81 FR 31853 - Black Lung Benefits Act: Disclosure of Medical Evidence and Payment of Benefits; Technical Amendment
DEPARTMENT OF LABOR
Office of Workers' Compensation Programs Federal Register Volume 81, Issue 98 (May 20, 2016)
Office of Workers' Compensation Programs
Federal Register Volume 81, Issue 98 (May 20, 2016)
| Page Range | 31853-31854 | |
| FR Document | 2016-11840 |
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)] [Rules and Regulations] [Pages 31853-31854] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11840] [[Page 31853]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of Workers' Compensation Programs 20 CFR Part 725 RIN 1240-AA10 Black Lung Benefits Act: Disclosure of Medical Evidence and Payment of Benefits; Technical Amendment AGENCY: Office of Workers' Compensation Programs, Labor. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Office of Workers' Compensation Programs is making a technical amendment to its regulation on disclosure of medical information to reflect the Office of Management and Budget's approval under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-20, of the information collection requirements contained in that regulation. DATES: This rule is effective May 26, 2016. 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 N-3520, Washington, DC 20210. Telephone: 1-800-347-2502. This is a toll-free number. TTY/TDD callers may dial toll-free 1-800-877-8339 for further information. SUPPLEMENTARY INFORMATION: I. Background of This Rulemaking On April 26, 2016, OWCP published a final rule, titled Black Lung Benefits Act: Disclosure of Medical Evidence and Payment of Benefits, to address certain procedural issues that had arisen in claim adjudications and other technical issues. 81 FR 24464 (April 26, 2016). Section 725.413 requires parties to exchange certain medical information, and therefore could be considered a collection of information within the meaning of the PRA. Federal agencies may not conduct or sponsor a collection of information, and the public is not required to respond to a collection of information, unless it is approved by the Office of Management and Budget (OMB) and displays a valid OMB control number. See 5 CFR 1320.5(a), (b), 1320.6. Accordingly, the Department submitted an Information Collection Request (ICR) to OMB for approval when it proposed the rule. See ICR Reference Number 201504-1240-002. The notice of proposed rulemaking specifically invited comments regarding the information collection and notified the public of their opportunity to file comments with both OMB and the Department. 80 FR 23749 (April 29, 2015). On July 24, 2015, OMB concluded its review of the ICR by asking the Department to submit another ICR at the final rule stage after considering any public comments regarding the information collection requirements in the rule. The Department received comments on the substance of proposed Sec. 725.413; those comments are fully addressed in the final rule. 81 FR 24469-74. The Department received no comments about the information collection burdens. The Department submitted an ICR to OMB for the information collection in the final rule on March 16, 2016, see ICR Reference Number 201511-1240-003, and specified in the final rule that it would publish a notice in the Federal Register to announce the result of OMB's review. 81 FR 24477. On May 3, 2016, OMB approved the Department's information collection request under Control Number 1240- 0054, thus giving effect to the information collection requirements contained in the final rule. OMB authorization for this information collection currently expires on May 31, 2019. The Department is making this technical amendment to comply with the notice requirements of 5 CFR 1320.5(b). II. Statutory Authority Sections 411(b), 422(a), and 426(a) of the Black Lung Benefits Act (30 U.S.C. 921(b), 932(a), and 936(a)) authorize the Secretary of Labor to prescribe rules and regulations necessary for its administration and enforcement. III. Rulemaking Analyses 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 and solicit public comments when the agency has good cause to find that doing so would be ``impracticable, unnecessary, or contrary to the public interest.'' 5 U.S.C. 553(b)(3). The Department has determined that publishing a separate notice of proposed rulemaking for this technical amendment to 20 CFR 725.413 is unnecessary. The information collection requirements whose approval this technical amendment announces were previously published in the April 29, 2015, notice of proposed rulemaking. 80 FR 23749. The Department invited public comment on both the substance of the regulatory revisions and the information collection burden they may impose. Id. OMB approved this information collection after consideration of the comments received. Thus, publishing an additional notice of proposed rulemaking for this collection would be duplicative and is unnecessary. Section 553(d) of the APA, 5 U.S.C. 553(d), provides that substantive rules should take effect not less than 30 days after the date they are published in the Federal Register unless ``otherwise provided by the agency for good cause found[.]'' 5 U.S.C. 553(d)(3). This technical amendment does not change the substance of Sec. 725.413 and instead merely confirms that OMB has approved the information collection contained in that regulation. For this reason, the Department finds good cause to make this technical amendment effective on the same date as the final rule, May 26, 2016. 81 FR 24465. Regulatory Flexibility Act This rule is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because it is not subject to the APA's proposed rulemaking requirements. Unfunded Mandates Reform Act This rule is not subject to sections 202 or 205 of the Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.) because it is not subject to the APA's proposed rulemaking requirements. 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. Paperwork Reduction Act This rule announces OMB's approval of the information collection contained in the final rule published on April 26, 2016, at 81 FR 24464. It does not impose any new information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Executive Order 12866 This rule is not a ``significant regulatory action'' and is therefore not subject to review by OMB under Executive Order 12866 (58 FR 51735). Executive Order 13132 (Federalism) The Department has reviewed this rule in accordance with Executive Order 13132 (64 FR 43255) regarding federalism, and has determined that it does not have ``federalism [[Page 31854]] implications.'' The rule will 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.'' Executive Order 12988 (Civil Justice Reform) This rule meets the applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform (61 FR 4729), to minimize litigation, eliminate ambiguity, and reduce burden. List of Subjects in 20 CFR Part 725 Administrative practice and procedure, Black lung benefits, Claims, Coal miners' entitlement to benefits, Health care, Reporting and recordkeeping requirements, Survivors' entitlement to benefits, Total disability due to pneumoconiosis, Workers' compensation. For the reasons set forth in the preamble, the Department of Labor amends 20 CFR part 725 as follows: PART 725--CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED 0 1. The authority citation for part 725 continues to read as follows: Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 934, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834. 0 2. Add a parenthetical statement to Sec. 725.413 to read as follows: Sec. 725.413 Disclosure of medical information. * * * * * (The Office of Management and Budget has approved the information collection contained in this section and assigned control number 1240-0054 with an expiration date of May 31, 2019.) Signed at Washington, DC, this 12th day of May, 2016. Leonard J. Howie, III, Director, Office of Workers' Compensation Programs. [FR Doc. 2016-11840 Filed 5-19-16; 8:45 am] BILLING CODE 4510-CR-P
![Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations 31853
DEPARTMENT OF LABOR the information collection and notified Department invited public comment on
the public of their opportunity to file both the substance of the regulatory
Office of Workers’ Compensation comments with both OMB and the revisions and the information collection
Programs Department. 80 FR 23749 (April 29, burden they may impose. Id. OMB
2015). On July 24, 2015, OMB approved this information collection
20 CFR Part 725 concluded its review of the ICR by after consideration of the comments
RIN 1240–AA10 asking the Department to submit received. Thus, publishing an additional
another ICR at the final rule stage after notice of proposed rulemaking for this
Black Lung Benefits Act: Disclosure of considering any public comments collection would be duplicative and is
Medical Evidence and Payment of regarding the information collection unnecessary.
Benefits; Technical Amendment requirements in the rule. Section 553(d) of the APA, 5 U.S.C.
The Department received comments 553(d), provides that substantive rules
AGENCY: Office of Workers’ on the substance of proposed § 725.413; should take effect not less than 30 days
Compensation Programs, Labor. those comments are fully addressed in after the date they are published in the
ACTION: Final rule. the final rule. 81 FR 24469–74. The Federal Register unless ‘‘otherwise
Department received no comments provided by the agency for good cause
SUMMARY: The Office of Workers’ found[.]’’ 5 U.S.C. 553(d)(3). This
about the information collection
Compensation Programs is making a technical amendment does not change
burdens. The Department submitted an
technical amendment to its regulation the substance of § 725.413 and instead
ICR to OMB for the information
on disclosure of medical information to merely confirms that OMB has approved
collection in the final rule on March 16,
reflect the Office of Management and the information collection contained in
2016, see ICR Reference Number
Budget’s approval under the Paperwork that regulation. For this reason, the
201511–1240–003, and specified in the
Reduction Act of 1995 (PRA), 44 U.S.C. Department finds good cause to make
final rule that it would publish a notice
3501–20, of the information collection this technical amendment effective on
in the Federal Register to announce the
requirements contained in that the same date as the final rule, May 26,
result of OMB’s review. 81 FR 24477.
regulation. 2016. 81 FR 24465.
On May 3, 2016, OMB approved the
DATES: This rule is effective May 26, Department’s information collection
2016. Regulatory Flexibility Act
request under Control Number 1240–
FOR FURTHER INFORMATION CONTACT: 0054, thus giving effect to the This rule is not subject to the
Michael Chance, Director, Division of information collection requirements regulatory flexibility provisions of the
Coal Mine Workers’ Compensation, contained in the final rule. OMB Regulatory Flexibility Act (5 U.S.C. 601
Office of Workers’ Compensation authorization for this information et seq.) because it is not subject to the
Programs, U.S. Department of Labor, collection currently expires on May 31, APA’s proposed rulemaking
200 Constitution Avenue NW., Suite N– 2019. The Department is making this requirements.
3520, Washington, DC 20210. technical amendment to comply with Unfunded Mandates Reform Act
Telephone: 1–800–347–2502. This is a the notice requirements of 5 CFR
1320.5(b). This rule is not subject to sections 202
toll-free number. TTY/TDD callers may or 205 of the Unfunded Mandates
dial toll-free 1–800–877–8339 for II. Statutory Authority Reform Act (UMRA, 2 U.S.C. 1501 et
further information. seq.) because it is not subject to the
Sections 411(b), 422(a), and 426(a) of
SUPPLEMENTARY INFORMATION: APA’s proposed rulemaking
the Black Lung Benefits Act (30 U.S.C.
I. Background of This Rulemaking 921(b), 932(a), and 936(a)) authorize the requirements. In addition, this action
Secretary of Labor to prescribe rules and does not significantly or uniquely affect
On April 26, 2016, OWCP published small governments or impose a
a final rule, titled Black Lung Benefits regulations necessary for its
administration and enforcement. significant intergovernmental mandate
Act: Disclosure of Medical Evidence and as described in sections 203 and 204 of
Payment of Benefits, to address certain III. Rulemaking Analyses the UMRA.
procedural issues that had arisen in
claim adjudications and other technical Administrative Procedure Act Paperwork Reduction Act
issues. 81 FR 24464 (April 26, 2016). Section 553(b)(3) of the This rule announces OMB’s approval
Section 725.413 requires parties to Administrative Procedure Act (APA), 5 of the information collection contained
exchange certain medical information, U.S.C. 553(b)(3), provides that an in the final rule published on April 26,
and therefore could be considered a agency is not required to publish a 2016, at 81 FR 24464. It does not impose
collection of information within the notice of proposed rulemaking in the any new information collection burden
meaning of the PRA. Federal agencies Federal Register and solicit public under the provisions of the Paperwork
may not conduct or sponsor a collection comments when the agency has good Reduction Act (44 U.S.C. 3501 et seq.).
of information, and the public is not cause to find that doing so would be
required to respond to a collection of ‘‘impracticable, unnecessary, or contrary Executive Order 12866
information, unless it is approved by the to the public interest.’’ 5 U.S.C. This rule is not a ‘‘significant
Office of Management and Budget 553(b)(3). The Department has regulatory action’’ and is therefore not
(OMB) and displays a valid OMB determined that publishing a separate subject to review by OMB under
control number. See 5 CFR 1320.5(a), notice of proposed rulemaking for this Executive Order 12866 (58 FR 51735).
mstockstill on DSK5VPTVN1PROD with RULES
(b), 1320.6. Accordingly, the technical amendment to 20 CFR 725.413
Department submitted an Information is unnecessary. The information Executive Order 13132 (Federalism)
Collection Request (ICR) to OMB for collection requirements whose approval The Department has reviewed this
approval when it proposed the rule. See this technical amendment announces rule in accordance with Executive Order
ICR Reference Number 201504–1240– were previously published in the April 13132 (64 FR 43255) regarding
002. The notice of proposed rulemaking 29, 2015, notice of proposed federalism, and has determined that it
specifically invited comments regarding rulemaking. 80 FR 23749. The does not have ‘‘federalism
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![31854 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations
implications.’’ The rule will not ‘‘have DEPARTMENT OF LABOR OSHA injury and illness records? Yes,
substantial direct effects on the States, your employees, former employees,
on the relationship between the national Occupational Safety and Health their personal representatives, and their
government and the States, or on the Administration authorized employee representatives
distribution of power and have the right to access the OSHA injury
responsibilities among the various 29 CFR Parts 1904 and 1902 and illness records, with some
levels of government.’’ [Docket No. OSHA–2013–0023] limitations, as discussed below.
(i) Who is an authorized employee
Executive Order 12988 (Civil Justice RIN 1218–AC49 representative? An authorized employee
Reform) representative is an authorized
Improve Tracking of Workplace collective bargaining agent of
This rule meets the applicable Injuries and Illnesses; Correction employees.
standards in sections 3(a) and 3(b)(2) of AGENCY: Occupational Safety and Health (ii) Who is a ‘‘personal
Executive Order 12988, Civil Justice Administration (OSHA), DOL. representative’’ of an employee or
Reform (61 FR 4729), to minimize ACTION: Final rule; correction.
former employee? A personal
litigation, eliminate ambiguity, and representative is:
reduce burden. SUMMARY: OSHA published in the (A) Any person that the employee or
Federal Register of May 12, 2016, a final former employee designates as such, in
List of Subjects in 20 CFR Part 725 rule revising its Recording and writing; or
Reporting Occupational Injuries and (B) The legal representative of a
Administrative practice and deceased or legally incapacitated
procedure, Black lung benefits, Claims, Illnesses Regulation. In the rule, a
paragraph was inadvertently removed. employee or former employee.
Coal miners’ entitlement to benefits, (iii) If an employee or representative
This document reinserts that paragraph.
Health care, Reporting and asks for access to the OSHA 300 Log,
DATES: Effective: August 10, 2016.
recordkeeping requirements, Survivors’ when do I have to provide it? When an
entitlement to benefits, Total disability FOR FURTHER INFORMATION CONTACT: For
employee, former employee, personal
due to pneumoconiosis, Workers’ press inquiries: Frank Meilinger, Office
representative, or authorized employee
compensation. of Communications, Room N–3647,
representative asks for copies of your
OSHA, U.S. Department of Labor, 200
For the reasons set forth in the current or stored OSHA 300 Log(s) for
Constitution Avenue NW., Washington,
an establishment the employee or
preamble, the Department of Labor DC 20210; telephone (202) 693–1999;
email: meilinger.francis2@dol.gov. former employee has worked in, you
amends 20 CFR part 725 as follows:
For general and technical information: must give the requester a copy of the
PART 725—CLAIMS FOR BENEFITS Miriam Schoenbaum, Office of relevant OSHA 300 Log(s) by the end of
UNDER PART C OF TITLE IV OF THE Statistical Analysis, Room N–3507, the next business day.
OSHA, U.S. Department of Labor, 200 (iv) May I remove the names of the
FEDERAL MINE SAFETY AND HEALTH employees or any other information
ACT, AS AMENDED Constitution Avenue NW., Washington,
DC 20210; telephone (202)693–1841; from the OSHA 300 Log before I give
email: schoenbaum.miriam@dol.gov. copies to an employee, former
■ 1. The authority citation for part 725 employee, or employee representative?
continues to read as follows: SUPPLEMENTARY INFORMATION: OSHA
No, you must leave the names on the
published in the Federal Register of
Authority: 5 U.S.C. 301; Reorganization 300 Log. However, to protect the privacy
May 12, 2016, a final rule revising its
Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 of injured and ill employees, you may
Recording and Reporting Occupational
et seq., 902(f), 934, 936; 33 U.S.C. 901 et seq.; not record the employee’s name on the
Injuries and Illnesses regulation (92 FR
42 U.S.C. 405; Secretary’s Order 10–2009, 74 OSHA 300 Log for certain ‘‘privacy
29624).
FR 58834. This document was prepared under concern cases,’’ as specified in
the direction of David Michaels, Ph.D., § 1904.29(b)(6) through (9).
■ 2. Add a parenthetical statement to (v) If an employee or representative
MPH, Assistant Secretary of Labor for
§ 725.413 to read as follows: asks for access to the OSHA 301
Occupational Safety and Health. It is
issued under Sections 8 and 24 of the Incident Report, when do I have to
§ 725.413 Disclosure of medical
Occupational Safety and Health Act (29 provide it? (A) When an employee,
information.
U.S.C. 657, 673), Section 553 of the former employee, or personal
* * * * * representative asks for a copy of the
(The Office of Management and Budget has
Administrative Procedure Act (5 U.S.C.
553), and Secretary of Labor’s Order No. OSHA 301 Incident Report describing
approved the information collection an injury or illness to that employee or
contained in this section and assigned 41–2012 (77 FR 3912 (Jan. 25, 2012)).
former employee, you must give the
control number 1240–0054 with an Need for Correction requester a copy of the OSHA 301
expiration date of May 31, 2019.) Incident Report containing that
Inadvertently § 1904.35(b)(2) was
Signed at Washington, DC, this 12th day of designated as reserved. This document information by the end of the next
May, 2016. reinserts that paragraph. business day.
Leonard J. Howie, III, In FR Rule Doc. No. 2016–10443 (B) When an authorized employee
beginning on page 29624 in the issue of representative asks for copies of the
Director, Office of Workers’ Compensation
May 12, 2016, make the following OSHA 301 Incident Reports for an
mstockstill on DSK5VPTVN1PROD with RULES
Programs.
correction: establishment where the agent
[FR Doc. 2016–11840 Filed 5–19–16; 8:45 am]
On page 29692, in the first column, represents employees under a collective
BILLING CODE 4510–CR–P bargaining agreement, you must give
after the second paragraph, remove ‘‘(2)
[Reserved].’’ and add the following in its copies of those forms to the authorized
place: employee representative within 7
‘‘(2) Do I have to give my employees calendar days. You are only required to
and their representatives access to the give the authorized employee
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Document Created: 2016-05-20 01:59:49
Document Modified: 2016-05-20 01:59:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 26, 2016. | |
| 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 N-3520, Washington, DC 20210. Telephone: 1-800-347-2502. This is a toll-free number. TTY/TDD callers may dial toll-free 1-800-877-8339 for further information. | |
| FR Citation | 81 FR 31853 | |
| RIN Number | 1240-AA10 | |
| CFR Associated | Administrative Practice and Procedure; Black Lung Benefits; Claims; Coal Miners' Entitlement to Benefits; Health Care; Reporting and Recordkeeping Requirements; Survivors' Entitlement to Benefits; Total Disability Due to Pneumoconiosis and Workers' Compensation |
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