[Federal Register: October 1, 2001 (Volume 66, Number 190)]
[Notices]               
[Page 49981]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc01-85]                         

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DEPARTMENT OF LABOR

 
Office of the Solicitor; Agency Information Collection 
Activities: Proposed Collection; Comment Request; Equal Access to 
Justice Act

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. 3505(c)(2)(A)]. The 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 the 
collection requirements on respondents can be properly assessed. 
Currently the Office of the Solicitor is soliciting comments concerning 
the proposed extension of the information collection request (ICR) for 
applications to obtain awards in administrative proceedings subject to 
the Equal Access to Justice Act.

DATES: Written comments must be submitted by November 30, 2001.

ADDRESSES: Comments are to be submitted to Department of Labor/The 
Office of Solicitor Attn: Peter Galvin, 200 Constitution Avenue, N.W. 
(Room N-2428) Washington D.C. 20210). Written comments limited to 10 
pages or fewer may be transmitted by facsimile to (202) 693-5539.

FOR FURTHER INFORMATION CONTACT: Contact Peter Galvin, The Office of 
Solicitor, telephone (202) 693-5514 or Darrin King at (202) 693-4129. 
Copies of the referenced information collection request are available 
in room N-1301, U.S. Department of Labor, 200 Constitution Avenue, 
N.W., Washington, D.C. 20210. A copy of the ICR, with applicable 
supporting documentation, may be obtained by calling the Department of 
Labor. To obtain documentation, contact Darrin King at (202) 693-4129 
or E-mail: King_Darrin@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Equal Access to Justice Act provides for the award of fees and 
expenses to certain parties involved in administrative proceedings with 
the United States. The statute requires, at 5 U.S.C. sec. 504(a)(2), 
that a party seeking an award of fees and other expenses in a covered 
administrative proceeding must submit to the agency ``an application 
which shows that the party is the prevailing party and is eligible to 
receive an award'' under the Act. The Department of Labor's regulations 
implementing the Equal Access to Justice Act contain a subpart which 
specifies the contents of applications for an award, 29 CFR Part 16, 
Subpart B.

II. Desired Focus of Comments

    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 submission of responses.

III. Current Action

    This notice requests an extension of the current Office of 
Management and Budget (OMB) approval of the paperwork requirements for 
the contents of applications for an award under the Equal Access to 
Justice Act.
    Type of Review: Extension.
    Agency: Office of the Solicitor.
    Title: Equal Access to Justice Act.
    OMB Number: 1225-0013.
    Affected Public: Individuals or household; Business or other for-
profit; Not-for-profit institutions; Federal Government; State, Local 
or Tribal Government.
    Number of Respondents: 10.
    Frequency: On occasion.
    Total Responses: 10.
    Average Time per Response: 5 hours.
    Estimated Total Burden Hours: 50 hours.
    Total annualized capital/startup costs: $0.
    Total Annualized costs (operation and maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and may be included in the request for OMB approval of the final 
information collection request. The comments will become a matter of 
public record.

    Dated: September 26, 2001.
Robert A. Shapiro,
Associate Solicitor for Legislation and Legal Counsel.
[FR Doc. 01-24516 Filed 9-28-01; 8:45 am]
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