Proposed Rule2023-04322
Black Lung Benefits Act: Authorization of Self-Insurers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2023
Effective
January 19, 2023
Issuing agencies
Labor DepartmentWorkers' Compensation Programs Office
Abstract
The Department of Labor is extending the comment period for a proposed rule that would update the process for coal mine operators to apply for authorization to self-insure, the requirements operators must meet to qualify to self-insure, the amount of security self-insured operators must provide, and the process for operators to appeal determinations made by the Office of Workers' Compensation Programs (OWCP). Since the proposed rule was published, the Department has received multiple requests from interested parties for the Department to provide additional time for them to develop and submit their comments on the proposal. In response to those requests, the Department is extending the comment period.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14094-14095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04322]
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DEPARTMENT OF LABOR
Office of Worker's Compensation Programs
20 CFR Part 726
RIN 1240-AA16
Black Lung Benefits Act: Authorization of Self-Insurers
AGENCY: Office of Workers' Compensation Programs, Labor.
ACTION: Notice of proposed rulemaking; extension of comment period.
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SUMMARY: The Department of Labor is extending the comment period for a
proposed rule that would update the process for coal mine operators to
apply for authorization to self-insure, the requirements operators must
meet to qualify to self-insure, the amount of security self-insured
operators must provide, and the process for operators to appeal
determinations made by the Office of Workers' Compensation Programs
(OWCP). Since the proposed rule was published, the Department has
received multiple requests from interested parties for the Department
to provide additional time for them to develop and submit their
comments on the proposal. In response to those requests, the Department
is extending the comment period.
DATES: The comment period for the proposed rule published on January
19, 2023, at 88 FR 3349, is extended. Written comments on the proposed
rule must be received by April 19, 2023.
ADDRESSES: You may submit written comments by any of the following
methods. To facilitate receipt and processing of comments, OWCP
encourages interested parties to submit their comments electronically.
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions on the website for submitting comments.
<bullet> Facsimile: (202) 693-1395 (this is not a toll-free
number). Only comments of ten or fewer pages, including a fax cover
sheet and attachments, if any, will be accepted by fax.
<bullet> Regular Mail/Hand Delivery/Courier: Submit comments on
paper to the Division of Coal Mine Workers' Compensation, Office of
Workers' Compensation Programs, U.S. Department of Labor, 200
Constitution Avenue NW, Suite S3229-DCWMC, Washington, DC 20210. The
Department's receipt of U.S. mail may be significantly delayed due to
security procedures. You must take this into consideration when
preparing to meet the deadline for submitting comments.
Instructions: Your submission must include the agency name and the
Regulatory Information Number (RIN) for this rulemaking. Caution: All
comments received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please do not include any personally identifiable
or confidential business information you do not want publicly
disclosed.
Docket: For access to the rulemaking docket and to read background
documents or comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Although some information (e.g., copyrighted material) may not be
available through the website, the entire rulemaking record, including
any copyrighted material, will be available for inspection at OWCP.
Please contact the individual named below if you would like to inspect
the record.
FOR FURTHER INFORMATION CONTACT: Michael Chance, Director, Division of
Coal Mine Workers' Compensation, Office of Workers' Compensation
Programs, U.S. Department of Labor, 200 Constitution Avenue NW, Suite
S3229-DCWMC, Washington, DC 20210. Telephone: 1-800-347-2502. This is a
toll-free number. TTY/TDD callers may dial toll-free 1-877-889-5627 for
further information.
SUPPLEMENTARY INFORMATION: The Black Lung Benefits Act (BLBA) requires
every coal mine operator to secure the payment of benefits for which it
may be found liable either by purchasing commercial insurance or by
qualifying as a self-insurer ``in accordance with regulations
prescribed by the Secretary.'' 30 U.S.C. 933(a); see also 30 U.S.C.
932(b); 20 CFR 726.1. On January 19, 2023, the Department issued a
Notice of Proposed Rulemaking to update the process and requirements
for coal mine operators to apply for and receive authorization to self-
insure their liabilities under the BLBA. The public comment period for
the NPRM was set to close on March 20, 2023. However, OWCP has received
requests from several stakeholders to extend the comment period by 60
days. The stakeholders explained that they need additional time to
review the NPRM, assess its impacts on their operations or members'
operations, gather information on the availability and cost of surety
bonds, and prepare meaningful comments.
OWCP agrees to an extension and believes a 30-day extension of the
public comment period is sufficient and strikes an appropriate balance
between the agency's need for timely input and stakeholders' requests
for additional time to prepare comprehensive
[[Page 14095]]
comments. Therefore, the public comment period will be extended until
April 19, 2023.
Signed at Washington, DC.
Christopher J. Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2023-04322 Filed 3-6-23; 8:45 am]
BILLING CODE 4510-CK-P
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</html>Indexed from Federal Register on March 7, 2023.
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