[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Pages 22571-22572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9340]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Collection; Comment Request

ACTION: Notice.

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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 Standards Administration is soliciting 
comments concerning the proposed collection: Operator Controversion 
(CM-970), Operator Response (CM-970A), Operator Response to Schedule 
for Submission of Additional Evidence (CM-2970) and Operator Response 
to Notice of Claim (CM-2970A). A copy of the proposed information 
collection request can be obtained by contacting the office listed 
below in the ADDRESSES section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before June 25, 2004.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, E-mail [email protected]. Please 
use only one method of transmission for comments (mail, fax, or E-
mail).

SUPPLEMENTARY INFORMATION:
    I. Background: The Division of Coal Mine Workers' Compensation 
administers the Black Lung Benefits Act (30 U.S.C. 901 et. seq.) which 
provides benefits to coal miners totally disabled due to pneumoniosis, 
and their surviving dependents. When the Division of Coal Mine Workers' 
Compensation (DCMWC) makes an initial finding that an applicant is 
eligible for benefits, and, if a coal mine operator has been identified 
as potentially liable for payment of those benefits, the responsible 
operator is notified of the initial finding. The CM-970 gives the 
operator an opportunity to controvert the liability. The CM-970 is used 
for all claims filed before January 19, 2001. Regulations require that 
a coal mine operator be identified and notified of potential liability 
as early in the adjudication process as possible. The CM-970A is sent 
to the operator with the Notice of Claim notifying the operator of 
potential liability of payment for benefits. The CM-970A gives the 
operator an opportunity to agree or disagree with the identification. 
The CM-970A is used for all claims filed before January 19, 2001. The 
CM-2970 and CM-2970A serve the same purposes as the CM-970 and CM-970A 
these forms will be used for all claims filed after January 19, 2001. 
Regulatory authority is found in 20 CFR 725.412 for the CM-970, 20 CFR 
725.413 for the CM-970A, 20 CFR 725.410 for the CM-2970 and 20 CFR 
725.408 for the CM-2970A. This information collection is currently 
approved for use through September 30, 2004.
    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 Department of Labor seeks the extension 
of approval to collect this information in order to carry out its 
responsibility to administer the Black Lung Benefits Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Operator Controversion (CM-970), Operator Response (CM-
970A), Operator Response to Schedule for Submission of Additional 
Evidence (CM-2970), Operator Response to Notice of Claim (CM-2970A).
    OMB Number: 1215-0058.
    Agency Number: CM-970, CM-970A, CM-2970, CM-2970A.
    Affected Public: Business or other for-profit; State, Local or 
Tribal Government.
    Total Respondents: 8,200.
    Total Annual responses: 8,200.
    Frequency: On occasion.

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                                                   Number of        Average time per response
                     Form                         respondents               (minutes)              Burden hours
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CM-970........................................             100  15..............................              25

[[Page 22572]]

 
CM-970A.......................................             100  10..............................              17
CM-2970.......................................           4,000  10..............................             667
CM-2970A......................................           4,000  15..............................           1,000
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      Total...................................           8,200  ................................           1,709
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    Estimated Total Burden Hours: 1,709.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $3,280.00.
    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; they will also become a 
matter of public record.

    Dated: April 20, 2004.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 04-9340 Filed 4-23-04; 8:45 am]
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