Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices 66941

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.

Type of Review: Extension of a

currently approved collection.

Agency: Employment Standards

Administration (ESA).

Title: Notice of Controversion of Right

to Compensation.

OMB Number: 1215–0023.

Affected Public: Business or other forprofit.

Frequency: On Occasion.

Number of Respondents: 900.

Number of Annual Response: 18,900.

Estimated Time Per Response: 15

minutes.

Total Burden Hours: 4,725.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $7,418.25.

Descripton: The Office of Workers’

Compensation Programs (OWCP)

administers the Longshore and Harbor

Workers’ Compensation Act. This Act

provides benefits to workers injured in

maritime employment on the navigable

waters of the United States or in an

adjoining area customarily used by an

employer in loading, unloading,

repairing, or building a vessel. Pursuant

to section 14(d) of the Act, and 20 CFR

702.251, if an employer controverts the

right to compensation, he shall file with

the district director in the affected

compensation district on or before the

fourteenth day after he has knowledge

of the alleged injury or death, a notice,

in accordance with a form prescribed by

the Secretary, stating that the right to

compensation is controverted.

Form LS–207 is used by insurance

carriers and self-insured employers to

controvert claims under the act. OWCP

district offices use this information to

determine the basis for not paying

benefits in a case. It also informs the

injured claimant of the reason(s) for not

paying compensation benefits. If the

information were not collected, our

district offices and claimants would

have no way of knowing the reason(s)

for controverting the right to

compensation.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 01–31816 Filed 12–26–01; 8:45 am]

BILLING CODE 4510–CF–M

DEPARTMENT OF LABOR

Office of the Secretary

Submission for OMB Review;

Comment Request

December 17, 2001.

The Department of Labor (DOL) has

submitted the following public

information collection requests (ICRs) to

the Office of Management and Budget

(OMB) for review and approval in

accordance with the Paperwork

Reduction Act of 1995 (Pub. L. 104–13,

44 U.S.C. Chapter 35). A copy of this

ICR, with applicable supporting

documentation, may be obtained by

calling the Department of Labor. To

obtain documentation contact Darrin

King on (202) 693–4129 or E-mail: KingDarrin@dol.gov.

Comments should be sent to Office of

Information and Regulatory Affairs,

Attn: OMB Desk Officer for ETA, Office

of Management and Budget, Room

10235, Washington, DC 20503 ((202)

395–7316), within 30 days from the date

of this publication in the Federal

Register.

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, 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.

Type of Review: New collection.

Agency: Employment and Training

Administration (ETA).

Title: Workforce Flexibility (WorkFlex) Program.

OMB Number: 1205–ONEW.

Affected Public: State, Local, or Tribal

Government.

Frequency: Annually and Quarterly.

Type of Response: Reporting.

Number of Respondents: 5.

Number of Annual Responses: 25.

Estimated Time Per Response: 160

hours to prepare and submit a WorkFlex Plan and 8 hours to prepare and

submit quarterly reports.

Total Burden Hours: 960.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $0.

Description: In accordance with

requirements specified in section 192 of

the Workforce Investment Act (the Act)

and 20 CFR 661.420 et seq, States may

apply for a 5-year Work-Flex waiver

authority to implement reforms to their

workforce investment systems in

exchange for program improvement.

The Act provides that the Secretary may

only grant Work-Flex waiver authority

in consideration of a Work-Flex Plan

submitted by a State. States granted

Work-Flex authority are also required to

submit quarterly reports that summarize

waiver activities in the State.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 01–31817 Filed 12–26–01; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment and Training

Administration Apprenticeship

Training, Employer and Labor

Services; Proposed Collection; Labor

Standards for the Registration of

Apprenticeship Programs; 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

66942 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices

Employment and Training

Administration is soliciting comments

concerning the proposed revision of the

collection of the registered

apprenticeship program under Title 29

CFR part 29 (Labor Standards for the

Registration of Apprenticeship

Programs).

A copy of the proposed information

collection request (ICR) can be obtained

by contacting the office listed below in

the addressee section of this notice.

DATES: Written comments must be

submitted to the office listed in the

addressee’s section below on or before

February 25, 2002.

ADDRESSES: Anthony Swoope,

Administrator, Office of Apprenticeship

Training, Employer and Labor Services,

200 Constitution Ave., NW., Room N–

4671, Washington, DC 20210;

Telephone number: (202) 693–2796 (this

is not a toll-free number); E-mail

Internet address: aswoope@doleta.gov;

and Fax number (202) 693–2761.

SUPPLEMENTARY INFORMATION:

I. Background

The National Apprenticeship Act of

1937 authorizes and directs the

Secretary of Labor ‘‘to formulate and

promote the furtherance of labor

standards necessary to safeguard the

welfare of apprentices, to extend the

application of such standards by

encouraging the inclusion thereof in

contracts of apprenticeship, to bring

together employers and labor for the

formulation of programs of

apprenticeship, to cooperate with State

agencies engaged in the formulation and

promotion of standards of

apprenticeship, and to cooperate with

the Secretary of Education ***’’ (29

U.S.C. 50). Section 50a of the Act

authorizes the Secretary of Labor to

‘‘publish information relating to existing

and proposed labor standards of

apprenticeship,’’ and to ‘‘appoint

national advisory committees * * *’’

(29 U.S.C. 50a).

Title 29 CFR part 29 sets forth labor

standards to safeguard the welfare of

apprentices, and to extend the

application of such standards by

prescribing policies and procedures

concerning registration, for certain

Federal purposes, of acceptable

apprenticeship programs with the U.S.

Department of labor, Employment and

Training Administration, Office of

Apprenticeship Training, Employer and

Labor Services (formerly known as the

Bureau of Apprenticeship and

Training). These labor standards,

policies and procedures cover

registration, cancellation, and

deregistration of apprenticeship

programs and the apprenticeship

agreements; the recognition of a State

agency as the appropriate agency for

registering local apprenticeship

programs for certain Federal purposes;

and matters relating thereto.

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

clarify 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

Recordkeeping and data collection

activities regarding registered

apprenticeship are by-products of the

registration system. Organizations

which apply for apprenticeship

sponsorship enter into an agreement

with the Federal Government or

cognizant State government to operate

their proposed programs consistent with

29 CFR part 29. Apprenticeship

sponsors are not required to file reports

regarding their apprentices other than

individual registration and update

information as an apprentice moves

through their program. This revision

request includes revisions to the

Apprenticeship Agreement Form (ETA

671) as follows:

1. Current format (Apprenticeship

Agreement ETA Form 671) Revised

February 2000) of sponsor and

apprentice inverted. To facilitate and

increase efficiency when the apprentice

registers and to align the form with

current processes and procedures in our

program.

2. Revisions on race and ethnicity. To

provide uniformity and comparability in

collecting this data as mandated by the

Office of Management and Budget

(OMB) Notice, Standards for the

Classification of Federal Data on Race

and Ethnicity, in the Federal Register

(October 30, 1997).

3. Career linkage or Direct Entry. To

comply with the U.S. Department of

Labor/Employment and Training

Administration (USDOL/ETA) and the

Office of Management and Budget

(OMB). The current Item 16.,

Apprenticeship School Linkage, has

been enhanced to facilitate the tracking

of participants from additional USDOL/

ETA programs who continue with

higher-skills occupational training or

direct entry participants from technical

training programs that have been

reviewed and approved by the sponsor.

4. Apprentice entry hourly wage. To

track wage progression more accurately

and for Government Performance

Results Act (GPRA) purposes.

5. Additional instructions on reverse

side of form. To provide instructions on

those data elements that are not selfexplanatory as requested previously by

OMB.

These proposed changes will pose

minimal burden on the respondents.

The change in burden is due to an

increase in the number of apprentice

actions from that of the previous PRA

submission.

Type of Review: Revision.

Agency: Employment and Training

Administration.

Title: Title 29 CFR part 29, Labor

Standards for the Registration of

Apprenticeship Programs.

OMB Number: 1205–0223 for 29 CFR

part 29.

Agency Number: ETA Form 671.

Recordkeeping: Apprenticeship

sponsors are required to keep accurate

records on recruitment, selection of the

applicant and/or apprentice and the

employment and training activities

related to the apprentice and the

qualifications of each applicant/

apprentice pertaining to determination

of compliance with the regulation.

Records must be retained, where

appropriate, regarding affirmative action

plans and evidence that qualification

standards have been validated. State

Apprenticeship Councils are also

obligated to keep adequate records

pertaining to determination of

compliance with these regulations. All

of the above records are required to be

maintained for five years. If this

information was not required, there

would be no documentation that the

apprenticeship programs were being

operated in a nondiscriminatory

manner. Many apprenticeship programs

are 4 years or more in duration;

therefore, it is important to maintain the

records for at least 5 years.

Affected Public: Apprentices,

Sponsors, State Apprenticeship

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices 66943

Councils or Agencies, Tribal

Government.

ETA Form 671

Total Respondents: 238,929.

Frequency: 1-time basis.

Total Responses: 238,929.

Average Time per Response: See

Chart.

Estimated Total Burden Hours:

47,556.

SUMMARY OF BURDEN FOR 29 CFR PART 29

Sec. Total respondents Frequency Total responses Average time per responses Burden hours

29.3 ... 127,421 1-time basis ............................................. 127,421 1⁄4 hr./app. ............................................... 31,855

29.6 ... 108,124 1-time basis ............................................. 108,124 1⁄12 hr./app. .............................................. 9,010

29.5 ... 1,674 1-time basis ............................................. 1,674 2 hrs./spon. ............................................. 3,348

1,640 1-time basis ............................................. 1,640 2 hrs./SAC ............................................... 3,280

29.7 ... 40 1-time basis ............................................. 40 1⁄12 hr./spon. ............................................ 3

29.12 (30) 1-time basis ............................................. (30) 0 .............................................................. 0

29.12 (accomplished in 1977; no new state agency expected in 2002)

29.12 30 1-time basis ............................................. 30 2 hrs. SAC .............................................. 60

29.13 0 0 .............................................................. 0 0 .............................................................. 0

Totals 238,929 ................................................................. 238,929 ................................................................. 47,556

Totals Burden Cost (capital/startup):

0.

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

Budge approval of the information

collection request; they will also

become a matter of public record.

Dated: December 20, 2001.

Anthony Swoope,

Administrator, Office of Apprenticeship

Training, Employer and Labor Services.

[FR Doc. 01–31777 Filed 12–26–01; 8:45 am]

BILLING CODE 4510–30–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

Settlement Agreement: Occupational

Injury and Illness Recording and

Reporting

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Notice of settlement agreement.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) has

entered into a settlement agreement

with the National Association of

Manufacturers (NAM) to resolve NAM’s

legal challenge to OSHA’s revised

regulations in 29 CFR part 1904,

Recording and Reporting Occupational

Injuries and Illnesses. As part of the

agreement, OSHA agreed to publish a

copy of the OSHA–NAM settlement

agreement in the Federal Register

within 30 days.

DATES: The settlement agreement was

completed on November 16, 2001.

FOR FURTHER INFORMATION CONTACT: Jim

Maddux, Occupational Safety and

Health Administration, U.S. Department

of Labor, Directorate of Safety Standards

Programs, Room N–3609, 200

Constitution Avenue, NW., Washington,

DC 20210. Telephone (202) 693–2222.

SUPPLEMENTARY INFORMATION:

Background

On January 19, 2001, (66 FR 5916),

OSHA published a final rule, revising

its Occupational Injury and Illness

Recording and Reporting Requirements

in 29 CFR Part 1904. The Agency

subsequently published an amendment

to the final rule on October 12, 2001 (66

FR 35113). After the final rule was

published in January, NAM filed a legal

challenge to the final rule in the United

States District Court for the District of

Columbia. On November 16, 2001,

OSHA and NAM entered into a

settlement agreement to resolve NAM’s

legal challenge. The parties entered into

a revised settlement agreement on

November 29, 2001. As part of this

revised agreement, OSHA agreed to

publish a copy of the revised settlement

agreement in the Federal Register

within 30 days.

Accordingly, the following section of

this notice contains the text of the

OSHA–NAM revised settlement

agreement:

Settlement Agreement

United States District Court for the District of

Columbia

National Association of Manufacturers,

Plaintiff, v. Elaine L. Chao, Secretary, U.S.

Department of Labor, and John Henshaw,

Assistant Secretary of Labor for Occupational

Safety and Health, Defendants.

[Case No: 1:01CV00575 (GK)]

Revised Settlement Agreement

The Federal Defendants and the

National Association of Manufacturers,

by and through counsel, hereby agree as

follows:

1. On January 19, 2001, the

Occupational Safety and Health

Administration issued a Final Rule on

Occupational Injury and Illness

Recording and Reporting Requirements,

29 CFR parts 1904 and 1952 (the Final

Rule). 66 FR 5916–6135 (January 19,

2001). On March 23, 2001, the National

Association of Manufacturers filed a

First Amended Complaint in this Court

challenging portions of the Final Rule.

The Federal Defendants and the

National Association of Manufacturers

have settled their differences as

provided herein.

2. Secretary of Labor will include the

following language in the initial

Compliance Directive to be issued on

the Final Rule.

A. During the initial period the new

recordkeeping rule is in effect, OSHA

compliance officers conducting

inspections will focus on assisting

employers to comply with the new rule

rather than on enforcement. OSHA will

not issue citations for violations of the

recordkeeping rule during the first 120

days after January 1, 2002, provided the

employer is attempting in good faith to

meet its recordkeeping obligation and

agrees to make corrections necessary to

bring the records into compliance.

B. Section 1904.5(a) states that ‘‘[the

employer] must consider an injury or

illness to be work-related if an event or

exposure in the work environment

either caused or contributed to resulting

condition or significantly aggravated a

pre-existing condition. Workrelatedness is presumed for injuries and