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###### Department of Labor

###### Office of the Secretary

# ACTION:

Notice.

# SUMMARY:

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, “Comparability of Current Work to Coal Mine Employment,” 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 March 31, 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,*                         on the day following publication of this notice or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an e-mail to                         *DOL_PRA_PUBLIC@dol.gov.*

                        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: OIRA_submission@omb.eop.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by e-mail at                         *DOL_PRA_PUBLIC@dol.gov.*

# SUPPLEMENTARY INFORMATION:

                    The Black Lung Benefits Act of 1977, as amended, 30 U.S.C. 901*et seq.,*                     provides for the payment of benefits to coal miners who are totally disabled by black lung disease arising out of coal mine employment and their dependents and survivors. Once a miner has been identified as having performed non-coal mine work subsequent to coal mine employment, the miner or the miner's survivor is asked to complete Form CM-913 to compare coal mine work to non-                          ( print page 11285)                        coal mine work. This employment information along with medical information is used to establish whether the miner is totally disabled due to black lung disease caused by coal mine employment.                

                    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 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 1240-0035. The current OMB approval is scheduled to expire on February 28, 2011; 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 October 18, 2010 (75 FR 63864).                

                    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 appropriate consideration, comments should reference OMB Control Number 1240-0035. 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:*                     Comparability of Current Work to Coal Mine Employment.                

*OMB Control Number:*                     1240-0035.                

*Affected Public:*                     Individuals or Households.                

*Total Estimated Number of Respondents:*                     1650.                

*Total Estimated Number of Responses:*                     1650.                

*Total Estimated Annual Burden Hours:*                     825.                

*Total Estimated Annual Costs Burden:*                     $776.                

Dated: February 23, 2011.

Michel Smyth,

Departmental Clearance Officer.

[FR Doc. 2011-4409 Filed 2-28-11; 8:45 am]

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