```

[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Notices]
[Pages 28203-28204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12821]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment Standards Administration

Proposed Collection; Comment Request

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to 
ensure that 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 on respondents can be properly assessed. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the proposed revision collection of the following 
information collection: Operator Controversion (CM-970), Operator 
Response (CM-970A), Operator Response to Schedule for Submission of 
Additional Evidence (CM-2970), and Operator Response to Notice of Claim 
(CM-2870A).

DATES: Written comments must be submitted to the office listed in the 
addressee section below by July 23, 2001.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.

SUPPLEMENTARY INFORMATION:

I. Background

    The Division of Coal Mine Workers' Compensation administers the 
Black Lung Benefits Act (30 U.S.C. 901 et seq.,) which provides 
benefits to coal miners totally disabled due to pneumoniosis, and their 
surviving dependents. When the Division of Coal Mine Workers' 
Compensation (DCMWC) makes an initial finding that an applicant is 
eligible 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 initial finding. The CM-970 gives the 
operator an opportunity to controvert the liability. The CM-970 is used 
for all claims filed before January 19, 2001. Regulations require that 
a coal mine operator be identified and notified of potential liability 
as early in the adjudication process as possible. The CM-970A is sent 
to the operator with the Notice of Claim notifying the operator of 
potential liability of payment for benefits. The CM-970A gives the 
operator an opportunity to agree or disagree with the identification. 
The CM-970A is be used for all claims filed before January 19, 2001. 
The CM-2970 and 2970A serve the same purposes as the CM-970 and 970A, 
will be used for all claims filed after January 19, 2001. Regulatory

[[Page 28204]]

authority is found at 20 CFR 725.412 for the CM-970, 20 CFR 725.413 for 
the CM-970A, 20 CFR 725.410 for the CM-2970, and 20 CFR 725.408 for the 
CM-2970A.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     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 submissions of responses.

III. Current Actions

    The Department of Labor seeks the approval for this information 
collection in order to carry out its responsibility to administer the 
Black Lung Benefits Act. As a result of revised regulations published 
on December 20, 2000, the wording and appearance of the original CM-970 
and CM-970A have been revised. The revised versions of the forms have 
been designated as the CM-2970 and CM-2970A, and are to be used for 
those claims filed after January 19, 2001. The CM-970 and CM-970A will 
continue to be used for all claims filed prior to January 19, 2001. The 
CM-970 and CM-970A forms will eventually be phased out as the CM-2970 
and 2970A replace them.
    Type of Review: Revision.
    Agency: Employment Standards Administration.
    Title: Operator Controversion (CM-970), Operator Response ( CM-
970A), Operator Response to Schedule for Submission of Additional 
Evidence (CM-2970), Operator Response to Notice of Claim (CM-2970A).
    OMB Number: 1215-0058.
    Affected Public: Businesses or other for-profit; State, Local or 
Tribal Government.
    Frequency: On occasion.

----------------------------------------------------------------------------------------------------------------
                                                   Number of
                     Form                         respondents       Average time per response      Burden hours
----------------------------------------------------------------------------------------------------------------
CM-970........................................             400  15 minutes......................             100
CM-970A.......................................             400  15 minutes......................             100
CM-2970.......................................           5,000  10 minutes......................             833
CM-2970A......................................           5,000  15 minutes......................           1,250
----------------------------------------------------------------------------------------------------------------

    Total Respondents: 10,800.
    Estimated Total Burden Hours: 2,283.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $3,996.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: May 1, 2001.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 01-12821 Filed 5-21-01; 8:45 am]
BILLING CODE 4510-27-P
```