[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Pages 4975-4976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01756]


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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) is submitting the Office of 
Workers' Compensation Programs sponsored information collection request 
(ICR) revision 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 use in accordance with the Paperwork Reduction Act (PRA) 
of 1995 (44 U.S.C. 3501 et seq.).

DATES: Submit comments on or before March 3, 2014.

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 of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201309-1240-002 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
OWCP, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-6881 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor--OASAM, Office of 
the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an 
email to [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks OMB approval under the PRA to 
revise the Application for Approval of a Representative's Fee in Black 
Lung Claim Proceedings Conducted by the U.S. Department of Labor, Form 
CM-972, to include information about how a respondent with a disability 
may contact the OWCP in order to receive assistance in completing the 
form. There is no change to the information collected from the public.
    Individuals filing with the OWCP, Division of Coal Mine Workers' 
Compensation 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 have 
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. Form CM-972 
provides a standardized format that assists representatives 
participating in the Black Lung Benefits Program to submit the required 
information.
    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 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 that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1240-0011. The current approval is scheduled to 
expire on January 31, 2014; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New requirements 
would only take effect upon OMB approval. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on September 11, 2013 (77 FR 55761).
    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 help ensure appropriate 
consideration, comments should mention 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: DOL-OWCP.
    Title of Collection: Application for Approval of a Representative's 
Fee in

[[Page 4976]]

Black Lung Claim Proceedings Conducted by the U.S. Department of Labor.
    OMB Control Number: 1240-0011.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 338.
    Total Estimated Number of Responses: 338.
    Total Estimated Annual Burden Hours: 237.
    Total Estimated Annual Other Costs Burden: $0.

    Dated: January 24, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014-01756 Filed 1-29-14; 8:45 am]
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