Coal Mine Operator Response
to Schedule for Submission of Additional Evidence and Operator
Response to Notice of Claim
Revision of a currently approved collection
No
Regular
09/11/2023
Requested
Previously Approved
36 Months From Approved
10/31/2023
5,294
9,800
1,173
2,042
1,096
2,842
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.
US Code:
30
USC 901 Name of Law: Black Lung Benefits Act
Respondents: The number of
respondents increased from 4,900 to 5,294. Responses: Responses
have decreased from 9,800 to 8,082 because, in the last iteration
of this collection, the number of responses was incorrectly
calculated as twice the number of Notice of Claim forms that OWCP
issued in FY-19 (4,900). The previous iteration assumed OWCP issued
a Notice of Claim to a single operator in a case then subsequently
issued a Schedule for the Submission of Additional Evidence to the
same operator in each case. However, OWCP issues more Notices of
Claims than Schedules for the Submission of Additional Evidence.
(Reasons for notifying multiple employers of a single claim
include, but are not limited to: the miner’s reporting of who his
last coal mine employer was differs from who his Social Security
Earnings Records indicate was the last to employ him; the miner
withdraws or abandons his claim before a Schedule for the
Submission of Additional Evidence is issued; and the most recent
employer is not financially capable of assuming liability for the
claim and OWCP must notify the next most-recent coal mine employer
.) Thus, the previous calculation both overstated the number of
responses to Form CM-2970 and understated the number of responses
to Form CM-2970a. For the current iteration of this collection,
OWCP has used the actual FY-22 response rates to each form to more
precisely estimate the burden associated with this collection. The
following also decreased due to the change in method of
calculations and attendant perceived decrease in overall number of
responses. . Burden Hours: Burden hours have decreased from 2,042
to 1,790. Costs: Annual burden costs have decreased from $2,842 to
$1,673. These costs also decreased, in part, due to the 20%
increase in electronic submissions for both forms. Other cost
(Monetized Value of Respondent Time) increased from $35,102 to
$39,201 due to the increase in the national mean hourly wage for
Office and Administrative Support Occupations from $17.19 to
$21.90.
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:
(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;
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.
Form CM-2970a Operator Response to Schedule for Submission of Additional Evidence, and Operator Response to Notice of Claim
SS-1240-0033 CM-2970 2970a 2023_OCIO passback2-MM (2).docx
DOL-OWCP-9.pdf
Operator Response to Schedule for Submission of Additional Evidence, and Operator Response to Notice of Claim