[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 [www.gpo.gov]
[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.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions on the website for submitting comments.
     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.
     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 https://www.regulations.gov. 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 https://www.regulations.gov. 
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]
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