[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Notices]
[Page 79194-79195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de08-124]
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Extension to the Approval of Information Collection
Requirements
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 its
[[Page 79195]]
proposal to extend OMB approval of the information collection:
Statement of Recovery Forms (CA/EN-1108, SOL/EN-1108, and 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 February 23, 2009.
ADDRESSES: Mr. Steven D. Lawrence, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0292, fax (202) 693-1451, E-mail Lawrence.Steven@dol.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
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 June 30, 2009.
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 the approval
for the extension of this currently approved information collection 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, and CA/EN-1122.
Affected Public: Business or other for-profit, Individuals or
households.
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Respondents/
Form/Requirement Responses response Time per
(min.) burden hours
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CA/EN-1108...................................................... 2,550 30 1,275
SOL/EN-1108..................................................... 150 30 75
CA/EN-1122...................................................... 300 15 75
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Total Respondents/Responses: 3,000.
Frequency: As needed.
Estimated Total Burden Hours: 1,425.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $1,350.00.
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: December 18, 2008.
Hazel Bell,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. E8-30525 Filed 12-23-08; 8:45 am]
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