[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Rules and Regulations]
[Pages 8172-8173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03783]


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DEPARTMENT OF LABOR

Benefits Review Board

20 CFR Part 802

RIN 1290-AA32


Change of Mailing Address for the Benefits Review Board

AGENCY: Benefits Review Board, Labor.

ACTION: Final rule; technical amendment.

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SUMMARY: This rule amends one section of the Benefits Review Board's 
regulations in order to change the mailing address for notices of 
appeal and correspondence sent to the Board.

DATES: This rule is effective March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the 
Appellate Boards, at 202-693-6319 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 7, 1997, the Department issued a technical amendment to 20 
CFR 802.204 to include a U.S. Post Office Box mailing address for 
filing notices of appeal with the Board. 62 FR 10666. The Department 
added the P.O. Box to augment timely receipt of incoming mail. Over 
time, the Department has found this supplemental process is not needed 
to ensure the timely receipt of mail. Therefore, to save costs, the 
Department is eliminating the P.O. Box and amending its regulations to 
direct that all notices of appeal and correspondence filed by mail be 
sent directly to the Board's offices in the Frances Perkins Department 
of Labor Building in Washington, DC. This document amends the relevant 
section in the Code of Federal Regulations governing the procedural 
rules of the Board in order to present the new mailing address.

II. Statutory Authority

    This rule is promulgated by the Secretary of Labor under the 
authority of 5 U.S.C. 301, as well as the Black Lung Benefits Act, 30 
U.S.C. 901 et seq., and the Longshore and Harbor Workers' Compensation 
Act, 33 U.S.C. 901 et seq.

III. Rulemaking Analyses

A. Administrative Procedure Act

    Section 553(b)(3) of the Administrative Procedure Act (APA), 5 
U.S.C. 553(b)(3), provides that an agency is not required to publish a 
notice of proposed rulemaking in the Federal Register for ``rules of 
agency organization, procedure, or practice.'' 5 U.S.C. 553(b)(3)(A). 
Rules are also exempt when an agency finds ``good cause'' that notice 
and comment rulemaking procedures would be ``impracticable, 
unnecessary, or contrary to the public interest.'' 5 U.S.C. 
553(b)(3)(B). The Department has determined that this rulemaking meets 
the notice and comment exemption requirements in 5 U.S.C. 553(b)(3)(A) 
and (B). The Department's revision makes a technical and non-
substantive change to the rules of procedure before the Benefits Review 
Board and does not alter any substantive standard. The Department does 
not believe that public comment is necessary for this minor revision.

B. Regulatory Flexibility Act, Unfunded Mandates Reform Act, and Small 
Business Regulatory Enforcement Fairness Act

    Because no notice of proposed rulemaking is required for this rule 
under section 553(b) of the APA, the requirements of the Regulatory 
Flexibility Act at 5 U.S.C. 601(2) do not apply to this rule, and the 
rule is not

[[Page 8173]]

subject to sections 202 or 205 of the Unfunded Mandates Reform Act of 
1995 (UMRA) (2 U.S.C. 1532 and 1535). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate as described in sections 203 and 
204 of the UMRA (2 U.S.C. 1533 and 1534).
    This action is further not classified as a ``rule'' under Chapter 8 
of the Small Business Regulatory Enforcement Fairness Act of 1996, 
because it pertains to agency organization, procedure, or practice that 
does not substantially affect the rights or obligations of non-agency 
parties. See 5 U.S.C. 804(3)(C).

C. Paperwork Reduction Act

    This rule does not contain a collection of information requirements 
subject to Office of Management and Budget review under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

D. Executive Order 13132 (Federalism)

    The Department has reviewed this rule in accordance with the 
Executive Order on Federalism (Executive Order 13132, 64 FR 43255, 
August 10, 1999). This rule does not have federalism implications as 
outlined in E.O. 13132. The rule does not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

E. Executive Order 13175, Indian Tribal Governments

    The Department has reviewed this rule under the terms of Executive 
Order 13175 (65 FR 67249, November 6, 2000) and determined it does not 
have ``tribal implications.'' The rule does not have ``substantial 
direct effects on one or more Indian tribes, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' As a result, no Tribal summary impact 
statement has been prepared.

F. Executive Order 12866 and Executive Order 13771

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866. The rule is not a ``significant regulatory 
action'' as defined by section 3(f) of the order. Accordingly, there is 
no requirement for an assessment of potential costs and benefits under 
section 6(a)(3) of Executive Order 12866. In addition, this rule is not 
an E.O. 13771 regulatory action because this rule is not significant 
under E.O. 12866.

List of Subjects in 20 CFR Part 802

    Administrative practice and procedure, Black lung benefits, 
Longshore and harbor workers, Workers' compensation.

    For the reasons set forth above, the Department of Labor amends 20 
CFR part 802 as follows:

PART 802--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 802 is revised to read as follows:

    Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq.; 33 U.S.C. 901 et 
seq.; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary of 
Labor's Order 03-2006, 71 FR 4219, January 25, 2006.

0
2. Section 802.204 is revised to read as follows:


Sec.  802.204  Place for filing notice of appeal and correspondence.

    Any notice of appeal or other correspondence filed by mail shall be 
sent to the U.S. Department of Labor, Benefits Review Board, ATTN: 
Office of the Clerk of the Appellate Boards (OCAB), 200 Constitution 
Ave. NW, Washington, DC 20210-0001. Notices of appeal or other 
correspondence may be otherwise presented to the Clerk. A copy of the 
notice of appeal shall be served on the deputy commissioner who filed 
the decision or order being appealed and on all other parties by the 
party who files a notice of appeal. Proof of service of the notice of 
appeal on the deputy commissioner and other parties shall be included 
with the notice of appeal.

    Signed at Washington, DC, this 15th day of February, 2018.
R. Alexander Acosta,
Secretary, Department of Labor.
[FR Doc. 2018-03783 Filed 2-23-18; 8:45 am]
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