[Federal Register: June 28, 2005 (Volume 70, Number 123)]
[Notices]               
[Page 37112-37113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn05-85]                         

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DEPARTMENT OF LABOR

Office of the Secretary

 
Submission for OMB Review: Comment Request

June 16, 2005.
    The Department of Labor (DOL) has submitted the following public 
information collection requests (ICRs) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
each ICR, with applicable supporting documentation, may be obtained by 
contacting Darrin King on 202-693-4129 (this is not a toll-free number) 
or e-mail: king.darrin@dol.gov.
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Employment Standards 
Administration (ESA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, 202-395-7316 (this is not a toll-free number), 
within 30 days from the date of this publication in the Federal 
Register.
    The OMB 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.
    Agency: Employment Standards Administration.
    Type of Review: Extension of currently approved collection.
    Title: (1) Miner's Claim for Benefits under the Black Lung Benefits 
Act; (2) Employment History.
    OMB Number: 1215-0052.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Individuals or households and business or other 
for-profit.
    Number of Respondents: 9,000.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated        Average        Estimated
                              Form                                    annual       response time   annual burden
                                                                     responses        (hours)          hours
----------------------------------------------------------------------------------------------------------------
CM-911..........................................................           4,000            0.75           3,000
CM-911a.........................................................           5,000            0.67           3,333
                                                                 -----------------
    Total.......................................................           9,000  ..............           6,333
----------------------------------------------------------------------------------------------------------------

    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (Operating/Maintaining Systems or Purchasing 
Services): $1,000.
    Description: The Black Lung Act of 1977, as amended, 30 U.S.C. 901 
et seq., provides for the payment of benefits to a coal miner who is 
totally disabled due to pneumoconiosis (black lung disease) and to 
certain survivors of the miner who died due to pneumoconiosis. A miner 
who applies for black lung benefits must complete the CM-911 
(application form). The completed CM-911 gives basic identifying 
information about the applicant and is the beginning of the development 
of the black lung claim. An applicant filing for black lungs benefits 
must also complete a CM-911a at the same time the black lung 
application form is submitted. The CM-911a when completed is formatted 
to render a complete history of employment and helps to establish if 
the miner currently or formerly worked in the nation's coal mines. The 
Black Lung Benefits Act as amended, 30 U.S.C. et seq. and 20 CFR 
725.304a, necessitates the collection of this information.
    Agency:Employment Standards Administration.

[[Page 37113]]

    Type of Review: Extension of currently approved collection.
    Title: Housing Terms and Conditions.
    OMB Number: 1215-0146.
    Frequency: On occasion.
    Type of Response: Third party disclosure.
    Affected Public: Farms and business or other for-profit.
    Number of Respondents: 1,300.
    Estimated Annual Responses: 1,300.
    Average Response Time: 30 minutes.
    Annual Burden Hours: 650.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (Operating/Maintaining Systems or Purchasing 
Services): $0.
    Description: The Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA), 29 U.S.C. 1801 et seq., section 201(c) requires 
any farm labor contractor, agricultural employer or agricultural 
association providing housing to any migrant agricultural worker to 
post in a conspicuous place, or present to the migrant worker, a 
statement of any housing occupancy terms and conditions. In addition, 
MSPA section 201(g) requires a farm labor contractor, agricultural 
employer or agricultural association providing housing to any migrant 
agricultural worker to give such information in English, or as 
necessary and reasonable, in a language common to the worker and that 
the Department of Labor (DOL) makes forms available to provide such 
information. The implementing regulations for the MSPA set forth, at 29 
CFR 500.75(f) and (g), the housing terms that a farm labor contractor, 
agricultural employer or agricultural association providing housing to 
any migrant agricultural worker must post or give in a written 
statement to the worker. Regulation 29 CFR 500.1(i)(2) provides for 
Form WH-521 that a farm labor contractor, agricultural employer or 
agricultural association may use, at its option, to satisfy MSPA 
requirements. Form WH-521 is an optional form that a farm labor 
contractor, agricultural employer or agricultural association may post 
or present to a migrant agricultural worker to list the housing terms 
and conditions. While use of the Form WH-521 is optional, the MSPA 
requires disclosure of the information.
    Agency: Employment Standards Administration.
    Type of Review: Extension of currently approved collection.
    Title: Rehabilitation Action Report.
    OMB Number: 1215-0182.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Business or other for-profit.
    Number of Respondents: 7,000.
    Estimated Annual Responses: 7,000.
    Average Response Time: 10 minutes.
    Annual Burden Hours: 1,169.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (Operating/Maintaining Systems or Purchasing 
Services): $0.
    Description: The Office of Workers' Compensation Programs (OWCP) 
administers the Federal Employees' Compensation Act (FECA) and the 
Longshore and Harbor Workers' Compensation Act (LHWCA). These Acts 
provide vocational rehabilitation services to eligible workers with 
disabilities. Section 8104(a) of the FECA and section 939(c) of the 
LHWCA provides that eligible injured workers are to be furnished 
vocational rehabilitation services, and section 8111(b) of the FECA and 
section 908(g) of the LHWCA provide that persons undergoing such 
vocational rehabilitation receive maintenance allowances as additional 
compensation. Form OWCP-44 is used to collect information necessary to 
decide if maintenance allowances should continue to be paid.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05-12696 Filed 6-27-05; 8:45 am]