Coal Mine Operator Response to Schedule for Submission of Additional Evidence and Operator Response to Notice of Claim

Forms and Documents

Document Name	Status
Form CM-2970 Operator Response to Schedule for Submission of Additional Evidence, and Operator Response to Notice of Claim Form	Modified
20200507 2970 and 2970a SS with 60-day FRN.docx Supporting Statement A	2020-05-07
DOL-OWCP-9.pdf Supplementary Document	2020-02-18
FRN Notice for SORN.pdf Supplementary Document	2017-03-13
20CFR725.407-408.pdf Supplementary Document	2007-08-08
20CFR725.412.pdf Supplementary Document	2007-08-08

IC Document Collections

IC ID	Document Title	Status
13697	Operator Response to Schedule for Submission of Additional Evidence, and Operator Response to Notice of Claim Form	Modified

ICR Details

OMB Control No: 1240-0033	ICR Reference No: 202002-1240-005
Status: Active	Previous ICR Reference No: 201611-1240-002
Agency/Subagency: DOL/OWCP	Agency Tracking No:
Title: Coal Mine Operator Response to Schedule for Submission of Additional Evidence and Operator Response to Notice of Claim
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/26/2020
	Date Received in OIRA: 06/16/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2023	36 Months From Approved	10/31/2020
Responses	9,800	0	9,600
Time Burden (Hours)	2,042	0	2,000
Cost Burden (Dollars)	2,842	0	4,800

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Abstract: The OWCP, Division of Coal Mine Workers' Compensation (DCMWC) administers the Black Lung Benefits Act (30 U.S.C. 901 et seq.), which provides benefits to coal miners totally disabled due to pneumoconiosis and their surviving dependents. When the DCMWC makes a preliminary analysis of a claimant's eligibility 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 preliminary analysis. Regulations codified at 20 CFR part 725 require that a coal mine operator be identified and notified of potential liability as early in the adjudication process as possible. Coal Mine Operator Response to Schedule for Submission of Additional Evidence (Form CM-2970) and Operator Response to Notice of Claim (Form CM-2970a) are used for claims filed after January 19, 2001, and indicate that the coal mine operator will submit additional evidence or respond to the notice of claim.

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Authorizing Statute(s): US Code: 30 USC 901 Name of Law: Black Lung Benefits Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 14507	03/20/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 36420	06/16/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Operator Response to Schedule for Submission of Additional Evidence, and Operator Response to Notice of Claim	CM-2970, CM-2970a	Operator's Response To Schedule for Submission of Additional Evidence ,   Operator Response to Notice of Claim

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	9,800	9,600	0	200	0	0
Annual Time Burden (Hours)	2,042	2,000	0	42	0	0
Annual Cost Burden (Dollars)	2,842	4,800	0	-1,958	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is a slight increase in the number of respondent burden hours, from 2,000 to 2,042 due to more CM-2970 and CM-2970a forms. The respondents cost burden has increased from $33,080 to $35,102 due to the increased number of CM-2970 and CM-2970a forms being completed.

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Annual Cost to Federal Government: $38,710

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/16/2020

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