[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80539-80540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32088]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application for Approval of a Representative's 
Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of 
Labor

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) hereby announces the submission 
of the Office of Workers' Compensation Programs (OWCP) sponsored 
information collection request (ICR) titled, ``Application for Approval 
of a Representative's Fee in Black Lung Claim Proceedings Conducted by 
the U.S. Department of Labor,'' to the Office of Management and Budget 
(OMB) for review and approval for continued use in accordance with the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

DATES: Submit comments on or before January 21, 2011.

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 from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain or by contacting Michel Smyth by telephone at 202-693-4129 
(this is not a toll-free number) or sending an e-mail to [email protected].
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, 
Office of Workers' Compensation Programs (OWCP), Office of Management 
and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-4816/
Fax: 202-395-6881 (these are not toll-free numbers), e-mail: [email protected].

FOR FURTHER INFORMATION: Contact Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or by e-mail at [email protected].

[[Page 80540]]


SUPPLEMENTARY INFORMATION: Individuals filing with the OWCP and 
Division of Coal Mine Workers' Compensation (DCMWC) for benefits under 
the Black Lung Benefits Act may elect to be represented or assisted by 
an attorney or other representative. For those cases that are approved, 
30 U.S.C. 901 of the Black Lung Benefits Act and 20 CFR 725.365-6 of 
the Black Lung Regulations established standards for the information 
and documentation that must be submitted to the program for review so 
that the representative may be paid for services rendered to the 
claimant. Upon receipt of that evidence, the adjudicating official is 
required by regulation to evaluate the application and, based on the 
supporting information in the claim file, approve a fee for services 
rendered. To assist the representatives participating in the Black Lung 
Benefits Program a form, CM-972, was devised to provide a standardized 
format for submitting information required by regulation.
    Form CM-972 is sent to and completed by the authorized 
representative of a black lung claimant whose claim has been approved 
for benefits. The completed form is then returned to and evaluated by 
the district director, administrative law judge, or appropriate 
appellate tribunal before whom the claimed services were performed, and 
a fee amount is determined.
    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 it is currently approved by the OMB under the PRA 
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 if the collection of information does not display a 
currently valid OMB control number. See 5 CFR 1320.5(a) and 1320.6. The 
DOL obtains OMB approval for this information collection under OMB 
Control Number 1240-0011. The current OMB approval is scheduled to 
expire on December 31, 2010; however, it should be noted that 
information collections submitted to the OMB receive a month-to-month 
extension while they undergo review. For additional information, see 
the related notice published in the Federal Register on August 20, 2010 
(75 FR 51487).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within 30 days of publication of this notice in 
the Federal Register. In order to ensure the appropriate consideration, 
comments should reference OMB Control Number 1240-0011. The OMB is 
particularly interested in comments that:
     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: Office of Workers' Compensation Programs (OWCP).
    Title of Collection: Application for Approval of a Representative's 
Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of 
Labor.
    OMB Control Number: 1240-0011.
    Affected Public: Private sector, Business or other for-profits.
    Total Estimated Number of Respondents: 285.
    Total Estimated Number of Responses: 285.
    Total Estimated Annual Burden Hours: 200.
    Total Estimated Annual Costs Burden: $0.

    Dated: December 16, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010-32088 Filed 12-21-10; 8:45 am]
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