6134 Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices 

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 that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1219–0054. The current 

approval is scheduled to expire on 

January 31, 2013; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

This ICR has been classified as a 

revision for technical reasons. This ICR 

would move burden associated with 

information collection requirements 

contained in regulations 30 CFR 75– 

1103–5(a)(2)(ii) and 75.1103–8(b) and 

(c) from Control Number 1219–0145 to 

1219–0054; however, the actual 

requirements will remain unchanged. 

The DOL intends to submit a 

corresponding non-material change 

under Control Number 1219–0145 to the 

OMB after receiving a Notice of Action 

approving Control Number 1219–0054 

with the new burden. For additional 

information, see the related notice 

published in the Federal Register on 

September 19, 2012 (77 FR 58170). 

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 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1219– 

0054. 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–MSHA. 

Title of Collection: Fire Protection in 

Underground Coal Mines. 

OMB Control Number: 1219–0054. 

Affected Public: Private Sector— 

businesses or other for-profits. 

Total Estimated Number of 

Respondents: 549. 

Total Estimated Number of 

Responses: 294,618. 

Total Estimated Annual Burden 

Hours: 54,809. 

Total Estimated Annual Other Costs 

Burden: $693. 

Dated: January 23, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–01738 Filed 1–28–13; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Unemployment Compensation for ExServicemembers 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Employment 

and Training Administration (ETA) 

sponsored information collection 

request (ICR) titled, ‘‘Unemployment 

Compensation for Ex-Servicemembers,’’ 

to the Office of Management and Budget 

(OMB) for review and approval for 

continued use in accordance with the 

Paperwork Reduction Act (PRA) of 1995 

(44 U.S.C. 3501 et seq.). 

DATES: Submit comments on or before 

February 28, 2013. 

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 from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, 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 sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–ETA, Office of 

Management and Budget, Room 10235, 

725 17th Street NW., Washington, DC 

20503, Fax: 202–395–6881 (this is not a 

toll-free number), email: 

OIRA_submission@omb.eop.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. 

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

SUPPLEMENTARY INFORMATION: The 

Unemployment Compensation for ExServicemembers Act (UCXA), 5 U.S.C. 

8521 et seq., provides unemployment 

insurance protection to former members 

of the Armed Forces. The UCXA 

requires a State Workforce Agency 

(SWA) to administer the Unemployment 

Compensation for Ex-Servicemembers 

(UCX) Program in accordance with the 

same terms and conditions of State 

unemployment insurance law that apply 

to unemployed claimants who have 

worked in the private sector. Each SWA 

must obtain certain military service 

information about a claimant filing for 

UCX benefits in order to make a benefiteligibility determination. A SWA may 

record or obtain required UCX 

information on Form ETA–843, Request 

for Military Document and Information. 

Use of this form may be essential to the 

UCX claims process. Optional-use Form 

ETA–841, Request for Determination of 

Federal Military Service and Wages, is 

also part of this information collection. 

Information pertaining to the UCX 

claimant can only be obtained from the 

individual’s military discharge papers, 

the appropriate branch of military 

service, or the Department of Veterans’ 

Affairs. Without a claimant’s military 

information, a SWA cannot adequately 

determine the eligibility of exservicemembers and would not be 

properly able to administer the program. 

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 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 that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1205–0176. The current 

approval is scheduled to expire on 

January 31, 2013; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices 6135 

1 In accordance with the requirements of the 

Federal Civil Penalties Inflation Adjustment Act of 

1990, as amended, the Department’s regulation at 

29 CFR 2575.502c–2 increased the maximum civil 

penalty from $1,000 a day as stated in section 

502(c)(2) of ERISA to $1,100 a day for violations 

occurring after July 29, 1997. 

For additional information, see the 

related notice published in the Federal 

Register on September 18, 2012 (77 FR 

57595). 

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 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1205– 

0176. 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–ETA. 

Title of Collection: Unemployment 

Compensation for Ex-Servicemembers. 

OMB Control Number: 1205–0176. 

Affected Public: State, Local, and 

Tribal Governments. 

Total Estimated Number of 

Respondents: 53. 

Total Estimated Number of 

Responses: 6,172. 

Total Estimated Annual Burden 

Hours: 103. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: January 23, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–01850 Filed 1–28–13; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

RIN 1210–ZA15 

Delinquent Filer Voluntary Compliance 

Program 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Notice, Changes to the 

Delinquent Filer Voluntary Compliance 

Program. 

SUMMARY: This Notice describes changes 

to the Department of Labor’s 

(Department) Delinquent Filer 

Voluntary Compliance Program (DFVC 

Program or Program). Administrators of 

employee benefit plans subject to Title 

I of the Employee Retirement Income 

Security Act of 1974 (ERISA) who fail 

to file annual reports on a timely basis 

can be subject to civil penalties under 

section 502(c)(2) of ERISA. The DFVC 

Program is intended to encourage 

delinquent plan administrators to 

comply with their annual reporting 

obligations under ERISA through the 

assessment of reduced civil penalties. 

The DFVC Program was initially 

adopted in 1995 and was last updated 

in a published Federal Register Notice 

on March 28, 2002 (2002 Notice). The 

Department’s DFVC Program Web site 

has been updated periodically since 

2002 to reflect the adoption of technical 

changes to the Program. Most recently, 

the DFVC Program Web site was 

updated to reflect the Department’s final 

regulation mandating electronic filing of 

annual reports as part of the 

implementation of a wholly electronic 

ERISA Filing Acceptance System 

(EFAST2) for those reports. (See 

www.dol.gov/ebsa.) This Notice also 

describes an existing online penalty 

calculator and Internet-based payment 

system for the DFVC Program. (See 

http://www.dol.gov/ebsa/calculator/ 

dfvcpmain.html). This Notice is 

intended to be a comprehensive update 

and restatement of the DFVC Program 

that incorporates the changes that have 

been made in the DFVC Program since 

the 2002 Notice. 

DATES: The DFVC Program described 

herein is effective immediately on 

publication, and it supersedes and 

replaces the DFVC Program Notice 

published in the Federal Register on 

March 28, 2002 (67 FR 15062). 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the DFVC Program, 

including making an application, 

contact Jennifer C. Warner or Scott C. 

Albert, Office of the Chief Accountant, 

EBSA, (202) 693–8360. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Secretary of Labor has the 

authority under section 502(c)(2) of 

ERISA to assess civil penalties of up to 

$1,100 1 a day against plan 

administrators who fail or refuse to file 

complete and timely annual reports as 

required under section 101(b) of ERISA 

and the Secretary’s regulations. 

Pursuant to 29 CFR 2560.502c–2 and 29 

CFR 2570.60 et seq., EBSA maintains an 

enforcement program for the assessment 

of civil penalties under section 502(c)(2) 

of ERISA for noncompliance with 

ERISA’s annual reporting requirements. 

Under this enforcement program, plan 

administrators who fail to file an annual 

report may be assessed a penalty of $300 

per day, up to $30,000 per year, until a 

complete annual report is filed. Plan 

administrators who file but file late 

annual reports may be assessed $50 per 

day for each day an annual report is 

filed after the date on which the annual 

report was required to be filed, without 

regard to any extensions of time for 

filing. The Department may, in its 

discretion, waive all or part of a civil 

penalty assessed under section 502(c)(2) 

of ERISA upon a showing by the 

administrator that there was reasonable 

cause for the failure to file a complete 

and timely annual report or that there 

was reasonable cause why the penalty, 

as calculated, should not be assessed. 

In an effort to encourage plan 

administrators to voluntarily comply 

with the annual reporting requirements 

under Title I of ERISA, the Department 

adopted the DFVC Program. The DFVC 

Program was initially adopted on April 

27, 1995 (60 FR 20874), and amended 

by Notice published on March 28, 2002 

(67 FR 15052). The Program permits 

administrators otherwise subject to the 

assessment of higher civil penalties for 

failing to file a timely annual report to 

pay reduced civil penalties for 

voluntarily complying with the 

requirement to file an annual report 

under Title I of ERISA. Eligible plan 

administrators have been able to avail 

themselves of the DFVC Program by 

filing their delinquent Form 5500, 

‘‘Annual Return/Report of Employee 

Benefit Plan,’’ together with all required 

schedules and attachments (Form 5500) 

in accordance with applicable filing 


srobinson on DSK4SPTVN1PROD with