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, 80539-80540 [2010-32088]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices overpressure, flameouts, fuel interruptions and low water level. These sections also require that records of inspection and repairs be retained by the mine operator in accordance with the requirements of the ASME Boiler and Pressure Vessel Code, 1977, and the National Board Inspection Code (progressive records—no limit on retention time) and shall be made available to the Secretary or an authorized representative. Regulations 30 CFR 56.14100 and 57.14100 require operators to inspect equipment, machinery, and tools that are to be used during a shift for safety defects before the equipment is placed in operation. Defects affecting safety are required to be corrected in a timely manner. In instances where the defect makes continued operation of the equipment hazardous to persons, the equipment must be removed from service, tagged to identify that it is out of use, and repaired before use is resumed. Safety defects on selfpropelled mobile equipment account for many injuries and fatalities in the mining industry. Inspection of this equipment prior to use is required to assure safe operation. The equipment operator is required to make a visual and operational check of the various primary operating systems that affect safety, such as brakes, lights, horn, seatbelts, tires, steering, back-up alarm, windshield, cab safety glass, rear and side view mirrors, and other safety and health related items. Any defects found are required to be either corrected immediately or reported to and recorded by the mine operator prior to the timely correction. A record is not required if unsafe conditions are not present upon examination prior to use if the defect is corrected immediately. The precise format in which the record is kept is left to the discretion of the mine operator. Reports of uncorrected defects are required to be recorded by the mine operator and kept at the mine office from the date the defects are recorded, until the defects are corrected. A competent person designated by the operator must examine each working place at least once each shift for conditions that may adversely affect safety or health. A record of such examinations must be kept by the operator for a period of one year and must be made available for review by the Secretary or an authorized representative. 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 VerDate Mar<15>2010 20:24 Dec 21, 2010 Jkt 223001 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 1219–0089. 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 September 16, 2010, (75 FR 56558). 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 1219– 0089. 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: Mine Safety and Health Administration (MSHA). Title of Collection: Safety Defects; Examination, Correction and Records. OMB Control Number: 1219–0089. Affected Public: Business or other forprofit. Total Estimated Number of Respondents: 12,557. Total Estimated Number of Responses: 11,502,241. Total Estimated Annual Burden Hours: 1,223,104. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 80539 Total Estimated Annual Costs Burden: $47,719,911. Dated: December 16, 2010. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2010–32038 Filed 12–21–10; 8:45 am] BILLING CODE 4510–43–P 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. The Department of Labor (DOL) hereby announces the submission of the Office of Workers’ Compensation Programs (OWCP) sponsored information collection request (ICR) 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 continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35). SUMMARY: Submit comments on or before January 21, 2011. DATES: 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, https://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 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: 202–395–4816/Fax: 202–395–6881 (these are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov. ADDRESSES: 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. FOR FURTHER INFORMATION: E:\FR\FM\22DEN1.SGM 22DEN1 srobinson on DSKHWCL6B1PROD with NOTICES 80540 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices SUPPLEMENTARY INFORMATION: Individuals filing with the OWCP and Division of Coal Mine Workers’ Compensation (DCMWC) 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 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. To assist the representatives participating in the Black Lung Benefits Program a form, CM–972, was devised to provide a standardized format for submitting information required by regulation. 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 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 1240–0011. 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 51487). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES VerDate Mar<15>2010 20:24 Dec 21, 2010 Jkt 223001 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– 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: Office of Workers’ Compensation Programs (OWCP). Title of Collection: Application for Approval of a Representative’s Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of Labor. OMB Control Number: 1240–0011. Affected Public: Private sector, Business or other for-profits. Total Estimated Number of Respondents: 285. Total Estimated Number of Responses: 285. Total Estimated Annual Burden Hours: 200. Total Estimated Annual Costs Burden: $0. Dated: December 16, 2010. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2010–32088 Filed 12–21–10; 8:45 am] BILLING CODE 4510–CK–P DEPARTMENT OF LABOR Bureau of Labor Statistics Proposed Collection, Comment Request ACTION: Notice. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the ‘‘National Longitudinal Survey of Youth 1997.’’ A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the Addresses section below on or before February 22, 2011. ADDRESSES: Send comments to Carol Rowan, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue, NE., Washington, DC 20212. Written comments also may be transmitted by fax to 202–691–5111 (this is not a toll free number). FOR FURTHER INFORMATION CONTACT: Carol Rowan, BLS Clearance Officer, 202–691–7628 (this is not a toll free number). (See ADDRESSES section.) SUPPLEMENTARY INFORMATION: I. Background The National Longitudinal Survey of Youth 1997 (NLSY97) is a nationally representative sample of persons who were born in the years 1980 to 1984. These respondents were ages 12–17 when the first round of annual interviews began in 1997; the fifteenth round of annual interviews will be conducted from September 2011 to May 2012. The Bureau of Labor Statistics (BLS) contracts with the National Opinion Research Center (NORC) at the University of Chicago to conduct the NLSY97. The primary objective of the survey is to study the transition from schooling to the establishment of careers and families. The longitudinal focus of this survey requires information to be collected from the same individuals over many years in order to trace their education, training, work experience, fertility, income, and program participation. One of the goals of the Department of Labor (DOL) is to produce and disseminate timely, accurate, and E:\FR\FM\22DEN1.SGM 22DEN1

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[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80539-80540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32088]

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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.

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

SUMMARY: The Department of Labor (DOL) hereby announces the submission
of the Office of Workers' Compensation Programs (OWCP) sponsored
information collection request (ICR) 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 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 21, 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, https://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 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: 202-395-4816/
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.

[[Page 80540]]

SUPPLEMENTARY INFORMATION: Individuals filing with the OWCP and
Division of Coal Mine Workers' Compensation (DCMWC) 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 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. To assist the representatives participating in the Black Lung
Benefits Program a form, CM-972, was devised to provide a standardized
format for submitting information required by regulation.
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 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 1240-0011. 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 51487).
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 1240-0011. 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: Office of Workers' Compensation Programs (OWCP).
Title of Collection: Application for Approval of a Representative's
Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of
Labor.
OMB Control Number: 1240-0011.
Affected Public: Private sector, Business or other for-profits.
Total Estimated Number of Respondents: 285.
Total Estimated Number of Responses: 285.
Total Estimated Annual Burden Hours: 200.
Total Estimated Annual Costs Burden: $0.

Dated: December 16, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010-32088 Filed 12-21-10; 8:45 am]
BILLING CODE 4510-CK-P

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