[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Rules and Regulations]
[Page 11425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04008]


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DEPARTMENT OF LABOR

Benefits Review Board

20 CFR Part 802

RIN 1290-AA35


Rules of Practice and Procedure

AGENCY: Benefits Review Board, Department of Labor.

ACTION: Direct final rule; withdrawal.

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SUMMARY: Due to the receipt of significant adverse comment on the 
conforming Office of Administrative Law Judges (OALJ) rulemaking in 
which commenters noted that they also practice before the Benefits 
Review Board (BRB), the Department of Labor is withdrawing the January 
11, 2021 direct final rule (DFR) that would have provided for 
electronic filing (e-filing) and electronic service (e-service) of 
papers and required e-filing for persons represented by attorneys or 
non-attorney representatives unless good cause is shown justifying a 
different form of filing.

DATES: Effective February 25, 2021, the direct final rule published at 
86 FR 1795 on January 11, 2021, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the 
Appellate Boards, at (202) 693-6319 or [email protected]. 
Individuals with hearing or speech impairments may access this 
telephone number by TTY by calling the toll-free Federal Information 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: In the DFR, the Department stated that if a 
significant adverse comment was submitted by February 10, 2021, the 
Department would publish a timely withdrawal in the Federal Register 
informing the public that the DFR will not take effect. The Department 
also issued an identical notice of proposed rulemaking (NPRM) on the 
same day (86 FR 1857). The Department received significant adverse 
comment prior to the close of the comment period on the conforming 
Office of Administrative Law Judges (OALJ) rulemaking (86 FR 1862) in 
which commenters noted that they also practice before the Benefits 
Review Board (BRB). Therefore, out of an abundance of caution, the 
Department is withdrawing the DFR. The Department also received a 
request to extend the comment period of the OALJ rule and will reopen 
the comment period for the BRB NPRM for 15 days in a future document. 
In issuing a final action, the Department will consider comments 
received on the DFR and NPRM during the initial comment period as well 
as comments received during the subsequent comment period. The 
Department will also provide at least 30 days' notice between 
promulgating a final rule that requires e-filing and the date on which 
e-filing will become mandatory under such a rule. Furthermore, the 
Department notes that several comments raised concerns with the 
Department's electronic filing system and not the requirements of the 
proposed or direct final rules. To better understand and address these 
concerns, the Department plans to hold listening sessions during the 
coming weeks for users to provide feedback on the system. Information 
about those sessions will be announced at https://efile.dol.gov.

List of Subjects in 20 CFR Part 802

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

PART 802--RULES OF PRACTICE AND PROCEDURE

    Accordingly, the amendments to 20 CFR part 802, published in the 
Federal Register on January 11, 2021 (86 FR 1795), are withdrawn as of 
February 25, 2021.

Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021-04008 Filed 2-23-21; 4:15 pm]
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