[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2255-2256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00489]


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DEPARTMENT OF LABOR

Office of the Workers' Compensation Programs


Agency Information Collection Activities; Comment Request; 
Certification of Medical Necessity

AGENCY: Division of Coal Mine Workers' Compensation.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension for the authority to conduct the 
information collection request (ICR) titled, ``Certification of Medical 
Necessity''. This comment request is part of continuing Departmental 
efforts to reduce paperwork and respondent burden in accordance with 
the Paperwork Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
March 12, 2024.

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 by 
contacting Anjanette Suggs by telephone at 202-354-9660 or by email at 
[email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by mail or courier to the U.S. Department of Labor, Office of Workers' 
Compensation Programs, Room S3323, 200 Constitution Avenue NW, 
Washington, DC 20210; by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Anjanette Suggs by telephone 
at 202-354-9660 or by email at [email protected].

SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the OMB for final approval. This 
program helps to ensure 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 can be properly assessed.
    The Office of Workers' Compensation Programs administers the 
Federal Black Lung Compensation Program. The Black Lung Benefits Act 
(30 U.S.C. 901et seq.) and its implementing regulations necessitate 
this information collection. The regulations at 20 CFR 725.701 set out 
a miner's eligibility for medical services and supplies for the length 
of time required by the miner's pneumoconiosis and related disability. 
The regulations require prior approval before ordering medical 
equipment where the purchase price exceeds $300.00. 20 CFR 725.705. The 
regulations also provide for the ongoing supervision of the miner's 
medical care, including the necessity, character and sufficiency of 
care to be furnished; gives the Office of Workers' Compensation 
Programs authority to request medical reports; and indicates the right 
to refuse payment for failing to submit any report required. 20 CFR 
725.706. To

[[Page 2256]]

implement the statute and these regulations, it was necessary to devise 
a form to collect the required information. The form is the CM-893, 
Certification of Medical Necessity, which is completed by the miner's 
physician and is used by the Division of Coal Mine Workers' 
Compensation to determine if the miner meets the standards to qualify 
for durable medical equipment and home nursing. OMB has currently 
approved this information collection for use through May 31, 2024.
    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 the OMB under the PRA approves it 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.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Written comments will receive 
consideration, and summarized and included in the request for OMB 
approval of the final ICR. In order to help ensure appropriate 
consideration, comments should mention 1240-0024.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    The DOL 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-Office of Workers' Compensation Programs.
    Type of Review: Extension.
    Title of Collection: Certification of Medical Necessity.
    Form: CM-893.
    OMB Control Number: 1240-0024.
    Affected Public: Individuals or households; Business or other for 
profit, and not for profit institutions.
    Estimated Number of Respondents: 1,500.
    Frequency: On occasion.
    Total Estimated Annual Responses: 1,500.
    Estimated Average Time per Response: 20-40 minutes.
    Estimated Total Annual Burden Hours: 563 hours.
    Total Estimated Annual Other Cost Burden: $0.0.
    Authority: 44 U.S.C. 3506(c)(2)(A).

    Dated: January 8, 2024.
Anjanette Suggs,
Agency Clearance Officer.
[FR Doc. 2024-00489 Filed 1-11-24; 8:45 am]
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