[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Page 80849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32283]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Operator Response to Schedule for Submission 
of Additional Evidence, and Operator Response to Notice of Claim

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, ``Operator Response to 
Schedule for Submission of Additional Evidence, and Operator Response 
to Notice of Claim,'' 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 24, 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: 202-395-6929/
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].

SUPPLEMENTARY INFORMATION: The OWCP, Division of Coal Mine Workers' 
Compensation (DCMWC), administers the Black Lung Benefits Act (30 
U.S.C. 901 et seq.), which provides benefits to coal miners totally 
disabled due to pneumoconiosis, and their surviving dependents. When 
the DCMWC makes a preliminary analysis of a claimant's eligibility 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 preliminary analysis. Regulations require 
that a coal mine operator be identified and notified of potential 
liability as early in the adjudication process as possible. Forms CM-
2790 and CM-2970 are used for claims filed after January 19, 2001, and 
indicate that the coal mine operator will submit additional evidence or 
respond to the notice of claim.
    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 1240-033. 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 51488).
    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 1240-0033. 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: Operator Response to Schedule for Submission 
of Additional Evidence (CM-2970) and Operator Response to Notice of 
Claim (CM-2970A).
    OMB Control Number: 1240-0033.
    Affected Public: Private sector, Business or other for-profits.
    Total Estimated Number of Respondents: 9,600.
    Total Estimated Number of Responses: 9,600.
    Total Estimated Annual Burden Hours: 2000.
    Total Estimated Annual Costs Burden: $4,512.

    Dated: December 17, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010-32283 Filed 12-22-10; 8:45 am]
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