer's Injury or Occupational Disease (CA-721) 
and the Notice of Law Enforcement Officer's Death (CA-722) are the 
forms used by non-Federal law enforcement officers and their survivors 
to claim compensation under FECA.

II. Current Actions

    The Department of Labor seeks extension of approval to collect

[[Page 16582]]

information necessary to determine eligibility for benefits.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Notice of Law Enforcement Officer's Injury or Occupational 
Disease (CA-721), Notice of Law Enforcement Officer's Death (CA-722).
    OMB Number: 1215-0116.
    Agency Numbers: CA-721, CA-722.
    Affected Public: Individuals or households; businesses or other 
for-profit; State, Local, or Tribal Government.
    Total Respondents: 63.
    Frequency: On occasion.
    Total Responses: 63.
    Average Time Per Response: 60 min. (CA-721), 90 min. (CA-722).
    Estimated Total Burden Hours: 87.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $30.45.

Maintenance of Receipts for Benefits Paid by a Coal Mine Operator 
(CM-200)

I. Background

    The Office of Workers' Compensation Programs administers the Black 
Lung Benefits Act. Under 20 CFR 725.531, self-insured coal mine 
operators or insurance carriers must maintain receipts for black lung 
benefit payments made for five years after the date on which the 
receipt was executed. This requirement is designated as CM-200, 
Maintenance of Receipts for Benefits Paid by a Coal Mine Operator. 
There is no form or format for the receipts; a canceled check will 
satisfy the requirement.

II. Current Actions

    The Department of Labor (DOL) seeks extension of approval for this 
information collection in order that coal mine operators and insurers 
can provide evidence, as necessary, that payment to claimants has been 
made and received.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Maintenace of Receipts for Benefits Paid by a Coal Mine 
Operator.
    OMB Number: 1215-0124.
    Agency Number: CM-200.
    Affected Public: Business or other for-profit; State, Local, or 
Tribal Government.
    Total Respondents: 150.
    Frequency: On occasion.
    Total Responses: 150.
    Total Burden Hours (recordkeeping): 1.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): 0.

Operator Controversion (CM-970), Operator Response (CM-970a)

I. Background

    The Office of Workers' Compensation Programs administers the Black 
Lung Benefits Act. Under 30 USC 901 et seq., 20 CFR 725.412, and 20 CFR 
725.413, a coal mine operator who has been identified as potentially 
liable for payment of black lung benefits must be notified of this 
initial finding. The CM-970, Operator Controversion, gives the operator 
the opportunity to controvert the liability, the applicant's 
eligibility, and other issues. The regulations require the coal mine 
operator to be identified and notified of potential liability as early 
in the adjudication process as possible. The CM-970a gives the coal 
mine operator the opportunity to agree or disagree with the 
identification.

II. Current Actions

    The Department of Labor seeks extension of approval to collect this 
information in order to carry out its responsibility to inform 
responsible coal mine operators of a claim and to offer them the 
opportunity to controvert the claim.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Operator Controversion (CM-970), Operator Response (CM-
970a).
    OMB Number: 1215-0058.
    Agency Numbers: CM-970, CM-970a.
    Affected Public: Businesses or other for-profit; State, Local, or 
Tribal Government.
    Total Respondents: 4,000.
    Frequency: On occasion.
    Total Responses: 8,000.
    Average Time per Response: 15 minutes.
    Total Burden Hours: 2,000.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $2,800.

Application for Federal Certificate of Age (WH-14)

I. Background

    The Fair Labor Standards Act (FLSA) provides, in part, that an 
employer may protect against unwitting employment of ``oppressive child 
labor'' by having on file a certificate issued pursuant to Department 
of Labor regulations certifying that the named person meets the FLSA 
minimum age requirements for employment. The Application for Federal 
Certificate of Age (WH-14) is the form used by the employer to obtain 
the certificate.

II. Current Actions

    The Department of Labor seeks an extension of approval to collect 
this information in order to afford the employer protection in cases 
where compliance with child labor regulations is questioned.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Application for Federal Certification of Age.
    OMB Number: 1215-0083.
    Agency Number: WH-14.
    Affected Public: Businesses or other for-profit; State, Local, or 
Tribal Government; individuals or households; not-for-profit 
institutions; Farms.
    Total Respondents: 50.
    Frequency: On occasion.
    Total Responses: 50.
    Average Time per Response (reporting): 10 minutes.
    Average Time per Response (recordkeeping): One-half minute.
    Total Burden Hours (reporting and recordkeeping): 9.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $17.50.

Waiver of Child Labor Provisions for Agricultural Employment of 10 
and 11 Year Old Minors in Hand Harvesting of Short Season Crops--29 
CFR Part 575

I. Backgrounds

    Section 13(c)(4) of the Fair Labor Standards Act (FLSA), 29 USC 201 
et seq., authorizes the Secretary of Labor to grant a waiver of the 
child labor provisions of the FLSA for the agricultural employment of 
10 and 11 year old minors in the hand harvesting of short season crops 
if specific requirements are met. The Act requires that employers who 
are granted such waivers keep on file a signed statement of the parent 
or person standing in the place of the parent of each 10 and 11 year 
minor, consenting to their employment, along with a record of the name 
and address of the school in which the minor is enrolled.

II. Current Actions

    The Department of Labor seeks an extension of this information 
collection in order to determine whether the statutory requirements and 
conditions for granting a requested exemption have been met.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Waiver of Child Labor Provisions for Agricultural Employment 
of 10 and 11 Year Old Minors in Hand Harvesting of Short Season Crops--
29 CFR Part 575.

[[Page 16583]]

    OMB Number: 1215-0120.
    Affected Public: Farms; individuals or households.
    Total Respondents: 1.
    Frequency: On occasion.
    Total Responses: 1.
    Average Time per Response (recordkeeping): 1 hour.
    Total Reporting and Recordkeeping Hours: 4.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintenance): $.35.

Rehabilitation Maintenance Certificate (OWCP-17)

I. Background

    The Office of Workers' Compensation Programs administers the 
Longshore and Harbor Workers' Compensation Act (LHWCA) and the Federal 
Employees' Compensation Act (FECA). The Acts provide rehabilitation 
benefits to eligible injured workers. The Rehabilitation Maintenance 
Certificate is used to request reimbursement for expenses incurred as a 
result of an injured employee's participation in an approved 
rehabilitation effort.

II. Current Action

    The Department of Labor seeks an extension of this information 
collection in order to assist the injured worker who is not currently 
employed, due to injury, to be provided with rehabilitation services.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Rehabilitation Maintenance Certificate.
    OMB Number: 1215-0161.
    Agency Number: OWCP-17.
    Affected Public: Individuals or households; businesses or other 
forprofit; not-for-profit institutions; State, Local or Tribal 
Government.
    Total Respondents: 1,300.
    Frequency: Every four weeks.
    Total Responses: 15,600.
    Average Time per Response: 10 minutes.
    Total Burden Hours: 2,605.
    Total Burden Cost: (capital/startup): 0.
    Total Burden Cost: (operating/maintenance: 0.
    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: March 30, 1998.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 98-8805 Filed 4-2-98; 8:45 am]
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