51858 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 

The OMB is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: Mine Safety and Health 

Administration. 

Type of Review: Extension without 

change of currently approved collection. 

Title: Petitions for Modification—

Pertains to All Mines. 

OMB Number: 1219–0065. 

Frequency: On occasion. 

Type of Response: Reporting and 

Third party disclosure. 

Affected Public: Business or other forprofit. 

Number of Respondents: 94. 

Estimated Number of Annual 

Responses: Approximately 74 petitions 

are prepared by mine operators (these 

are included in the burden hour 

estimate) and approximately 20 are 

prepared by independent legal counsel 

(these are included in the cost estimate). 

Average Response Time: 40 hours. 

Estimated Annual Burden Hours: 

2,960. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): $40,000. 

Description: Section 101(c) of the 

Federal Mine Safety and Health Act of 

1977 (Mine Act), 30 U.S.C. 811(c), 

provides that a mine operator or a 

representative of miners may petition 

the Secretary of Labor (Secretary) to 

modify the application of a mandatory 

safety standard. A petition for 

modification may be granted if the 

Secretary determines (1) that an 

alternative method of achieving the 

results of the standard exists and that it 

will guarantee, at all times, no less than 

the same measure of protection for the 

miners affected as that afforded by the 

standard, or (2) that the application of 

the standard will result in a diminution 

of safety to the miners affected. 

Under 30 CFR 44.9, mine operators 

must post a copy of each petition for 

modification concerning the mine on 

the mine’s bulletin board and maintain 

the posting until a ruling on the petition 

becomes final. This applies only to 

mines for which there is no 

representative of miners. 

Under 30 CFR 44.10, detailed 

guidance for filing a petition for 

modification is provided for the 

operator of the affected mine or any 

representative of the miners at that 

mine. The petition must be in writing, 

filed with the Director, Office of 

Standards, Regulations and Variances, 

and a copy of the petition served by the 

filing party (the mine operator or 

representative of miners) on the other 

party. 

Under 30 CFR 44.11(a), the petition 

for modification must contain the 

petitioner’s name and address; the 

mailing address and mine identification 

number of the mine or mines affected; 

the mandatory safety standard to which 

the petition is directed; a concise 

statement of the modification requested 

and whether the petitioner (1) proposes 

to establish an alternate method in lieu 

of the mandatory safety standard, or (2) 

alleges that application of the standard 

will result in diminution of safety to the 

miners affected, or (3) requests relief 

based on both grounds; a detailed 

statement of the facts that show the 

grounds upon which a modification is 

claimed or warranted; and, if the 

petitioner is a mine operator, the 

identity of any representative of miners 

at the affected mine. 

Promptly upon receipt of a petition, 

MSHA publishes a notice in the Federal 

Register advising interested parties that 

they may provide comments or other 

relevant information on the proposed 

modification. Thereafter, MSHA 

conducts an investigation to determine 

the merits of the petition for the purpose 

of deciding whether or not to grant it 

and, if granted, whether there is a need 

for any additional terms or conditions. 

Ira L. Mills, 

Departmental Clearance Officer. 

[FR Doc. 06–7347 Filed 8–30–06; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Proposed Collection for the ETA 227, 

Overpayment Detection and Recovery 

Activities; 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 

Employment and Training 

Administration is soliciting comments 

concerning the proposed extension for 

collection of the ETA 227 Report, 

Overpayment Detection and Recovery 

Activities. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the ADDRESSES section of this notice or 

by accessing: http://www.doleta.gov/ 

Performance/guidance/ 

OMBControlNumber.cfm. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee section below on or before 

October 30, 2006. 

ADDRESSES: Nancy Dean, U.S. 

Department of Labor, Employment and 

Training Administration, Room S4231, 

200 Constitution Avenue, NW., 

Washington, DC 20210, Phone: (202) 

693–3215 (This is not a toll-free 

number), Fax: (202) 693–3975, e-mail: 

dean.nancy@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 303(a)(1) of the Social 

Security Act requires a state’s 

unemployment insurance (UI) law to 

include provisions for: 

‘‘Such methods of administration * * * as 

are found by the Secretary of Labor to be 

reasonably calculated to insure full payment 

of unemployment compensation when due 

***’’


erjones on PROD1PC72 with NOTICES
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 51859 

Section 303(a)(5) of the Social 

Security Act further requires a state’s UI 

law to include provisions for: 

‘‘Expenditure of all money withdrawn from 

an unemployment fund of such State, in the 

payment of unemployment compensation 

***’’

Section 3304(a)(4) of the Internal 

Revenue Code of 1954 provides that: 

‘‘all money withdrawn from the 

unemployment fund of the State shall be 

used solely in the payment of unemployment 

compensation * * *’’

The Secretary of Labor has interpreted 

the above sections of federal law in 

Section 7511, Part V, ES Manual to 

further require a state’s UI law to 

include provisions for such methods of 

administration as are, within reason, 

calculated (1) to detect benefits paid 

through error by the State Workforce 

Agency (SWA) or through willful 

misrepresentation or error by the 

claimant or others, (2) to deter claimants 

from obtaining benefits through willful 

misrepresentation, and (3) to recover 

benefits overpaid. The ETA 227 is used 

to determine whether SWAs meet these 

requirements. 

The ETA–227 contains data on the 

number and amounts of fraud and nonfraud overpayments established, the 

methods by which overpayments were 

detected, the amounts and methods by 

which overpayments were collected, the 

amounts of overpayments waived and 

written off, the accounts receivable for 

overpayments outstanding, and data on 

criminal/civil actions. 

These data are gathered by 53 SWAs 

and reported to the Department of Labor 

following the end of each calendar 

quarter. The overall effectiveness of 

SWAs’ UI integrity efforts can be 

determined by examining and analyzing 

the data. 

These data are also used by SWAs as 

a management tool for effective UI 

program administration. 

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. 

III. Current Actions 

The UI program paid approximately 

$42 billion in benefits in 2004. 

Although the overpayment rate (fraud 

and non-fraud) derived from the ETA 

227 is relatively low (less than 3.25 

percent), high amounts of money are 

involved, and it is in the national 

interest to maintain the program’s 

integrity. Therefore, we are proposing to 

extend the authorization to continue 

collecting data to measure the 

effectiveness of the benefit payment 

control programs in the SWAs. 

Type of Review: Extension. 

Agency: Employment and Training 

Administration. 

Title: Overpayment Detection and 

Recovery Activities. 

OMB Number: 1205–0173. 

Agency Form Number: ETA 227. 

Affected Public: State Government. 

Total Respondents: 53 state agencies. 

Frequency: Quarterly. 

Total Responses: 212. 

Average Time per Response: 14 hours. 

Estimated Total Burden Hours: 2,968. 

Total Burden Cost (operating/ 

maintaining): $0. 

Comments submitted in response to 

this comment request 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: August 24, 2006. 

Dale Zeigler, 

Deputy Administrator, Office of Workforce 

Security. 

[FR Doc. 06–7346 Filed 8–30–06; 8:45 am] 

BILLING CODE 4510–30–P 

NATIONAL COUNCIL ON DISABILITY 

International Watch Advisory 

Committee Meetings (Conference 

Calls) 

Agency: National Council on 

Disability (NCD). 

Time and Dates: 12 noon, Eastern 

Time, November 2, 2006; January 4, 

2007; March 1, 2007; May 3, 2007; July 

5, 2007; September 6, 2007. 

Place: National Council on Disability, 

1331 F Street, NW., Suite 850, 

Washington, DC. 

Status: All parts of these conference 

calls will be open to the public. Those 

interested in participating on conference 

calls should contact the appropriate 

staff member listed below. Due to 

limited resources, only a few telephone 

lines will be available for each 

conference call. 

Agendas: Roll call, announcements, 

overview of accomplishments, planning, 

reports, new business, adjournment. 

Contact Person for More Information: 

Joan M. Durocher, Senior Attorney 

Advisor and Designated Federal 

Official, National Council on Disability, 

1331 F Street NW., Suite 850, 

Washington, DC 20004; 202–272–2004 

(voice), 202–272–2074 (TTY), 202–272–

2022 (fax), jdurocher@ncd.gov (e-mail). 

Accommodations: Those needing 

reasonable accommodations should 

notify NCD at least two weeks before 

this meeting. 

International Watch Advisory 

Committee Mission: The purpose of 

NCD’s International Watch is to share 

information on international disability 

issues and to advise NCD on developing 

policy proposals that will advocate for 

a foreign policy that is consistent with 

the values and goals of the Americans 

with Disabilities Act. 

Language Translation: In accordance 

with E.O. 13166, Improving Access to 

Services for Persons with Limited 

English Proficiency, those people with 

disabilities who are limited English 

proficient and seek translation services 

for this meeting should notify NCD at 

least two weeks before this meeting. 

Dated: August 24, 2006. 

Mark S. Quigley, 

Acting Executive Director and Director of 

Communications. 

[FR Doc. E6–14492 Filed 8–30–06; 8:45 am] 

BILLING CODE 6820–MA–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–34438] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–30390–01, for 

Unrestricted Release of the SFBC 

Taylor Technology, Incorporated 

Facility Located at 107 College Road 

East in Princeton, NJ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 


erjones on PROD1PC72 with NOTICES