Agency Information Collection Activities; Comment Request; Eligibility Data Form: Uniformed Services Employment and Reemployment Rights Act and Veterans' Preference, 73795-73798 [2022-26112]
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Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Notices
availability of major inputs into
production); and factors related to the
ability to shift supply among different
national markets (including barriers to
importation in foreign markets or
changes in market demand abroad).
Demand conditions to consider include
end uses and applications; the existence
and availability of substitute products;
and the level of competition among the
Domestic Like Product produced in the
United States, Subject Merchandise
produced in the Subject Country, and
such merchandise from other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of Title VII
of the Tariff Act of 1930; this notice is
published pursuant to § 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: November 23, 2022.
Jessica Mullan,
Acting Supervisory Attorney.
[FR Doc. 2022–26047 Filed 11–30–22; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1120]
Bulk Manufacturer of Controlled
Substances Application: Bulk
Manufacturer of Marihuana: Kerry
Farms LLC
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
The Drug Enforcement
Administration (DEA) is providing
notice of an application it has received
from an entity applying to be registered
to manufacture in bulk basic class(es) of
controlled substances listed in schedule
I. DEA intends to evaluate this and other
pending applications according to its
regulations governing the program of
growing marihuana for scientific and
medical research under DEA
registration.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before January 30, 2023.
ADDRESSES: DEA requires that all
comments be submitted electronically
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SUMMARY:
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through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
aware that submitted comments are not
instantaneously available for public
view on https://www.regulations.gov. If
you have received a Comment Tracking
Number, your comment has been
successfully submitted and there is no
need to resubmit the same comment.
SUPPLEMENTARY INFORMATION: The
Controlled Substances Act (CSA)
prohibits the cultivation and
distribution of marihuana except by
persons who are registered under the
CSA to do so for lawful purposes. In
accordance with the purposes specified
in 21 CFR 1301.33(a), DEA is providing
notice that the entity identified below
has applied for registration as a bulk
manufacturer of schedule I controlled
substances. In response, registered bulk
manufacturers of the affected basic
class(es), and applicants therefor, may
submit electronic comments on or
objections of the requested registration,
as provided in this notice. This notice
does not constitute any evaluation or
determination of the merits of the
application submitted.
The applicant plans to manufacture
bulk active pharmaceutical ingredients
(APIs) for product development and
distribution to DEA registered
researchers. If the application for
registration is granted, the registrant
would not be authorized to conduct
other activity under this registration
aside from those coincident activities
specifically authorized by DEA
regulations. DEA will evaluate the
application for registration as a bulk
manufacturer for compliance with all
applicable laws, treaties, and
regulations and to ensure adequate
safeguards against diversion are in
place.
As this applicant has applied to
become registered as a bulk
manufacturer of marihuana, the
application will be evaluated under the
criteria of 21 U.S.C. 823(a). DEA will
conduct this evaluation in the manner
described in the rule published at 85 FR
82333 on December 18, 2020, and
reflected in DEA regulations at 21 CFR
part 1318.
In accordance with 21 CFR
1301.33(a), DEA is providing notice that
on October 27, 2022, Kerry Farms, LLC,
28W531 Roosevelt Road, Winfield,
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Illinois 60190–1530, applied to be
registered as a bulk manufacturer of the
following basic class(es) of controlled
substances:
Drug
code
Controlled substance
Marihuana .....................
Tetrahydrocannabinols
I
7360
7370
Schedule
I
I
I
Matthew Strait,
Deputy Assistant Administrator.
[FR Doc. 2022–26178 Filed 11–30–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Veterans’ Employment and Training
Service
Agency Information Collection
Activities; Comment Request;
Eligibility Data Form: Uniformed
Services Employment and
Reemployment Rights Act and
Veterans’ Preference
ACTION:
Notice; request for comments.
In compliance with the
Paperwork Reduction Act of 1995
(PRA), DOL is soliciting public
comments regarding the proposed
revision of this Office of the Assistant
Secretary for Veterans’ Employment and
Training Service (VETS) sponsored
information collection for the authority
to revise the information collection
request (ICR) titled, ‘‘VETS USERRA/
VP/VEOA Claim Form,’’ previously
titled ‘‘Eligibility Data Form: Uniformed
Services Employment and
Reemployment Rights Act and Veterans’
Preference.’’ The existing version of the
form is currently approved under Office
of Management and Budget (OMB)
Control Number 1293–0002.
DATES: Consideration will be given to all
written comments received by January
30, 2023.
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 for free by contacting
William Coughlin by email at
coughlin.william.e@dol.gov.
Electronic submission: You may
submit comments and attachments
electronically at 1010-FRN-2022-VETS@
dol.gov. Include ‘‘VETS–1010 Form’’ in
the subject line of the message,
identified by OMB Control Number
1293–0002.
Comments are invited on: (1) whether
the collection of information is
SUMMARY:
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necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) Evaluate
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency; (3) the accuracy of the agency’s
estimates of the burden and cost of the
collection of information, including the
validity of the methodology and
assumptions used; (4) ways to enhance
the quality, utility and clarity of the
information collection; and (5) ways to
minimize the burden of the collection of
information on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology. Comments
submitted in response to this notice will
be summarized and included in the
request for the Office of Management
and Budget approval of the information
collection request. Comments will
become a matter of public record.
FOR FURTHER INFORMATION CONTACT:
William Coughlin, Investigative
Analyst, Compliance and Investigations,
by telephone at 202–693–4715, or by
email at: 1010-FRN-2022-VETS@dol.gov.
SUPPLEMENTARY INFORMATION:
Form Description: The VETS
USERRA/VP/VEOA Claim Form, VETS
USERRA/VP/VEOA Form 1010 (VETS–
1010) is used to file complaints with the
DOL VETS under either the Uniformed
Services Employment and
Reemployment Rights Act (USERRA) or
the laws and regulations related to
Veterans’ Preference (VP) or the
Veterans’ Employment Opportunities
Act (VEOA) in Federal employment. On
October 13, 1994, the Uniformed
Services Employment and
Reemployment Rights Act (USERRA),
Public Law 103–353, 108 Stat. 3150 was
signed into law. The purpose of
USERRA is: (1) to minimize disruption
to the lives of persons who perform
service in the uniformed services
(including the National Guard and
Reserves), as well as to their employers,
their fellow employees, and their
communities, by providing for prompt
reemployment of such persons upon
completion of such service; (2) to
encourage individuals to participate in
non-career uniformed service by
eliminating and minimizing the
disadvantages to civilian careers and
employment which can result from such
service; and (3) to prohibit
discrimination in employment and acts
of reprisal against persons because of
their obligations in the uniformed
services, prior service, intention to join
the uniformed services, filing of a
USERRA claim, seeking assistance
concerning an alleged USERRA
violation, testifying in a proceeding, or
otherwise assisting in an investigation
of a USERRA claim. The Veterans
Employment Opportunities Act (VEOA)
of 1998, Public Law 105–339, 12 Stat.
3182, contained in Title 5 U.S.C. 3330a–
3330c, authorizes the Secretary of Labor
to provide assistance to preference
eligible individuals who believe their
rights under the veterans’ preference
laws have been violated, and to
investigate claims filed by those
individuals. The purpose of VP and
VEOA is: (1) to provide preference for
certain veterans over others in Federal
hiring from competitive lists of
applicants; (2) to allow access to Federal
job opportunities to veterans that might
otherwise be closed to the public; and
(3) to provide preference eligible
veterans with preference over others in
retention during reductions in force
(RIF) in Federal agencies.
Purpose of Request
DOL is proposing to revise VETS
USERRA/VP/VEOA Claim Form, which
was previously approved in April 2020
under the title ‘‘Eligibility Data Form:
Uniformed Services Employment and
Reemployment Rights Act and Veterans’
Preference.’’ Proposed revisions to the
form include updates which add new or
missing collection elements, remove
non-pertinent collection elements,
improve form accessibility and
structure, improve compliance with
DOL form requirements, and update
form selection options. These changes
are being made to comply with DOL
requirements, amendments to USERRA,
and other statutory, regulatory, or policy
requirements described in Figure 1.
FIGURE 1
Name
Abbreviation
Civilian Reservist Emergency Workforce Act of 2021 ..................................................................
Executive Order 13985—Advancing Racial Equity, and Support for Underserved Communities
Through the Federal Government.
Section 508 of the Rehabilitation Act as amended by the Workforce Innovation and Opportunities Act of 2014—29 U.S.C. 794d.
DLMS 7–1300 DOL Forms Management Program ......................................................................
5 U.S.C. 3501, 3502 .....................................................................................................................
Plain Writing Act of 2010 ..............................................................................................................
National Defense Authorization Act ..............................................................................................
CREW Act ..................
E.O. 13985 .................
Statutory.
Executive Order.
Sec. 508 .....................
Statutory.
DLMS 7–1300 .............
VP–RIF .......................
PWA ............................
NDAA ..........................
Department Policy.
Statutory.
Statutory.
Statutory.
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Proposed Changes
Form Design and Structure: VETS has
updated the design of the form to
comply with requirements in DLMS 7–
1300. This includes converting the
overall layout of the form to a Box
Design, with captions in the upper left
corner of fields. Fields and elements
within the form were also reorganized
based on a logical sequence for
completion of the form. The sections of
the form were also modified to have a
templated hierarchy that better
organizes the sections by heading, and
form field number. This improves the
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compatibility of the form with screenreaders, and other assistive technology
as required by Section 508
requirements. Accessibility was further
improved with the addition of more
descriptive field text and labels, tag
ordering, and form controls.
Removal of Content: Several elements
of the prior form were removed from the
new form due to logistical changes
within VETS, a desire to improve
clarity, and a determination that some of
the requested information in the form
was not necessary at the time of claim
filing. The largest removal from the form
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Type
is of Section II: Uniformed Service
Information. VETS determined that the
information necessary to review
eligibility for coverage under USERRA
or Veterans Preference are notably
different, therefore, the information was
separated into the corresponding claim
sections. Questions about the uniformed
service unit the claimant is assigned to,
and the unit’s contact information were
removed, due to their non-relevance at
this stage of claim processing.
Within the Employer Information
Section VETS removed the question
asking about cumulative uniformed
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service. The count of cumulative
uniformed service is heavily influenced
by a determination that an investigator
must make about types of service which
are exempted from the cumulative
count. It is an unreasonable burden on
the claimant to request they assess the
authority for every mobilization they
performed and calculate the cumulative
time while they are filing their claim.
Within the Employer Information
Section VETS also removed the question
asking about Union Representation. The
claimant’s representation by a Union is
not relevant to the intake of their claim,
or subsequent assignment to an
investigator.
Within the form, the information and
ability to file dual claims for USERRA
and Veterans Preference simultaneously
was also removed. While a claimant
may have multiple claims, the eligibility
criteria, and information relevant to
those claims is distinct, and can
possibly conflict. Therefore, a separate
form is required for each claim they
wish to file.
Finally, VETS also removed contact
information by phone from the form.
The phone number previously provided
was to the generic 1(866) 4–USA–DOL
phone line, which did not connect
claimants directly to staff within VETS
who could immediately assist them,
often delaying or preventing the filing of
claims.
Modification of Content: The Claim
Information Section from the prior
version of the form has been separated
into five more appropriate sub-sections,
detangling separate claim types from
one another. These subsections improve
clarity for claimants about which
information is required based on the
type of claim they are filing and reduce
the likelihood of accidental overdisclosure at the time of claim filing.
For example, all information related to
USERRA versus VP/VEOA claims are
split in the form, with clear instructions
in the form about when the claimant can
skip a section.
Many of the fields in each section of
the form were modified to include dropdown lists, radio-boxes, and check
boxes, when possible, to narrow the
field entry options to only values that
are relevant to USERRA, or the statutes
and regulations covering Veterans
Preference or VEOA. This reduces the
risk of improper claim filing, and risk of
providing more information than is
necessary to review and assign their
claim to an investigator. Existing fields
were also modified to provide
additional validation coding for dates,
social security numbers, phone
numbers, etc. Drop boxes and selection
options were also expanded to include
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additional relevant values based on
updated statutes, regulations, and
orders. For example, Space Force, and
FEMA have been added to the list of
uniformed service branches based on
the creation of the Space Force through
the NDAA and expanded coverage to
FEMA service members through the
CREW Act.
VETS has also replaced the USERRA
Issue section of the claim information
section with a series of statements that
the claimant must answer ‘‘Yes’’ or
‘‘No’’ to, to help VETS process and
investigate their claim. The prior
version of the form allowed claimants to
select multiple checkboxes from a list of
‘‘USERRA Issue Codes’’ that match with
coding in our databases that help
categorize the types of claims received.
However, many of these ‘‘Issue Codes’’
are not clearly explained to the claimant
and create miscommunication early in
investigations. The replacement
statements will help to more clearly
identify the exact issue that the claimant
is requesting assistance for, and only if
it’s covered by USERRA.
Next, VETS updated the language and
references contain in all ‘‘statements’’
(Section K through Section O) in the
form. These have been reviewed and
updated with input provided by the
DOL Solicitor’s office.
Finally, the instructions pages for the
form have been separated into a
companion document titled ‘‘VETS
USERRA/VP/VEOA Claim Form
Instructions’’ or VETS–1010a. This
reduces the overall quantity of pages in
the claim document, and ultimately
reduces the resources required to print,
scan, fax, or electronically send or the
form.
Addition of Content: VETS modified
the form to include additional fields and
content we want to collect at the time
of initial claim filing. To comply with
E.O. 13985, VETS has added ‘‘Section
H. Claimant Demographic Data’’ as a
section in the form. This section
requests the claimant voluntarily
identify their disability status, date of
birth, ethnicity, race, and gender. This
information will be used to provide
better training to investigators to better
serve underserved populations, through
review and analysis of case trends and
outcomes that may be related to
claimants’ demographic profiles.
VETS has also added a VP Reduction
in Force (RIF) Claim Information
Section. RIF claims are distinct from
Federal hiring claims in the information
needed to process them. Therefore, this
claim type required its own distinct
claim section, with information required
to process the claim.
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VETS also added fields to request an
email address for person identified in
the document. Missing email addresses
at the time of claim processing reduces
efficiency of investigators and can create
delays in completing an investigation.
Estimated Change in Hour Burden:
VETS estimates that the proposed
revisions will increase the currently
approved public burden from an
estimated 30 minutes to 45 minutes.
VETS has determined that this increase
is related to the inclusion of fields and
sections for USERRA Claim Eligibility
(for USERRA Cases), Reduction in Force
Claim Information (for VP RIF cases),
and Claimant Demographic Information
(All Cases). However, VETS also
estimates a time savings of one to three
hours during the investigation phase for
those claim types, which resulted from
investigators trying to obtain the
missing information through
investigative tasks. VETS further
estimates the inclusion of this new
material will reduce the volume of
erroneously filed claims for situations
that are not covered by USERRA or VP,
which decrease the administrative
burden on Federal staff and resources.
This 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 the OMB
approves it 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 that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–VETS.
Type of Review: Revision.
Title of Collection: Eligibility Data
Form: Uniformed Services Employment
and Reemployment Rights Act and
Veterans’ Preference.
OMB Control Number: 1293–0002.
Form: VETS/USERRA/VP (VETS–
1010 Form).
Affected Public: Individuals or
households.
Total Estimated Number of
Respondents: 2,250.
Frequency: On occasion.
Total Estimated Number of
Responses: 2,250.
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Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Notices
Estimated Average Time per
Response: 45 minutes, including 10
minutes estimated to collect the
information needed to file a USERRA or
VP claim, and 35 minutes estimated to
complete the form.
Total Estimated Burden Hours: 1,688
hours.
Total Estimated Other Burden Costs
(Operating and Maintenance): $0.
(Authority: 44 U.S.C. 3506(c)(2)(A)).
James D. Rodriguez,
Assistant Secretary, Veterans’ Employment
and Training Service, U.S. Department of
Labor.
[FR Doc. 2022–26112 Filed 11–30–22; 8:45 am]
BILLING CODE 4510–79–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 22–CRB–0007–AU (Sirius XM)]
Notice of Intent To Audit
Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright Royalty Judges
announce receipt from SoundExchange,
Inc., of notice of intent to audit the
2019, 2020, and 2021 statements of
account submitted by Sirius XM Radio
Inc.’s Commercial Webcaster service,
Preexisting Satellite Digital Audio Radio
Service, New Subscription Service, and
Business Establishment Service
concerning royalty payments they made
pursuant to two statutory licenses.
ADDRESSES: Docket: For access to the
dockets to read background documents,
go to eCRB at https://app.crb.gov and
perform a case search for docket 22–
CRB–0007–AU (Sirius XM).
FOR FURTHER INFORMATION CONTACT:
Anita Brown, (202) 707–7658, crb@
loc.gov.
SUMMARY:
The
Copyright Act grants to sound
recordings copyright owners the
exclusive right to publicly perform
sound recordings by means of certain
digital audio transmissions, subject to
limitations. Specifically, the right is
limited by the statutory license in
section 114, which allows nonexempt
noninteractive digital subscription
services, eligible nonsubscription
services, and preexisting satellite digital
audio radio services to perform publicly
sound recordings by means of digital
audio transmissions. 17 U.S.C. 114(f). In
addition, a statutory license in section
112 allows a service to make necessary
ephemeral reproductions to facilitate
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SUPPLEMENTARY INFORMATION:
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Jkt 259001
digital transmission of the sound
recording. 17 U.S.C. 112(e).
Licensees may operate under these
licenses provided they pay the royalty
fees and comply with the terms set by
the Copyright Royalty Judges. The rates
and terms for the section 112 and 114
licenses are codified in 37 CFR parts
380 and 382–84.
As one of the terms for these licenses,
the Judges designated SoundExchange,
Inc., (SoundExchange) as the Collective,
i.e., the organization charged with
collecting the royalty payments and
statements of account submitted by
licensees, including those that operate
commercial webcaster services,
preexisting satellite digital audio radio
services, new subscription services, and
those that make ephemeral copies for
transmission to business establishments.
The Collective is also charged with
distributing the royalties to the
copyright owners and performers
entitled to receive them under the
section 112 and 114 licenses. See 37
CFR 380.4(d)(1), 382.5(d)(1), 383.4(a),
384.4(b)(1).
As the Collective, SoundExchange
may, only once a year, conduct an audit
of a licensee for any or all of the prior
three calendar years to verify royalty
payments. SoundExchange must first
file with the Judges a notice of intent to
audit a licensee and deliver the notice
to the licensee. See 37 CFR 380.6(b),
382.7(b), 383.4(a) and 384.6(b).
On November 1, 2022,
SoundExchange filed with the Judges a
notice of intent to audit Sirius XM
Radio Inc. for the years 2019, 2020, and
2021.1 The Judges must publish notice
in the Federal Register within 30 days
of receipt of a notice announcing the
Collective’s intent to conduct an audit.
See 37 CFR 380.6(c) 382.7(c), 383.4(a)
and 384.6(c). This notice fulfills the
Judges’ publication obligation with
respect to SoundExchange’s November
1, 2022 notice of intent to audit Sirius
XM Radio Inc. for the years 2019, 2020,
and 2021.
Dated: November 23, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2022–26074 Filed 11–30–22; 8:45 am]
BILLING CODE 1410–72–P
1 The notice does not include an intent to audit
statutory license payments made by Pandora Media,
LLC or its predecessor company, Pandora Media,
Inc.
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–445 and 50–446; NRC–
2022–0183]
Vistra Operations Company LLC;
Comanche Peak Nuclear Power Plant,
Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: License renewal application;
opportunity to request a hearing and to
petition for leave to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of Facility
Operating License Nos. NPF–87 and
NPF–89, which authorize Vistra
Operations Company LLC (Vistra, the
applicant) to operate Comanche Peak
Nuclear Power Plant (CPNPP), Units 1
and 2. The renewed licenses would
authorize the applicant to operate
CPNPP for an additional 20 years
beyond the period specified in each of
the current licenses. The current
operating licenses for CPNPP expire as
follows: Unit 1 on February 8, 2030, and
Unit 2 on February 2, 2033.
DATES: A request for a hearing or
petition for leave to intervene must be
filed by January 30, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2022–0183 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0183. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document.
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Pages 73795-73798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26112]
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DEPARTMENT OF LABOR
Veterans' Employment and Training Service
Agency Information Collection Activities; Comment Request;
Eligibility Data Form: Uniformed Services Employment and Reemployment
Rights Act and Veterans' Preference
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
DOL is soliciting public comments regarding the proposed revision of
this Office of the Assistant Secretary for Veterans' Employment and
Training Service (VETS) sponsored information collection for the
authority to revise the information collection request (ICR) titled,
``VETS USERRA/VP/VEOA Claim Form,'' previously titled ``Eligibility
Data Form: Uniformed Services Employment and Reemployment Rights Act
and Veterans' Preference.'' The existing version of the form is
currently approved under Office of Management and Budget (OMB) Control
Number 1293-0002.
DATES: Consideration will be given to all written comments received by
January 30, 2023.
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 for free by
contacting William Coughlin by email at [email protected].
Electronic submission: You may submit comments and attachments
electronically at [email protected]. Include ``VETS-1010
Form'' in the subject line of the message, identified by OMB Control
Number 1293-0002.
Comments are invited on: (1) whether the collection of information
is
[[Page 73796]]
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency;
(3) the accuracy of the agency's estimates of the burden and cost of
the collection of information, including the validity of the
methodology and assumptions used; (4) ways to enhance the quality,
utility and clarity of the information collection; and (5) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology. Comments submitted in response
to this notice will be summarized and included in the request for the
Office of Management and Budget approval of the information collection
request. Comments will become a matter of public record.
FOR FURTHER INFORMATION CONTACT: William Coughlin, Investigative
Analyst, Compliance and Investigations, by telephone at 202-693-4715,
or by email at: [email protected].
SUPPLEMENTARY INFORMATION:
Form Description: The VETS USERRA/VP/VEOA Claim Form, VETS USERRA/
VP/VEOA Form 1010 (VETS-1010) is used to file complaints with the DOL
VETS under either the Uniformed Services Employment and Reemployment
Rights Act (USERRA) or the laws and regulations related to Veterans'
Preference (VP) or the Veterans' Employment Opportunities Act (VEOA) in
Federal employment. On October 13, 1994, the Uniformed Services
Employment and Reemployment Rights Act (USERRA), Public Law 103-353,
108 Stat. 3150 was signed into law. The purpose of USERRA is: (1) to
minimize disruption to the lives of persons who perform service in the
uniformed services (including the National Guard and Reserves), as well
as to their employers, their fellow employees, and their communities,
by providing for prompt reemployment of such persons upon completion of
such service; (2) to encourage individuals to participate in non-career
uniformed service by eliminating and minimizing the disadvantages to
civilian careers and employment which can result from such service; and
(3) to prohibit discrimination in employment and acts of reprisal
against persons because of their obligations in the uniformed services,
prior service, intention to join the uniformed services, filing of a
USERRA claim, seeking assistance concerning an alleged USERRA
violation, testifying in a proceeding, or otherwise assisting in an
investigation of a USERRA claim. The Veterans Employment Opportunities
Act (VEOA) of 1998, Public Law 105-339, 12 Stat. 3182, contained in
Title 5 U.S.C. 3330a-3330c, authorizes the Secretary of Labor to
provide assistance to preference eligible individuals who believe their
rights under the veterans' preference laws have been violated, and to
investigate claims filed by those individuals. The purpose of VP and
VEOA is: (1) to provide preference for certain veterans over others in
Federal hiring from competitive lists of applicants; (2) to allow
access to Federal job opportunities to veterans that might otherwise be
closed to the public; and (3) to provide preference eligible veterans
with preference over others in retention during reductions in force
(RIF) in Federal agencies.
Purpose of Request
DOL is proposing to revise VETS USERRA/VP/VEOA Claim Form, which
was previously approved in April 2020 under the title ``Eligibility
Data Form: Uniformed Services Employment and Reemployment Rights Act
and Veterans' Preference.'' Proposed revisions to the form include
updates which add new or missing collection elements, remove non-
pertinent collection elements, improve form accessibility and
structure, improve compliance with DOL form requirements, and update
form selection options. These changes are being made to comply with DOL
requirements, amendments to USERRA, and other statutory, regulatory, or
policy requirements described in Figure 1.
Figure 1
----------------------------------------------------------------------------------------------------------------
Name Abbreviation Type
----------------------------------------------------------------------------------------------------------------
Civilian Reservist Emergency Workforce Act of 2021... CREW Act.................... Statutory.
Executive Order 13985--Advancing Racial Equity, and E.O. 13985.................. Executive Order.
Support for Underserved Communities Through the
Federal Government.
Section 508 of the Rehabilitation Act as amended by Sec. 508.................... Statutory.
the Workforce Innovation and Opportunities Act of
2014--29 U.S.C. 794d.
DLMS 7-1300 DOL Forms Management Program............. DLMS 7-1300................. Department Policy.
5 U.S.C. 3501, 3502.................................. VP-RIF...................... Statutory.
Plain Writing Act of 2010............................ PWA......................... Statutory.
National Defense Authorization Act................... NDAA........................ Statutory.
----------------------------------------------------------------------------------------------------------------
Proposed Changes
Form Design and Structure: VETS has updated the design of the form
to comply with requirements in DLMS 7-1300. This includes converting
the overall layout of the form to a Box Design, with captions in the
upper left corner of fields. Fields and elements within the form were
also reorganized based on a logical sequence for completion of the
form. The sections of the form were also modified to have a templated
hierarchy that better organizes the sections by heading, and form field
number. This improves the compatibility of the form with screen-
readers, and other assistive technology as required by Section 508
requirements. Accessibility was further improved with the addition of
more descriptive field text and labels, tag ordering, and form
controls.
Removal of Content: Several elements of the prior form were removed
from the new form due to logistical changes within VETS, a desire to
improve clarity, and a determination that some of the requested
information in the form was not necessary at the time of claim filing.
The largest removal from the form is of Section II: Uniformed Service
Information. VETS determined that the information necessary to review
eligibility for coverage under USERRA or Veterans Preference are
notably different, therefore, the information was separated into the
corresponding claim sections. Questions about the uniformed service
unit the claimant is assigned to, and the unit's contact information
were removed, due to their non-relevance at this stage of claim
processing.
Within the Employer Information Section VETS removed the question
asking about cumulative uniformed
[[Page 73797]]
service. The count of cumulative uniformed service is heavily
influenced by a determination that an investigator must make about
types of service which are exempted from the cumulative count. It is an
unreasonable burden on the claimant to request they assess the
authority for every mobilization they performed and calculate the
cumulative time while they are filing their claim. Within the Employer
Information Section VETS also removed the question asking about Union
Representation. The claimant's representation by a Union is not
relevant to the intake of their claim, or subsequent assignment to an
investigator.
Within the form, the information and ability to file dual claims
for USERRA and Veterans Preference simultaneously was also removed.
While a claimant may have multiple claims, the eligibility criteria,
and information relevant to those claims is distinct, and can possibly
conflict. Therefore, a separate form is required for each claim they
wish to file.
Finally, VETS also removed contact information by phone from the
form. The phone number previously provided was to the generic 1(866) 4-
USA-DOL phone line, which did not connect claimants directly to staff
within VETS who could immediately assist them, often delaying or
preventing the filing of claims.
Modification of Content: The Claim Information Section from the
prior version of the form has been separated into five more appropriate
sub-sections, detangling separate claim types from one another. These
subsections improve clarity for claimants about which information is
required based on the type of claim they are filing and reduce the
likelihood of accidental over-disclosure at the time of claim filing.
For example, all information related to USERRA versus VP/VEOA claims
are split in the form, with clear instructions in the form about when
the claimant can skip a section.
Many of the fields in each section of the form were modified to
include drop-down lists, radio-boxes, and check boxes, when possible,
to narrow the field entry options to only values that are relevant to
USERRA, or the statutes and regulations covering Veterans Preference or
VEOA. This reduces the risk of improper claim filing, and risk of
providing more information than is necessary to review and assign their
claim to an investigator. Existing fields were also modified to provide
additional validation coding for dates, social security numbers, phone
numbers, etc. Drop boxes and selection options were also expanded to
include additional relevant values based on updated statutes,
regulations, and orders. For example, Space Force, and FEMA have been
added to the list of uniformed service branches based on the creation
of the Space Force through the NDAA and expanded coverage to FEMA
service members through the CREW Act.
VETS has also replaced the USERRA Issue section of the claim
information section with a series of statements that the claimant must
answer ``Yes'' or ``No'' to, to help VETS process and investigate their
claim. The prior version of the form allowed claimants to select
multiple checkboxes from a list of ``USERRA Issue Codes'' that match
with coding in our databases that help categorize the types of claims
received. However, many of these ``Issue Codes'' are not clearly
explained to the claimant and create miscommunication early in
investigations. The replacement statements will help to more clearly
identify the exact issue that the claimant is requesting assistance
for, and only if it's covered by USERRA.
Next, VETS updated the language and references contain in all
``statements'' (Section K through Section O) in the form. These have
been reviewed and updated with input provided by the DOL Solicitor's
office.
Finally, the instructions pages for the form have been separated
into a companion document titled ``VETS USERRA/VP/VEOA Claim Form
Instructions'' or VETS-1010a. This reduces the overall quantity of
pages in the claim document, and ultimately reduces the resources
required to print, scan, fax, or electronically send or the form.
Addition of Content: VETS modified the form to include additional
fields and content we want to collect at the time of initial claim
filing. To comply with E.O. 13985, VETS has added ``Section H. Claimant
Demographic Data'' as a section in the form. This section requests the
claimant voluntarily identify their disability status, date of birth,
ethnicity, race, and gender. This information will be used to provide
better training to investigators to better serve underserved
populations, through review and analysis of case trends and outcomes
that may be related to claimants' demographic profiles.
VETS has also added a VP Reduction in Force (RIF) Claim Information
Section. RIF claims are distinct from Federal hiring claims in the
information needed to process them. Therefore, this claim type required
its own distinct claim section, with information required to process
the claim.
VETS also added fields to request an email address for person
identified in the document. Missing email addresses at the time of
claim processing reduces efficiency of investigators and can create
delays in completing an investigation.
Estimated Change in Hour Burden: VETS estimates that the proposed
revisions will increase the currently approved public burden from an
estimated 30 minutes to 45 minutes. VETS has determined that this
increase is related to the inclusion of fields and sections for USERRA
Claim Eligibility (for USERRA Cases), Reduction in Force Claim
Information (for VP RIF cases), and Claimant Demographic Information
(All Cases). However, VETS also estimates a time savings of one to
three hours during the investigation phase for those claim types, which
resulted from investigators trying to obtain the missing information
through investigative tasks. VETS further estimates the inclusion of
this new material will reduce the volume of erroneously filed claims
for situations that are not covered by USERRA or VP, which decrease the
administrative burden on Federal staff and resources.
This 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 the OMB approves it 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 that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-VETS.
Type of Review: Revision.
Title of Collection: Eligibility Data Form: Uniformed Services
Employment and Reemployment Rights Act and Veterans' Preference.
OMB Control Number: 1293-0002.
Form: VETS/USERRA/VP (VETS-1010 Form).
Affected Public: Individuals or households.
Total Estimated Number of Respondents: 2,250.
Frequency: On occasion.
Total Estimated Number of Responses: 2,250.
[[Page 73798]]
Estimated Average Time per Response: 45 minutes, including 10
minutes estimated to collect the information needed to file a USERRA or
VP claim, and 35 minutes estimated to complete the form.
Total Estimated Burden Hours: 1,688 hours.
Total Estimated Other Burden Costs (Operating and Maintenance): $0.
(Authority: 44 U.S.C. 3506(c)(2)(A)).
James D. Rodriguez,
Assistant Secretary, Veterans' Employment and Training Service, U.S.
Department of Labor.
[FR Doc. 2022-26112 Filed 11-30-22; 8:45 am]
BILLING CODE 4510-79-P
