Rules and Regulations. Notice

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BILLING CODE 4410-01-P DEPARTMENT OF LABOR Employment and Training Administration Proposed Information Collection; Comments: Work Opportunity Tax Credit Program and the Welfare-to-Work Tax Credit ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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

(ETA)is soliciting comments on the proposed extension (without change) of the Work Opportunity Tax Credit

(WOTC)Program and the Welfare-to-Work Tax Credit (WtWTC) electronic reporting forms ETA 9057-9059; administrative forms ETA 9061-9065; and the following program related documents: November 2002, Third Edition of ETA Handbook No. 408; Planning Guidance Training and Employment Guidance Letter

(TEGL)for the Work Opportunity Tax Credit Program and Welfare-to-Work Tax Credit Allotments Fiscal Year

(FY)2005; and the Technical Assistance and Review Guide. This request covers the period from March 31, 2005 through June 30, 2006. 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: Submit comments on or before May 31, 2005. ADDRESSES: Send comments to: Anthony Dais, U.S. Department of Labor, Employment and Training Administration, Division of Employment Services, Office of Workforce Investment, Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210 (202-693-2784—not a toll free number), fax: 202-693-3015, and e-mail address: *dais.anthony@dol.gov* ; or Send comments to: Dennis I. Lieberman, U.S. Department of Labor, Employment and Training Administration, Division of Adults and Dislocated Workers, Office of Workforce Investment, Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210 (202-693-3580—not a toll free number), fax: 202-693-3587, and e-mail address: *lieberman.dennis@dol.gov.* FOR FURTHER INFORMATION CONTACT: Carmen Ortiz, U.S. Department of Labor, Employment and Training Administration, Division of Employment Services, Office of Workforce Investment, Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210 (202-693-2786—not a toll free number), fax: 202-693-3015, and e-mail address: *ortiz.carmen@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background Data on the WOTC and the WtWTC Tax Credits will be collected by the state workforce agencies

(SWAs)and provided to the Division of Employment Services, Office of Workforce Investment, Washington, DC, through the appropriate Department of Labor

(DOL)regional offices via quarterly management reports. The data obtained from the administrative or processing forms will be used for WOTC and WtWTC national office program performance management and outcome reporting. II. Desired Focus of Comments Currently, ETA is soliciting comments concerning the proposed extension (without change) of the WOTC Program and the WtWTC electronic reporting forms ETA 9057-9059; administrative forms ETA 9061-9065; and the following program related documents: November 2002, Third Edition of ETA Handbook No. 408; Planning Guidance TEGL for the Work Opportunity Tax Credit Program and Welfare-to-Work Tax Credit Allotments for Fiscal Year

(FY)2004; and the Technical Assistance and Review Guide. 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 by including 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. A copy of the proposed Information Collection Request

(ICR)can be obtained by contacting the office listed above in the addressee section of this notice. III. Current Actions This is a request for Office of Management and Budget

(OMB)approval under the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)) to extend the collection of information and use of program materials for the WOTC and WtWTC. On October 4, 2004, the President signed into law the “Working Families Tax Relief Act of 2004,” P.L. 108-311. This law reauthorized the WOTC and WtWTC, without changes, through December 31, 2005. The reauthorization is retroactive to the tax credits' expiration date of December 31, 2003. OMB authorization for the WOTC and WtWTC administrative and electronic reporting forms will expire on March 31, 2005. Further, the Government Paperwork Elimination Act

(GPEA)of 1998 (Pub. L. 105-277) requires that, when feasible, Federal agencies design and implement the use of automated systems that facilitate the electronic signature and filing of forms (by participants) to conduct official business with the public by 2003. The Division of Employment Services, Office of Workforce Investment, complied with this requirement by successfully implementing an electronic reporting system for the tax credits' program and the WOTC and WtWTC quarterly reports. The automated reporting system is known as ETA's Enterprise Information Management System

(EIMS)Tax Credit Reporting System (TCRS). The EIMS/TCRS is a Web-based system that allows states to meet the reporting responsibilities in a more efficient manner while reducing the reporting burden on the state, regional, and national levels. Through this system, states can manually enter or electronically upload the required quarterly data reports (ETA forms 9057, 9058 and 9059). This electronic reporting system reduced burden hours by 78 percent from 3,215,368 annual burden hours estimated for these forms in the 2002 ICR to 703,125 actual burden hours in 2004. The present ICR reflects the substantial decrease in response time for these forms. *Type of Review:* Extension (without change). *Agency:* employment and Training Administration. *Title:* Work Opportunity Tax Credit and Welfare-to-Work Tax Credit. *OMB Number:* 1205-0371. *Burden Hours:* (See Chart Below) Requirement Total respondents Frequency Annual response Average response time Annual burden hours Form 9057 52 Quarterly 208 1:00 208 Form 9058 52 Quarterly 208 1:00 208 Form 9059 52 Quarterly 208 1:00 208 Employer/Job-seeker Complete Form 9061 770,000 On occasion 770,000 .33 254,100 Form 9061 processed by SWAs 52 On occasion 770,000 .33 254,100 Form 9062 52 On occasion 40 .33 13 Form 9063 52 On occasion 440,000 .33 145,200 Form 9065 52 Quarterly 208 1:00 208 Recordkeeping 52 Annually 52 931 48,412 Planning Guidance 52 One time 52 8:00 416 Modification Planning Guidance 52 One time 52 1:00 52 Total 1,801,028 703,125 *Total Burden Hours:* 703,125. *Total Burden Cost (capital/startup):* 0. *Total Burden Cost (operating/maintaining):* 0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request, and they will also become a matter of public record. Dated: Signed at Washington, DC, this 25th day of March, 2005. Emily Stover DeRocco, Assistant Secretary, Employment and Training. [FR Doc. E5-1412 Filed 3-30-05; 8:45 am] BILLING CODE 4510-30-P RAILROAD RETIREMENT BOARD Proposed Collection; Comment Request *Summary:* In accordance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board

(RRB)will publish periodic summaries of proposed data collections. *Comments are invited on:*

(a)Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;

(b)the accuracy of the RRB's estimate of the burden of the collection of the information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and Purpose of Information Collection Employee Non-Covered Service Pension Questionnaire; OMB 3220-0154. Section 215(a)(7) of the Social Security Act provides for a reduction in social security benefits based on employment not covered under the Social Security Act or the Railroad Retirement Act (RRA). This provision applies a different social security benefit formula to most workers who are first eligible after 1985 to both a pension based in whole or in part on non-covered employment and a social security retirement or disability benefit. There is a guarantee provision that limits the reduction in the social security benefit to one-half of the portion of the pension based on non-covered employment after 1956. Section 8011 of Public Law 100-647 changed the effective date of the onset from the first month of eligibility to the first month of concurrent entitlement to the non-covered service benefit and the RRA benefit. Section 3(a)(1) of the RRA provides that the Tier I benefit of an employee annuity will be equal to the amount (before any reduction for age or deduction for work) the employee would receive if he or she would have been entitled to a like benefit under the Social Security Act. The reduction for a non-covered service pension also applies to a Tier I portion of employees under the RRA where the annuity or non-covered service pension begins after 1985. Since the amount of a Tier I benefit of a spouse is one-half of the employee's Tier I, the spouse annuity is also affected by the employee's non-covered service pension reduction of his or her Tier I benefit. The RRB utilizes Form G-209, *Employee Non-Covered Service Pension Questionnaire,* to obtain needed information from railroad retirement employee applicants or annuitants about the receipt of a pension based on employment not covered under the Railroad Retirement Act or the Social Security Act. It is used as both a supplement to the employee annuity application, and as an independent questionnaire to be completed when an individual who is already receiving an employee annuity, becomes entitled to a pension. One response is requested of each respondent. Completion is required to obtain or retain benefits. The RRB proposes no changes to Form G-209. Estimate of Annual Respondent Burden The estimated annual respondent burden is as follows: Form #(s) Annual responses Time

(min)Burden

(hrs)G-209 (partial questionnaire) 100 1 2 G-209 (full questionnaire) 400 8 53 Total 500 55 2. Title and Purpose of Information Collection Availability for Work; OMB 3220-0164. Under section 1(k) of the Railroad Unemployment Insurance Act, unemployment benefits are not payable for any day for which the claimant is not available for work. Under Railroad Retirement Board

(RRB)regulation 20 CFR 327.5, “available for work” is defined as being willing and ready for work. This section further provides that a person is “willing” to work if that person is willing to accept and perform for hire such work as is reasonably appropriate to his or her employment circumstances. The section also provides that a claimant is “ready” for work if he or she:

(1)Is in a position to receive notice of work and is willing to accept and perform such work, and

(2)is prepared to be present with the customary equipment at the location of such work within the time usually allotted. Under RRB regulation 20 CFR 327.15, a claimant may be requested at any time to show, as evidence of willingness to work, that he or she is making reasonable efforts to obtain work. In order to determine whether a claimant is:

(a)Available for work, and

(b)willing to work, the RRB utilizes Forms UI-38 and UI-38s to obtain information from the claimant and Form ID-8k from his union representative. One response is completed by each respondent. The RRB proposes no changes to Forms UI-38, UI-38s and ID-8k. Estimate of Annual Respondent Burden The estimated annual respondent burden is as follows: Form # Annual responses Time

(min)Burden

(hrs)UI-38s In person 250 6 25 By mail 500 10 83 UI-38 3,750 11.5 719 ID-8k 3,100 5 258 Total 7,600 1,085 *Additional Information or Comments:* To request more information or to obtain a copy of the information collection justifications, forms, and/or supporting material, please call the RRB Clearance Officer at

(312)751-3363 or send an e-mail request to *Charles.Mierzwa@RRB.GOV* . Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 N. Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to *Ronald.Hodapp@RRB.GOV* . Comments should be received within 60 days of this notice. Charles Mierzwa, Clearance Officer. [FR Doc. 05-6337 Filed 3-30-05; 8:45 am]

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