Submission for OMB Review: Comment Request, 47234-47235 [05-16026]
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47234
Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
Immigration Review continues to be
https://www.usdoj.gov/eoir/.
Dated: August 4, 2005.
MaryBeth Keller,
General Counsel, Executive Office for
Immigration Review.
[FR Doc. 05–15976 Filed 8–11–05; 8:45 am]
BILLING CODE 4410–30–M
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
August 8, 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 tollfree 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: Application of the Employee
Polygraph Protection Act.
OMB Number: 1215–0170.
Form Number: WH–1481.
Frequency: On occasion.
Type of Response: Recordkeeping,
and third party disclosure.
Affected Public: Business and other
for-profit, not-for-profit institutions, and
farms.
Number of Respondents: 328,000.
Annual Reponses: 328,000.
Average Response Time: Varies from
1 minute to 30 minutes, depending on
the notice.
Total Annual Burden Hours: 68,739.
Total Annualized capital/startup
costs: $0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): $0.
Description: The Wage and Hour
Division (WHD) of the Department of
Labor (DOL) administers the Employee
Polygraph Protection Act of 1988
(EPPA), 29 U.S.C. 2001 et seq. The
EPPA prohibits most private employers
from using any lie detector tests either
for pre-employment screening or during
the course of employment. The Act
contains an exemption applicable to
Federal, State and local government
employers. The EPPA also contains
several limited exemptions authorizing
polygraph tests under certain
Estimated number of annual
responses
Form
CM–623 ...........................................................................................................................
CM–623S .........................................................................................................................
CM–787 ...........................................................................................................................
Total ..........................................................................................................................
Total Annualized capital/startup
costs: $0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): $0.
VerDate jul<14>2003
17:14 Aug 11, 2005
Jkt 205001
conditions, including testing: (1) By the
Federal Government of experts,
consultants or employees of Federal
contractors engaged in national security
intelligence or counterintelligence
functions; (2) of employees the
employer reasonably suspects of
involvement in a workplace incident
resulting in economic loss or injury to
the employer’s business; (3) of some
prospective employees of private
armored cars, security alarm and
security guard firms; and (4) of some
current and prospective employees of
certain firms authorized to manufacture,
distribute or dispense controlled
substances. The WHD may assess civil
money penalties of up to $10,000
against employers who violate any
EPPA provision. DOL currently has no
printed public use forms associated
with this information collection that
consists of third-party disclosures and
recordkeeping requirements. Appendix
A of Regulations, 29 CFR part 801,
contains a written statement setting
forth both the examinee’s and
employer’s legal rights, for use in
satisfying the EPPA section 8(b)(2)(d)
disclosure requirement. DOL proposes
to make the information in Appendix A
available on an optional public use form
that will be available through the
Departmental Internet website in PDF
format.
Agency: Employment Standards
Administration.
Type of Review: Extension of
currently approved collection.
Title: Representative Payee Report,
Representative Payee Report, Short
Form, and Physician’s Medical Officer’s
Statement.
OMB Number: 1215–0173.
Form Numbers: CM–623, CM–623S,
and CM–787.
Frequency: On occasion.
Type of Response: Reporting.
Affected Public: Individuals or
households, business and other forprofit, and not-for-profit institutions.
Number of Respondents: 5,339.
Description: The Office of Workers’
Compensation Programs administers the
Federal Black Lung Workers’
Compensation Program. Under the
Federal Mine Safety and Health Act (30
PO 00000
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Fmt 4703
Sfmt 4703
3,344
1,015
980
5,339
Average response time
(hours)
1.50
0.17
0.25
............................
Estimated annual
burden hours
5,016
169
245
5,430
U.S.C. 901) benefits due a DOL black
lung beneficiary may be paid to a
representative payee on behalf of the
beneficiary when the beneficiary is
unable to manage his/her benefits due to
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
incapability, incompetence, or minority.
The CM–623, Representative Payee
Report is used to collect expenditure
data regarding the disbursement of the
beneficiary’s benefits by the
representative payee to assure that the
beneficiary’s needs are being met. The
CM–623S, Representative Payee Report,
Short Form is a shortened version of the
CM–623 that is used when the
representative payee is a family
member. The CM–787, Physician’s/
Medical Officer’s Statement is a form
used by OWCP to gather information
from the beneficiary’s physician about
the capability of the beneficiary to
manage monthly benefits. It is used by
OWCP to determine if it is in the
beneficiary’s best interest to have his/
her benefits managed by another party.
The regulatory authority for collecting
this information is at 20 CFR 725.506,
510, 511, and 513.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. 05–16026 Filed 8–11–05; 8:45 am]
BILLING CODE 4510–27–U
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Furnishing
Documents to the Secretary of Labor
on Request Under ERISA Section
104(a)(6)
ACTION:
Notice.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), the
Department of Labor (the Department)
conducts a preclearance consultation
program so that the general public and
other federal agencies can comment on
proposed and continuing collections of
information. This program helps to
ensure that the data the Department
gathers arrive in the desired format, that
the reporting burden on the public (time
and financial resources) is minimized,
that the public understands the
collection instruments, and that the
Department can accurately assess the
impact of collection requirements on
respondents.
By this notice, the Department is
soliciting comments on the information
collection provisions of regulations
pertaining to section 104(a)(6) of the
Employee Retirement Income Security
Act of 1974, as amended (ERISA). The
statute and the regulatory provisions
codified at 29 CFR 2520.104a–8 require
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17:14 Aug 11, 2005
Jkt 205001
the administrator of an employee benefit
plan subject to part 1 of Title I of ERISA
to furnish the Secretary of Labor with
certain documents relating to the plan
upon request. A copy of the information
collection request (ICR) can be obtained
by contacting the office shown in the
addresses section of this notice.
DATES: Written comments must be
submitted to the office shown in the
addresses section on or before October
11, 2005.
ADDRESSES: Interested parties are
invited to submit written comments
regarding the information collection
request and burden estimates to: Gerald
B. Lindrew, Office of Policy and
Research, U.S. Department of Labor,
Employee Benefits Security
Administration, 200 Constitution
Avenue, NW., Room N–5647,
Washington, DC 20210. Telephone:
(202) 693–8410; Fax: (202) 219–4745.
These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
The Taxpayer Relief Act of 1997 (TRA
97) eliminated the ERISA requirement
that employee benefit plan
administrators file with the Department
copies of the summary plan descriptions
and summaries of material
modifications that are required to be
furnished to plan participants and
beneficiaries. TRA 97 added paragraph
(6) to section 104(a) of ERISA which
provides that the administrator of any
employee benefit plan subject to Part 1
of Title I of ERISA is required to furnish
to the Secretary of Labor, on request,
any documents related to the employee
benefit plan. Prior to the TRA 97
amendments, ERISA provided that
certain documents be filed with the
Department of Labor to ensure that plan
participants and beneficiaries would
have a means to obtain the documents
without requesting them from the plan
administrator. The new section 104(a)(6)
authorizes the Department to request
these documents on behalf of plan
participants and beneficiaries. The
Department issued a final implementing
guidance on this matter on January 7,
2002 (67 FR 772). The ICR relating
document requests was approved
following publication of the proposed
rule on August 5, 1999 (64 FR 42797).
This approval will expire on December
31, 2005.
II. Desired Focus of Comments
The Department is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
47235
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;
• 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 Actions
The Employee Benefits Security
Administration is requesting an
extension of the currently approved ICR
for the Furnishing Documents to the
Secretary of Labor under ERISA section
104(a)(6). The Department is not
proposing or implementing changes to
the regulation or to the existing ICR. A
summary of the ICR and the current
burden estimates follows:
Type of Review: Extension of a
currently approved collection.
Agency: Department of Labor,
Employee Benefits Security.
Administration
Title: Furnishing Documents to the
Secretary of Labor on Request under
ERISA.
OMB Number: 1210–0112.
Frequency: On occasion.
Affected Public: Individuals or
households; business or other for-profit
institutions; not-for-profit institutions.
Total Respondents: 1,000.
Total Responses: 1,000.
Estimated Total Burden Hours: 95.
Estimated Annual Burden Cost:
$4,000.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of the ICR. They will also
become a matter of public record.
Dated: August 5, 2005.
Gerald B. Lindrew,
Deputy Director, Office of Policy and
Research, Employee Benefits Security
Administration.
[FR Doc. 05–16028 Filed 8–11–05; 8:45 am]
BILLING CODE 4510–29–P
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12AUN1
Agencies
[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47234-47235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16026]
=======================================================================
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
August 8, 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: Application of the Employee Polygraph Protection Act.
OMB Number: 1215-0170.
Form Number: WH-1481.
Frequency: On occasion.
Type of Response: Recordkeeping, and third party disclosure.
Affected Public: Business and other for-profit, not-for-profit
institutions, and farms.
Number of Respondents: 328,000.
Annual Reponses: 328,000.
Average Response Time: Varies from 1 minute to 30 minutes,
depending on the notice.
Total Annual Burden Hours: 68,739.
Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $0.
Description: The Wage and Hour Division (WHD) of the Department of
Labor (DOL) administers the Employee Polygraph Protection Act of 1988
(EPPA), 29 U.S.C. 2001 et seq. The EPPA prohibits most private
employers from using any lie detector tests either for pre-employment
screening or during the course of employment. The Act contains an
exemption applicable to Federal, State and local government employers.
The EPPA also contains several limited exemptions authorizing polygraph
tests under certain conditions, including testing: (1) By the Federal
Government of experts, consultants or employees of Federal contractors
engaged in national security intelligence or counterintelligence
functions; (2) of employees the employer reasonably suspects of
involvement in a workplace incident resulting in economic loss or
injury to the employer's business; (3) of some prospective employees of
private armored cars, security alarm and security guard firms; and (4)
of some current and prospective employees of certain firms authorized
to manufacture, distribute or dispense controlled substances. The WHD
may assess civil money penalties of up to $10,000 against employers who
violate any EPPA provision. DOL currently has no printed public use
forms associated with this information collection that consists of
third-party disclosures and recordkeeping requirements. Appendix A of
Regulations, 29 CFR part 801, contains a written statement setting
forth both the examinee's and employer's legal rights, for use in
satisfying the EPPA section 8(b)(2)(d) disclosure requirement. DOL
proposes to make the information in Appendix A available on an optional
public use form that will be available through the Departmental
Internet website in PDF format.
Agency: Employment Standards Administration.
Type of Review: Extension of currently approved collection.
Title: Representative Payee Report, Representative Payee Report,
Short Form, and Physician's Medical Officer's Statement.
OMB Number: 1215-0173.
Form Numbers: CM-623, CM-623S, and CM-787.
Frequency: On occasion.
Type of Response: Reporting.
Affected Public: Individuals or households, business and other for-
profit, and not-for-profit institutions.
Number of Respondents: 5,339.
----------------------------------------------------------------------------------------------------------------
Estimated number
Form of annual Average response Estimated annual
responses time (hours) burden hours
----------------------------------------------------------------------------------------------------------------
CM-623.................................................... 3,344 1.50 5,016
CM-623S................................................... 1,015 0.17 169
CM-787.................................................... 980 0.25 245
Total................................................. 5,339 ................ 5,430
----------------------------------------------------------------------------------------------------------------
Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $0.
Description: The Office of Workers' Compensation Programs
administers the Federal Black Lung Workers' Compensation Program. Under
the Federal Mine Safety and Health Act (30 U.S.C. 901) benefits due a
DOL black lung beneficiary may be paid to a representative payee on
behalf of the beneficiary when the beneficiary is unable to manage his/
her benefits due to
[[Page 47235]]
incapability, incompetence, or minority. The CM-623, Representative
Payee Report is used to collect expenditure data regarding the
disbursement of the beneficiary's benefits by the representative payee
to assure that the beneficiary's needs are being met. The CM-623S,
Representative Payee Report, Short Form is a shortened version of the
CM-623 that is used when the representative payee is a family member.
The CM-787, Physician's/Medical Officer's Statement is a form used by
OWCP to gather information from the beneficiary's physician about the
capability of the beneficiary to manage monthly benefits. It is used by
OWCP to determine if it is in the beneficiary's best interest to have
his/her benefits managed by another party. The regulatory authority for
collecting this information is at 20 CFR 725.506, 510, 511, and 513.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. 05-16026 Filed 8-11-05; 8:45 am]
BILLING CODE 4510-27-U