Proposed Extension of Existing Collection; Comment Request, 2421-2422 [2011-631]
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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
II. Desired Focus of Comments
Currently VETS is soliciting
comments concerning a request to
extend the currently approved
information collection request. 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.
srobinson on DSKHWCL6B1PROD with NOTICES
The Department of Labor seeks
approval of the extension of the
currently approved information
collection request in order to carry out
its responsibilities to administer and
enforce compliance with the contractor
reporting requirements under VEVRAA,
as amended by the JVA.
Type of Review: Extension without
change of currently approved collection.
Agency: Veterans’ Employment and
Training Service.
Title: Federal Contractor Veterans’
Reports VETS–100 and VETS–100A.
OMB Number: 1293–0005.
Affected Public: Government
contractors and subcontractors with a
contract of $25,000 or more entered into
before December 1, 2003, and
Government contractors and
subcontractors with a contract of
$100,000 or more entered into or
modified on or after December 1, 2003,
that are required to comply with the
affirmative action provisions of the
Vietnam Era Veterans’ Readjustment
Assistance Act.
Total Respondents: 20,700.
Total Annual responses: 387,900.
Average Time per Response:
Electronic Submission—30 minutes;
Paper Submission—one hour.
Total Burden Hours: 202,100.
Frequency: Annually.
Total Burden Cost (capital/startup):
$0.
16:15 Jan 12, 2011
John M. McWilliam,
Deputy Assistant Secretary for Operations
and Management, Veterans’ Employment and
Training.
[FR Doc. 2011–638 Filed 1–12–11; 8:45 am]
BILLING CODE 4510–79–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Proposed Extension of Existing
Collection; Comment Request
ACTION:
III. Current Actions
VerDate Mar<15>2010
Total Burden Cost (operating/
maintaining): $0—The information
contractors report about their veterans’
employment is collected and
maintained in the normal course of
business. There are no requirements for
contractors to have any kind of
equipment to be able comply with this
collection of information.
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.
Jkt 223001
Notice.
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 Office
of Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Rehabilitation Plan
and Award (OWCP–16). 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
March 14, 2011.
ADDRESSES: Mr. Vincent Alvarez, U.S.
Department of Labor, 200 Constitution
Ave., NW., Room S–3201, Washington,
DC 20210, telephone (202) 693–0372,
fax (202) 693–1378, E-mail
SUMMARY:
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
2421
Alvarez.Vincent@dol.gov. Please use
only one method of transmission for
comments (mail, fax, or E-mail).
SUPPLEMENTARY INFORMATION:
I. Background
The Office of Workers’ Compensation
Programs (OWCP) is the agency
responsible for administration of the
Longshore and Harbor Workers’
Compensation Act (LHWCA), 33 U.S.C.
901 et seq., and the Federal Employees’
Compensation Act (FECA), 5 U.S.C.
8101 et seq. Both of these Acts authorize
OWCP to pay for approved vocational
rehabilitation services to eligible
workers with work-related disabilities.
In order to decide whether to approve
a rehabilitation plan, OWCP must
receive a copy of the plan, supporting
vocational testing materials and the
estimated cost to implement the plan,
broken down to show the fees, supplies,
tuition and worker maintenance
payments that are contemplated. OWCP
also must receive the signatures of the
worker and the rehabilitation counselor
to show that the worker agrees to follow
the proposed plan, and that the
proposed plan is appropriate. Form
OWCP–16 is the standard format for the
collection of this information. The
regulations implementing these statutes
allow for the collection of information
needed for OWCP to determine if a
rehabilitation plan should be approved
and payment of any related expenses
should be authorized. This information
collection is currently approved for use
through May 31, 2011.
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.
E:\FR\FM\13JAN1.SGM
13JAN1
2422
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
III. Current Actions
The Department of Labor seeks
approval for the extension of this
currently approved information
collection in order to determine if a
rehabilitation plan should be approved
and payment of any related expenses
authorized.
Type of Review: Extension.
Agency: Office of Workers’
Compensation Programs.
Title: Rehabilitation Plan and Award.
OMB Number: 1240–0045.
Agency Number: OWCP–16.
Affected Public: Individual or
households; Businesses or other forprofit.
Total Respondents: 5,500.
Total Responses: 5,500.
Time per Response: 30 minutes.
Estimated Total Burden Hours: 2,750.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $2,585.
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: January 7, 2011.
Vincent Alvarez,
Agency Clearance Officer, Office of Workers’
Compensation Programs, U.S. Department of
Labor.
[FR Doc. 2011–631 Filed 1–12–11; 8:45 am]
BILLING CODE 4510–CR–P
MERIT SYSTEMS PROTECTION
BOARD
Merit Systems Protection Board
(MSPB) Provides Notice of Opportunity
To File Amicus Briefs in the Matter of
Jeffrey Denton v. Department of
Agriculture, MSPB Docket Number
DC–3330–09–0696–I–1
AGENCY:
Merit Systems Protection
Board.
ACTION:
Notice.
Pursuant to 5 U.S.C.
1204(e)(1)(A), the MSPB has requested
an advisory opinion from the Director of
the Office of Personnel Management
(OPM) concerning an appeal currently
pending before the Board, Jeffrey Denton
v. Department of Agriculture, MSPB
Docket Number DC–3330–09–0696–I–1.
The MSPB is also providing an
opportunity to other interested parties
to file amicus briefs concerning the
appeal. The legal questions set forth in
the Denton appeal, which were posed in
the request for an advisory opinion to
the Director of OPM, are set forth below.
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:15 Jan 12, 2011
Jkt 223001
The agency employs the appellant in
the position of Animal Health Program
Assistant, GS–5. The agency announced
the position of Veterinary Program
Assistant (‘‘VPA’’), GS–0303–5/6/7,
under both case exam (announcement
24VS–2009–0130) and merit promotion
(announcement 6VS–2009–0132)
procedures. The appellant applied
under both vacancy announcements and
submitted his DD–214, showing his
eligibility for veterans’ preference. The
appellant made the certificate at the GS–
7 level on the case exam announcement.
The maximum score an applicant could
receive was 100, except when veterans’
preference points were added. The
appellant had 10 points added to his
score of 99.68 to reflect his veterans’
preference, and he was thus listed on
the top of the certificate of 6 candidates
with a score of 109.68 as ‘‘CPS,’’ which
is a 30% or more disabled veteran. The
appellant also made the GS–6 level on
the merit promotion certificate, and he
was referred to the selecting official.
The agency made no selection from
either the case exam or merit promotion
certificate. Rather, the agency cancelled
both vacancy announcements and filled
the VPA position through an alternative
hiring authority, the Student Career
Experience Program (SCEP).
The appellant filed a complaint with
the Department of Labor (DOL) alleging
that his rights to veterans’ preference as
a 30% disabled veteran were violated
because the agency filled the position
through SCEP instead of filling the
position from either the merit
promotion or case exam certificate. The
DOL informed the appellant that it had
completed its investigation into the
appellant’s claim and had determined
that the evidence did not support a
finding that the appellant’s veterans’
preference rights were violated. The
DOL provided the appellant with notice
of appeal rights to the MSPB.
After exhausting his remedy with
DOL, the appellant timely filed an
appeal with the MSPB pursuant to the
Veterans Employment Opportunities
Act (VEOA) alleging that his veterans’
preference rights were violated when
the agency used SCEP to fill the VPA
position and did not select him for that
position. The appellant essentially
argued that the agency had engaged in
a sham. The assigned administrative
judge determined that the MSPB has
VEOA jurisdiction over the appeal, but
issued an initial decision on the merits
finding that the appellant did not
establish a VEOA violation.
The appellant filed a petition for
review with the MSPB challenging the
initial decision of the administrative
judge. This appeal raises significant
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
issues regarding whether the agency’s
use of SCEP improperly circumvented
the competitive examination process,
allowing the agency to avoid its
obligations regarding veterans’
preference and a veteran’s right to
compete for positions. The material
issues are similar in many respects to
the issues raised regarding the Federal
Career Intern Program (FCIP) in the
MSPB’s recent decisions in the appeals
of Dean v. Office of Personnel
Management, AT–3330–10–0534–I–1
and Evans v. Department of Veterans
Affairs, AT–3330–09–0953–I–1, 2010
MSPB 213 (November 2, 2010). The
Board determined that appellants Dean
and Evans had established the FCIP
program as conducted violated their
veterans’ preference rights because FCIP
was inconsistent with 5 U.S.C. 3302(1)
by: (1) Allowing agencies to invoke an
appointing authority reserved for
positions for which it is not practicable
to hold a competitive examination after
holding a competitive examination
yielding highly-qualified preferenceeligible candidates; and (2) not requiring
agencies to justify placement of
positions in the excepted service.
The SCEP program is covered by
OPM’s regulations at 5 CFR 213.3202(b)
and is authorized by Executive Order
12015 (as amended by Executive Order
13024). The FCIP positions are also
Schedule B, excepted-service positions
but are addressed at 5 CFR 213.3202(o)
and Executive Order 13162. The SCEP
allows agencies to hire students
currently enrolled in specified
educational programs in Schedule B,
excepted-service positions, and
noncompetitively convert them to term,
career or career-conditional
appointments upon satisfactory
completion of the educational program
and accumulation of 640 hours of
agency work experience.
Questions to be resolved:
1. Does the SCEP program violate
veterans’ preference rights because it
allows agencies to invoke an appointing
authority reserved for positions for
which it is not practicable to hold a
competitive examination after holding a
competitive examination yielding
highly-qualified preference-eligible
candidates?
2. Does the SCEP program violate
veterans’ preference rights because it
does not require agencies to justify
placement of positions in Schedule B of
the excepted service?
3. What impact, if any, does the
Executive Order dated December 27,
2010, entitled ‘‘Recruiting and Hiring
Students and Recent Graduates,’’ have
on the appellant’s appeal or any other
appeals based on the SCEP hiring
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2421-2422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-631]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
Proposed Extension of Existing Collection; Comment Request
ACTION: Notice.
-----------------------------------------------------------------------
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 Office of Workers' Compensation Programs is soliciting
comments concerning the proposed collection: Rehabilitation Plan and
Award (OWCP-16). 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 March 14, 2011.
ADDRESSES: Mr. Vincent Alvarez, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0372, fax (202) 693-1378, E-mail Alvarez.Vincent@dol.gov.
Please use only one method of transmission for comments (mail, fax, or
E-mail).
SUPPLEMENTARY INFORMATION:
I. Background
The Office of Workers' Compensation Programs (OWCP) is the agency
responsible for administration of the Longshore and Harbor Workers'
Compensation Act (LHWCA), 33 U.S.C. 901 et seq., and the Federal
Employees' Compensation Act (FECA), 5 U.S.C. 8101 et seq. Both of these
Acts authorize OWCP to pay for approved vocational rehabilitation
services to eligible workers with work-related disabilities. In order
to decide whether to approve a rehabilitation plan, OWCP must receive a
copy of the plan, supporting vocational testing materials and the
estimated cost to implement the plan, broken down to show the fees,
supplies, tuition and worker maintenance payments that are
contemplated. OWCP also must receive the signatures of the worker and
the rehabilitation counselor to show that the worker agrees to follow
the proposed plan, and that the proposed plan is appropriate. Form
OWCP-16 is the standard format for the collection of this information.
The regulations implementing these statutes allow for the collection of
information needed for OWCP to determine if a rehabilitation plan
should be approved and payment of any related expenses should be
authorized. This information collection is currently approved for use
through May 31, 2011.
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.
[[Page 2422]]
III. Current Actions
The Department of Labor seeks approval for the extension of this
currently approved information collection in order to determine if a
rehabilitation plan should be approved and payment of any related
expenses authorized.
Type of Review: Extension.
Agency: Office of Workers' Compensation Programs.
Title: Rehabilitation Plan and Award.
OMB Number: 1240-0045.
Agency Number: OWCP-16.
Affected Public: Individual or households; Businesses or other for-
profit.
Total Respondents: 5,500.
Total Responses: 5,500.
Time per Response: 30 minutes.
Estimated Total Burden Hours: 2,750.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $2,585.
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: January 7, 2011.
Vincent Alvarez,
Agency Clearance Officer, Office of Workers' Compensation Programs,
U.S. Department of Labor.
[FR Doc. 2011-631 Filed 1-12-11; 8:45 am]
BILLING CODE 4510-CR-P
