[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Proposed Rules]
[Pages 14558-14559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05407]


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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: Proposed rule; reopening of comment period.

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SUMMARY: The Department of Labor is reopening for 15 days the comment 
period on the January 11, 2021, notice of proposed rulemaking that 
would have required electronic filing (e-filing) and acceptance of 
electronic service (e-service) for persons represented by attorneys or 
non-attorney representatives unless good cause is shown justifying a 
different form of filing.

DATES: The comment period for the proposed rule published at 86 FR 1857 
on January 11, 2021, is reopened for 15 days and closes on April 1, 
2021.

ADDRESSES: You may submit comments, identified by Regulatory 
Identification Number (RIN) 1290-AA35, only by the following method: 
Electronic Comments. Submit comments through the Federal eRulemaking 
Portal http://www.regulations.gov. To locate the rule, use docket 
number DOL-2020-0013 or key words such as ``Administrative practice and 
procedure,'' ``Black lung benefits,'' ``Longshore and harbor workers,'' 
or ``Workers' compensation.'' Follow the instructions for submitting 
comments. All comments must be received by 11:59 p.m. on the date 
indicated for consideration in this rulemaking.
    Instructions: All comments received generally will be posted 
without change to http://www.regulations.gov, including any personal 
information provided. Therefore, the Department recommends that 
commenters safeguard their personal information by not including social 
security numbers, personal addresses, telephone numbers, or email 
addresses in comments. It is the responsibility of the commenter to 
safeguard personal information.
    If you need assistance to review the comments or the proposed rule, 
the Department will consider providing the comments and the direct 
final rule in other formats upon request. For assistance to review the 
comments or obtain the direct final rule in an alternate format, 
contact Mr. Thomas Shepherd, Clerk of the Appellate Boards, at (202) 
693-6319.

[[Page 14559]]


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 concurrent direct final rule (DFR) 
published at 86 FR 1862, 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 withdrew the 
DFR, effective February 25, 2021. The Department also received a 
request to extend the comment period of the OALJ rule and is therefore 
reopening the comment period for the BRB rule for 15 days. 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 this 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 has 
scheduled listening sessions for users to provide feedback on the 
system. Information about those sessions is posted at https://efile.dol.gov.

Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021-05407 Filed 3-16-21; 8:45 am]
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