Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Self-Insurance Under the Black Lung Benefits Act; Office of the Secretary, 10839-10840 [2019-05475]

Download as PDF Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices Reimbursement for Travel-Related Subsistence Under the following conditions, H–2B and H–2A employers must pay the reasonable travel and subsistence costs, including the costs of meals and lodging, incurred by workers during travel to the worksite from the place from which the worker has come to work for the employer and from the place of employment to the place from which the worker departed to work for the employer, as well as any such costs incurred by the worker incident to obtaining a visa authorizing entry to the U.S. for the purpose of H–2A or H–2B employment. See §§ 655.122(h)(1)–(2) and 655.20(j)(1)(i)–(ii). Specifically, an H–2A employer is responsible for providing, paying in advance, or reimbursing a worker for the reasonable costs of daily travel-related subsistence between the employer’s worksite and the place from which the worker has come to work for the employer, if the worker completes 50 percent of the work contract period, and must provide (or pay at the time of departure) the worker’s return costs, upon the worker completing the contract or being dismissed without cause. See § 655.122(h)(1)–(2). Similarly, an H–2B employer is responsible for providing, paying in advance, or reimbursing a worker for the reasonable costs of transportation and daily subsistence between the employer’s worksite and the place from which the worker has come to work for the employer, if the worker completes 50 percent of the job order period, and upon the worker completing the job order period or being dismissed early (for any reason), return costs. See § 655.20(j)(1)(i)–(ii). The minimum amount of daily travel subsistence expense for meals, for which a worker is entitled to reimbursement, must be at least as much as the employer would charge for providing the worker with three meals per day during employment (if applicable). In no circumstances may the employer reimburse workers less than the amount permitted under § 655.173(a) (i.e., the current year’s daily meal charge amount of $12.46). The maximum amount an employer is required to reimburse workers for daily travel-related subsistence, as evidenced with receipts, is equal to the standard Continental United States (CONUS) per diem rate, as established by the General Services Administration (GSA) at 41 CFR part 301, formerly published in Appendix A, and now found at https:// www.gsa.gov/travel/plan-book/perdiem-rates. See, e.g., Annual Update to Allowable Charges for Agricultural VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 Workers’ Meals and for Travel Subsistence Reimbursement, Including Lodging, 83 FR 12410 (Mar. 21, 2018) (2018 Update). The standard CONUS meals and incidental expenses rate is $55.00 per day for 2019.4 Workers who qualify for travel reimbursement are entitled to reimbursement for meals up to the standard CONUS meals and incidental expenses rate when they provide receipts. In determining the appropriate amount of reimbursement for meals for less than a full day, the employer may limit the meal expense reimbursement, with receipts, to 75 percent of the maximum reimbursement for meals, or $41.25, based on the GSA per diem schedule. See, e.g., 2018 Update, 83 FR at 12411. If a worker does not provide receipts, the employer is not obligated to reimburse above the minimum stated at § 655.173, as specified above. If transportation and lodging are not provided by the employer, the amount an employer must pay for transportation and, where required, lodging, must be no less than (and is not required to be more than) the most economical and reasonable costs. The employer is responsible for those costs necessary for the worker to travel to the worksite if the worker completes 50 percent of the work contract period but is not responsible for unauthorized detours. The employer also is responsible for the costs of return transportation and subsistence, including lodging costs where necessary, as described above. These requirements apply equally to instances where the worker is traveling within the U.S. to the employer’s worksite. See §§ 655.122(h)(1)–(2) and 655.20(j)(1)(i)–(ii). For further information on when the employer is responsible for lodging costs, please see the DOL’s H–2A Frequently Asked Questions on Travel and Daily Subsistence, which may be found on the OFLC website: https:// www.foreignlaborcert.doleta.gov/. Molly E. Conway, Acting Assistant Secretary, Employment and Training Administration. [FR Doc. 2019–05442 Filed 3–21–19; 8:45 am] BILLING CODE 4510–FN–P 4 Maximum Per Diem Reimbursement Rates for the Continental United States (CONUS), 83 FR 42501 (August 22, 2018); see also https:// www.gsa.gov/travel/plan-book/per-diem-rates/miebreakdown. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 10839 DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Self-Insurance Under the Black Lung Benefits Act; Office of the Secretary Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the Office of Workers’ Compensation Programs (OWCP) sponsored information collection request (ICR) proposal titled, ‘‘Application for Self-Insurance Under the Black Lung Benefits Act,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before April 22, 2019. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201901–1240–008 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129 (this is not a toll-free number) or by email at DOL_ PRA_PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–OWCP, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This ICR seeks PRA authority for the Application for Self-Insurance Under the Black Lung SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1 10840 Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices Benefits Act information collection. This information collection is essential to the mission of OWCP’s Division of Coal Mine Workers’ Compensation, which administers the BLBA. The statute grants the Department authority to authorize and regulate coal mine operators who wish to self-insure their BLBA liabilities. This information collection would provide OWCP with sufficient information to determine whether a coal mine operator should be (or continue to be) authorized to selfinsure. The information would also allow OWCP to determine the security amount a coal mine operator must deposit to guarantee that it will be able to meet its BLBA liabilities. The Black Lung Benefits Act authorizes this information collection. See 30 U.S.C. 933. This proposed information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. For additional information, see the related notice published in the Federal Register on October 30, 2017. Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB ICR Reference Number 201901–1240–008. The OMB is particularly interested in comments that: • 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 VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 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: DOL–OWCP. Title of Collection: Application for Self-Insurance Under the Black Lung Benefits Act. OMB ICR Reference Number: 201901– 1240–008. Affected Public: Private Sector— businesses or other for-profits. Total Estimated Number of Respondents: 53. Total Estimated Number of Responses: 318. Total Estimated Annual Time Burden: 283 hours. Total Estimated Annual Other Costs Burden: $145. Authority: 44 U.S.C. 3507(a)(1)(D). Michel Smyth, Departmental Clearance Officer. [FR Doc. 2019–05475 Filed 3–21–19; 8:45 am] BILLING CODE 4510–CK–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Division of Coal Mine Workers’ Compensation; Proposed Extension of Existing Collection; Comment Request ACTION: Notice. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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). 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 a proposed extension of the existing collection: Disclosure of Medical Evidence. 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 SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 addresses section below on or before May 21, 2019. ADDRESSES: You may submit comments by mail, delivery service, or by hand to Ms. Yoon Ferguson, U.S. Department of Labor, 200 Constitution Ave. NW, Room S–3323, Washington, DC 20210; by fax (202) 354–9647; or by Email to ferguson.yoon@dol.gov. Please use only one method of transmission for comments (mail/delivery, fax, or Email). Please note that comments submitted after the comment period will not be considered. SUPPLEMENTARY INFORMATION: I. Background The Department’s regulations implementing the Black Lung Benefits Act (BLBA), 30 U.S.C. 901 et seq., require parties to exchange all medical information about the miner they develop in connection with a claim for benefits, including information the parties do not intend to submit as evidence in the claim. See 20 CFR 725.413. The rule helps protect a miner’s health, assist unrepresented parties, and promote accurate benefit determinations. The potential parties to a BLBA claim include the benefits claimant, the responsible coal mine operator and its insurance carrier, and the Director, Office of Workers’ Compensation Programs (OWCP). Under this rule, a party or a party’s agent who receives medical information about the miner must send a copy to all other parties within 30 days after receipt or, if a hearing before an administrative law judge has already been scheduled, at least 20 days before the hearing. The exchanged information is entered into the record of the claim only if a party submits it into evidence. The Department’s authority to engage in information collection is specified in BLBA sections 413(b), 422(a), and 426(a). See 30 U.S.C. 923(b), 932(a), and 936(a). This information collection is currently approved for use through May 31, 2019. 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, E:\FR\FM\22MRN1.SGM 22MRN1

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[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10839-10840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05475]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application for Self-Insurance Under the Black 
Lung Benefits Act; Office of the Secretary

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is submitting the Office of 
Workers' Compensation Programs (OWCP) sponsored information collection 
request (ICR) proposal titled, ``Application for Self-Insurance Under 
the Black Lung Benefits Act,'' to the Office of Management and Budget 
(OMB) for review and approval for use in accordance with the Paperwork 
Reduction Act (PRA) of 1995. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before April 22, 2019.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov website at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201901-1240-008 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129 (this is not a toll-free 
number) or by email at DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
OWCP, Office of Management and Budget, Room 10235, 725 17th Street NW, 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW, Washington, 
DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or by email at 
DOL_PRA_PUBLIC@dol.gov.

SUPPLEMENTARY INFORMATION: This ICR seeks PRA authority for the 
Application for Self-Insurance Under the Black Lung

[[Page 10840]]

Benefits Act information collection. This information collection is 
essential to the mission of OWCP's Division of Coal Mine Workers' 
Compensation, which administers the BLBA. The statute grants the 
Department authority to authorize and regulate coal mine operators who 
wish to self-insure their BLBA liabilities. This information collection 
would provide OWCP with sufficient information to determine whether a 
coal mine operator should be (or continue to be) authorized to self-
insure. The information would also allow OWCP to determine the security 
amount a coal mine operator must deposit to guarantee that it will be 
able to meet its BLBA liabilities. The Black Lung Benefits Act 
authorizes this information collection. See 30 U.S.C. 933.
    This proposed information collection is subject to the PRA. A 
Federal agency generally cannot conduct or sponsor a collection of 
information, and the public is generally not required to respond to an 
information collection, unless it is approved by the OMB under the PRA 
and displays a currently valid OMB Control Number. In addition, 
notwithstanding any other provisions of law, no person shall generally 
be subject to penalty for failing to comply with a collection of 
information if the collection of information does not display a valid 
Control Number. See 5 CFR 1320.5(a) and 1320.6. For additional 
information, see the related notice published in the Federal Register 
on October 30, 2017.
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB ICR Reference Number 201901-
1240-008. The OMB is particularly interested in comments that:
     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: DOL-OWCP.
    Title of Collection: Application for Self-Insurance Under the Black 
Lung Benefits Act.
    OMB ICR Reference Number: 201901-1240-008.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 53.
    Total Estimated Number of Responses: 318.
    Total Estimated Annual Time Burden: 283 hours.
    Total Estimated Annual Other Costs Burden: $145.

    Authority: 44 U.S.C. 3507(a)(1)(D).

Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019-05475 Filed 3-21-19; 8:45 am]
BILLING CODE 4510-CK-P
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