[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Notices]               
[Page 78819-78820]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-96]                         


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DEPARTMENT OF LABOR


Employment and Training Administration


 
Unemployment Compensation for Ex-Servicemembers (UCX) Handbook; 
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 could 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 Office of Workforce Security (OWS) is soliciting 
comments concerning the proposed revision and extension of the 
Unemployment Compensation for Ex-Servicemembers (UCX) Handbook.
    A copy of the proposed information collection request (ICR) 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 February 24, 2003.


ADDRESSES: Written comments on this notice may be mailed or delivered 
to Charles E. Longus, Jr., Office of Workforce Security (OWS), U.S. 
Department of Labor, Room S-4522, Frances Perkins Building, 200 
Constitution Ave., NW., Washington, DC 20210, telephone (202) 693-3223 
(this is not a toll-free number), fax number (202) 693-3229.


SUPPLEMENTARY INFORMATION: 


I. Background


    The UCX law (5 U.S.C. 8521-8523) provides for the payment of 
unemployment compensation to ex-servicemembers separated from the 
military service for certain reasons. State workforce agencies (SWAs), 
through agreement with the Secretary of Labor, act as agents of the 
Secretary for the purpose of providing unemployment compensation to ex-
servicemembers (UCX) following the Department's regulations at 20 CFR 
part 614 and guidelines in the Department's


[[Page 78820]]


Handbook for Unemployment Compensation for Ex-Servicemembers. Each SWA 
must be able to obtain certain military service information from each 
claimant filing for UCX benefits to enable them to determine his/her 
eligibility. The forms ETA 841 and ETA 843 (and related instructions) 
contained in the UCX Handbook are necessary and utilized by SWAs for 
the purpose of obtaining this needed information. The form ETA 841, 
which is in the current Office of Management and Budget (OMB) inventory 
of approved burden collection, has become an optional form and is no 
longer used by the majority of SWAs. Since the ETA 841 is rarely used, 
the burden is so minimal it cannot be determined; hence, no burden is 
being requested.
    Information pertaining to the UCX claimant can only be obtained 
from the individual's military discharge papers, the appropriate branch 
of military service or the Department of Veterans Affairs (formerly the 
Veterans Administration). If the claimant does not have this 
information available, the most feasible and effective way to obtain 
this information is by use of the form prescribed by the Department of 
Labor for State agency use. Without this information, SWAs could not 
adequately determine the eligibility of ex-servicemembers and would not 
be able to properly administer the program.


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


    This is a request for OMB approval under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3506(c)(2)(A)) of an extension to an existing 
collection of information previously approved and assigned OMB control 
No. 1205-0176. The current burden was based on an inventory of 66,126 
UCX claims filed in FY 1999 attributed to military downsizing that took 
place during FY 1999 which caused a higher number of UCX claims to be 
filed. This request is based on same number of UCX claims filed in FY 
99 since it is estimated that approximately the same number of UCX 
claims will be filed in fiscal years 2003, 2004 and 2005 attributed to 
the recall of ex-servicemembers, reservists and National Guard members 
to active duty due to the Middle East and Afghanistan crises. Fifty-
three (53) SWAs fill out the ETA 843. The ETA 843 is used by SWAs only 
when it is necessary to obtain additional clarifying information from 
the military pertaining to the UCX claimant or to obtain a copy of DD 
Form 214 that was not issued to the claimant when separated from 
military service. It is estimated that only 5 percent (3,306) of the 
UCX claims filed will require use of the ETA 843. The form ETA 843 
maybe sent to any one of the four branches of military service (Army, 
Navy, Marines, Air Force), the Coast Guard, or the National Oceanic 
Atmospheric Administration. These latter two agencies are considered 
branches of military service for UCX purposes but are not under the 
jurisdiction of the Department of Defense.
    Type of Review: Extension, without change.
    Agency: Employment and Training Administration.
    Title: Unemployment Compensation for Ex-Servicemembers (UCX) 
Handbook.
    OMB Number: 1205-0176.
    Recordkeeping: The Department of Labor (DOL) does not maintain a 
system of records for the UCX program. UCX records are maintained by 
the SWAs acting as agents for the Federal Government in the 
administration of the UCX program. The DOL procedures permit the SWAs, 
upon request, to dispose of UCX records according to State law 
provisions 3 years after final action (including appeals or court 
action) on the claim, or such records may be transferred in less than 
the 3-year period if microphotographed in accordance with appropriate 
microphotography standards.
    Affected Public: State governments (state workforce agencies).
    Total Respondents: 3,306.
    Frequency: As needed.
    Total responses: 3,306.
    Average Time Per Response: 1.0 minutes.
    Estimated Total Burden Hours: 55 hours.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): $1,526,952.
    Comments submitted in response to this comment request 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: December 18, 2002.
Cheryl Atkinson,
Administrator, Office of Workforce Security.
[FR Doc. 02-32447 Filed 12-24-02; 8:45 am]

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