Notice2023-01779
Agency Information Collection Activities; Comment Request; Death Gratuity
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 30, 2023
Issuing agencies
Labor DepartmentWorkers' Compensation Programs Office
Abstract
The Department of Labor (DOL) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, "Death Gratuity." This request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5925-5926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01779]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
Agency Information Collection Activities; Comment Request; Death
Gratuity
AGENCY: Office of Workers' Compensation Programs, Division of Federal
Employees', Longshore and Harbor Workers' Compensation--DFELHWC-FECA
ACTION: Notice.
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SUMMARY: The Department of Labor (DOL) is soliciting comments
concerning a proposed extension for the authority to conduct the
information collection request (ICR) titled, ``Death Gratuity.'' This
request is part of continuing Departmental efforts to reduce paperwork
and respondent burden in accordance with the Paperwork Reduction Act of
1995 (PRA).
DATES: Consideration will be given to all written comments received by
March 31, 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 free by
contacting Anjanette Suggs by telephone at 202-354-9660 or by email at
<a href="/cdn-cgi/l/email-protection#b2c1c7d5d5c19cd3dcd8d3dcd7c6c6d7f2d6ddde9cd5ddc4"><span class="__cf_email__" data-cfemail="5427213333277a353a3e353a3120203114303b387a333b22">[email protected]</span></a>.
Submit written comments about, or requests for a copy of, this ICR
by mail or courier to the U.S. Department of Labor, Office of Workers'
Compensation Programs, Room S3323, 200 Constitution Avenue NW,
Washington, DC 20210; by email: <a href="/cdn-cgi/l/email-protection#0774726060742966696d6669627373624763686b29606871"><span class="__cf_email__" data-cfemail="3c4f495b5b4f125d52565d52594848597c585350125b534a">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Anjanette Suggs by telephone at 202-
354-9660 or by email at <a href="/cdn-cgi/l/email-protection#186b6d7f7f6b3679767279767d6c6c7d587c7774367f776e"><span class="__cf_email__" data-cfemail="95e6e0f2f2e6bbf4fbfff4fbf0e1e1f0d5f1faf9bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to
reduce paperwork and respondent burden, conducts a pre-clearance
consultation program to provide the general public and Federal agencies
an opportunity to comment on proposed and/or continuing collections of
information before submitting them to the OMB for final approval. This
program helps to ensure 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 can be properly assessed.
Background: The information collected through Forms CA-40, CA-41
and CA-42 is used by claims examiners in OWCP to determine a person's
entitlement to any or all of the death gratuity payment provided by 5
U.S.C. 8102a. The National Defense Authorization Act for Fiscal Year
2008, Public Law (Pub. L.) 110-181, was enacted on January 28, 2008.
Section 1105 of Public Law 110-181 amended the Federal Employees'
Compensation Act (FECA) creating a new section, 5 U.S.C. 8102a
effective upon enactment. This section establishes a FECA death
gratuity benefit of up to $100,000 for eligible beneficiaries of
federal employees and Non-Appropriated Fund Instrumentality (NAFI)
employees who die from injuries incurred in connection with service
with an Armed Force in a contingency operation. 5 U.S.C. 8102a also
permits agencies to authorize retroactive payment of the death gratuity
for employees who died on or after October 7, 2001, in service with an
Armed Force in the theater of operations of Operation Enduring Freedom
and Operation Iraqi Freedom. 5 U.S.C. 8102a also allows federal
employees to vary the order of precedence of beneficiaries or to name
alternate beneficiaries. 20 CFR 10.909 and 10.911 provides that the
Forms CA-40, CA-41, and CA-42 as the forms to be used to designate
beneficiaries and initiate the payment process for death gratuity
benefits. See 5 U.S.C. 8145 and 8149.
Form CA-40 is an optional form that requests the information
necessary from the employee to accomplish this variance and to name
alternate beneficiaries only if the employee wishes to do so. Form CA-
41 provides the means for those named beneficiaries and possible
recipients to file claims for those benefits and requests information
from such claimants so that OWCP may determine their eligibility for
payment. Further, the statute and regulations require agencies to
notify OWCP immediately upon the death of a covered employee. Form CA-
42 provides the means to accomplish this notification and requests
information necessary to administer any claim for benefits resulting
from such a death. This information collection is currently approved
for use through July 31, 2023. 5 CFR 1320.3(c)(3) authorizes this
information collection. 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 under the PRA 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 Control Number. See 5 CFR
1320.5(a) and 1320.6.
Interested parties are encouraged to provide comments to the
contact shown in the ADDRESSES section. Written comments will receive
consideration, and summarized and included in the request for OMB
approval of the final ICR. In order to help ensure appropriate
consideration, comments should mention 1240-0017.
Submitted comments will also be a matter of public record for this
ICR and posted on the internet, without redaction. The DOL encourages
commenters not to include personally identifiable information,
confidential business data, or other sensitive statements/information
in any comments.
The DOL is particularly interested in comments that:
<bullet> 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.
<bullet> Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information,
[[Page 5926]]
including the validity of the methodology and assumptions used.
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> 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--Office of Workers' Compensation Programs.
Type of Review: Extension.
Title of Collection: Death Gratuity.
Forms: CA-40, Designation of a Recipient of the Federal Employees'
Compensation Act Death Gratuity Payment under 5 U.S.C. 8102a; CA-41,
Claim for Survivor Benefits Under the Federal Employees' Compensation
Act Section 8102a Death Gratuity; and CA-42, Official Notice of
Employees' Death for Purposes of FECA Section 8102a Death Gratuity.
OMB Control Number: 1240-0017.
Affected Public: Individuals or Households.
Estimated Number of Respondents: 1.
Frequency: On occasion.
Total Estimated Annual Responses: 1.
Estimated Average Time per Response: 15 minutes.
Estimated Total Annual Burden Hours: .25.
Total Estimated Annual Other Cost Burden: $0.00.
Authority: 44 U.S.C. 3506(c)(2)(A).
Anjanette Suggs,
Agency Clearance Officer.
[FR Doc. 2023-01779 Filed 1-27-23; 8:45 am]
BILLING CODE 4510-CH-P
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