83 FR 8172 - Change of Mailing Address for the Benefits Review Board

DEPARTMENT OF LABOR
Benefits Review Board

Federal Register Volume 83, Issue 38 (February 26, 2018)

Page Range		8172-8173
FR Document		2018-03783

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.

Federal Register, Volume 83 Issue 38 (Monday, February 26, 2018)

[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Rules and Regulations]
[Pages 8172-8173]
From the Federal Register Online  [www.thefederalregister.org]
[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]
BILLING CODE 4510-HT-P

8172 Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Rules and Regulations

the basis of material nonpublic information to the public.66 We expect Office Box mailing address for filing
information related to cybersecurity companies to have policies and notices of appeal with the Board. 62 FR
risks and incidents. The Commission procedures to ensure that any 10666. The Department added the P.O.
believes that it is important to have well disclosures of material nonpublic Box to augment timely receipt of
designed policies and procedures to information related to cybersecurity incoming mail. Over time, the
prevent trading on the basis of all types risks and incidents are not made Department has found this
of material non-public information, selectively, and that any Regulation FD supplemental process is not needed to
including information relating to required public disclosure is made ensure the timely receipt of mail.
cybersecurity risks and incidents. simultaneously (in the case of an Therefore, to save costs, the Department
In addition, while companies are intentional disclosure as defined in the is eliminating the P.O. Box and
investigating and assessing significant rule) or promptly (in the case of a non- amending its regulations to direct that
cybersecurity incidents, and intentional disclosure) and is otherwise all notices of appeal and
determining the underlying facts, compliant with the requirements of that correspondence filed by mail be sent
ramifications and materiality of these regulation.67 directly to the Board’s offices in the
incidents, they should consider whether By the Commission. Frances Perkins Department of Labor
and when it may be appropriate to Building in Washington, DC. This
Dated: February 21, 2018.
implement restrictions on insider document amends the relevant section
Brent J. Fields,
trading in their securities. Company in the Code of Federal Regulations
insider trading policies and procedures Secretary. governing the procedural rules of the
that include prophylactic measures can [FR Doc. 2018–03858 Filed 2–23–18; 8:45 am] Board in order to present the new
protect against directors, officers, and BILLING CODE 8011–01–P mailing address.
other corporate insiders trading on the
basis of material nonpublic information II. Statutory Authority
before public disclosure of the DEPARTMENT OF LABOR This rule is promulgated by the
cybersecurity incident. As noted above, Secretary of Labor under the authority
we believe that companies would be Benefits Review Board of 5 U.S.C. 301, as well as the Black
well served by considering how to avoid Lung Benefits Act, 30 U.S.C. 901 et seq.,
the appearance of improper trading 20 CFR Part 802 and the Longshore and Harbor Workers’
during the period following an incident RIN 1290–AA32 Compensation Act, 33 U.S.C. 901 et seq.
and prior to the dissemination of
III. Rulemaking Analyses
disclosure. Change of Mailing Address for the
Benefits Review Board A. Administrative Procedure Act
3. Regulation FD and Selective
Disclosure AGENCY: Benefits Review Board, Labor. Section 553(b)(3) of the
Administrative Procedure Act (APA), 5
Companies also may have disclosure ACTION: Final rule; technical
U.S.C. 553(b)(3), provides that an
obligations under Regulation FD in amendment.
agency is not required to publish a
connection with cybersecurity matters.
SUMMARY: This rule amends one section notice of proposed rulemaking in the
Under Regulation FD, ‘‘when an issuer,
of the Benefits Review Board’s Federal Register for ‘‘rules of agency
or person acting on its behalf, discloses
regulations in order to change the organization, procedure, or practice.’’ 5
material nonpublic information to
mailing address for notices of appeal U.S.C. 553(b)(3)(A). Rules are also
certain enumerated persons it must
and correspondence sent to the Board. exempt when an agency finds ‘‘good
make public disclosure of that
cause’’ that notice and comment
information.’’ 63 The Commission DATES: This rule is effective March 28,
rulemaking procedures would be
adopted Regulation FD owing to 2018.
‘‘impracticable, unnecessary, or contrary
concerns about companies making FOR FURTHER INFORMATION CONTACT: Mr. to the public interest.’’ 5 U.S.C.
selective disclosure of material Thomas Shepherd, Clerk of the 553(b)(3)(B). The Department has
nonpublic information to certain Appellate Boards, at 202–693–6319 or determined that this rulemaking meets
persons before making full disclosure of Shepherd.Thomas@dol.gov. the notice and comment exemption
that same information to the general SUPPLEMENTARY INFORMATION: requirements in 5 U.S.C. 553(b)(3)(A)
public.64
In cases of selective disclosure of I. Background and (B). The Department’s revision
material nonpublic information related makes a technical and non-substantive
On March 7, 1997, the Department change to the rules of procedure before
to cybersecurity, companies should issued a technical amendment to 20
ensure compliance with Regulation FD. the Benefits Review Board and does not
CFR 802.204 to include a U.S. Post alter any substantive standard. The
Companies and persons acting on their
behalf should not selectively disclose Department does not believe that public
persons associated with an investment advisor; (3) comment is necessary for this minor
material, nonpublic information an investment company or persons affiliated with
regarding cybersecurity risks and an investment company; or (4) a holder of the revision.
incidents to Regulation FD enumerated issuer’s securities under circumstances in which it
is reasonably foreseeable that the person will trade
B. Regulatory Flexibility Act, Unfunded
persons 65 before disclosing that same in the issuer’s securities on the basis of the Mandates Reform Act, and Small
information. 17 CFR 243.100(b)(1). Business Regulatory Enforcement
63 17 CFR 243.100. Final Rule: Selective
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66 Final Rule: Selective Disclosure and Insider
Fairness Act
Disclosure and Insider Trading, Release No. 34– Trading, Release No. 34–43154 (Aug. 15, 2000) [65
43154 (Aug. 15, 2000) [65 FR 51716 (Aug. 24, FR 51716 (Aug. 24, 2000)]. Because no notice of proposed
2000)]. 67 ‘‘Under the regulation, the required public rulemaking is required for this rule
64 Id.
disclosure may be made by filing or furnishing a under section 553(b) of the APA, the
65 Regulation FD applies generally to selective Form 8–K, or by another method or combination of
disclosures made to persons outside the issuer who methods that is reasonably designed to effect broad,
requirements of the Regulatory
are (1) a broker or dealer or persons associated with non-exclusionary distribution of the information to Flexibility Act at 5 U.S.C. 601(2) do not
a broker or dealer; (2) an investment advisor or the public.’’ Id. at 3. apply to this rule, and the rule is not

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Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Rules and Regulations 8173

subject to sections 202 or 205 of the action because this rule is not SUMMARY: This document contains final
Unfunded Mandates Reform Act of 1995 significant under E.O. 12866. regulations that provide rules for the
(UMRA) (2 U.S.C. 1532 and 1535). In definition of a covered entity for
List of Subjects in 20 CFR Part 802
addition, this action does not purposes of the fee imposed by section
significantly or uniquely affect small Administrative practice and 9010 of the Patient Protection and
governments or impose a significant procedure, Black lung benefits, Affordable Care Act, as amended. The
intergovernmental mandate as described Longshore and harbor workers, Workers’ final regulations supersede and adopt
in sections 203 and 204 of the UMRA compensation. the text of temporary regulations that
(2 U.S.C. 1533 and 1534). For the reasons set forth above, the provide rules for the definition of a
This action is further not classified as Department of Labor amends 20 CFR covered entity. The final regulations
a ‘‘rule’’ under Chapter 8 of the Small part 802 as follows: affect persons engaged in the business of
Business Regulatory Enforcement providing health insurance for United
Fairness Act of 1996, because it pertains PART 802—RULES OF PRACTICE AND States health risks.
to agency organization, procedure, or PROCEDURE DATES: Effective Date: The final
practice that does not substantially regulations are effective February 22,
affect the rights or obligations of non- ■ 1. The authority citation for part 802 2018.
agency parties. See 5 U.S.C. 804(3)(C). is revised to read as follows:
FOR FURTHER INFORMATION CONTACT:
Authority: 5 U.S.C. 301; 30 U.S.C. 901 et Rachel S. Smith at (202) 317–6855 (not
C. Paperwork Reduction Act seq.; 33 U.S.C. 901 et seq.; Reorganization
Plan No. 6 of 1950, 15 FR 3174; Secretary of
a toll-free number).
This rule does not contain a collection SUPPLEMENTARY INFORMATION:
Labor’s Order 03–2006, 71 FR 4219, January
of information requirements subject to
25, 2006. Background
Office of Management and Budget
review under the Paperwork Reduction ■ 2. Section 802.204 is revised to read
Section 9010 of the Patient Protection
Act, 44 U.S.C. 3501 et seq. as follows:
and Affordable Care Act (PPACA),
D. Executive Order 13132 (Federalism) § 802.204 Place for filing notice of appeal Public Law 111–148 (124 Stat. 119
and correspondence. (2010)), as amended by section 10905 of
The Department has reviewed this Any notice of appeal or other PPACA, and as further amended by
rule in accordance with the Executive correspondence filed by mail shall be section 1406 of the Health Care and
Order on Federalism (Executive Order sent to the U.S. Department of Labor, Education Reconciliation Act of 2010,
13132, 64 FR 43255, August 10, 1999). Benefits Review Board, ATTN: Office of Public Law 111–152 (124 Stat. 1029
This rule does not have federalism the Clerk of the Appellate Boards (2010)) (collectively, the Affordable Care
implications as outlined in E.O. 13132. (OCAB), 200 Constitution Ave. NW, Act or ACA) imposes an annual fee on
The rule does not have substantial Washington, DC 20210–0001. Notices of covered entities that provide health
direct effects on the States, on the appeal or other correspondence may be insurance for United States health risks.
relationship between the national otherwise presented to the Clerk. A All references in this preamble to
government and the States, or on the copy of the notice of appeal shall be section 9010 are references to section
distribution of power and served on the deputy commissioner who 9010 of the ACA. Section 9010 did not
responsibilities among the various filed the decision or order being amend the Internal Revenue Code
levels of government. appealed and on all other parties by the (Code) but contains cross-references to
E. Executive Order 13175, Indian Tribal party who files a notice of appeal. Proof specified Code sections. Unless
Governments of service of the notice of appeal on the otherwise indicated, all other references
deputy commissioner and other parties to subtitles, chapters, subchapters, and
The Department has reviewed this shall be included with the notice of sections in this preamble are references
rule under the terms of Executive Order appeal. to subtitles, chapters, subchapters, and
13175 (65 FR 67249, November 6, 2000) sections in the Code and related
and determined it does not have ‘‘tribal Signed at Washington, DC, this 15th day of
February, 2018.
regulations. All references to ‘‘fee’’ in
implications.’’ The rule does not have this preamble are references to the fee
‘‘substantial direct effects on one or R. Alexander Acosta,
imposed by section 9010.
more Indian tribes, on the relationship Secretary, Department of Labor. On November 27, 2013, the
between the Federal Government and [FR Doc. 2018–03783 Filed 2–23–18; 8:45 am] Department of the Treasury (Treasury
Indian tribes, or on the distribution of BILLING CODE 4510–HT–P Department) and the IRS published final
power and responsibilities between the regulations (TD 9643) relating to the
Federal Government and Indian tribes.’’ health insurance providers fee in the
As a result, no Tribal summary impact DEPARTMENT OF THE TREASURY Federal Register (78 FR 71476). On
statement has been prepared. February 26, 2015, the Treasury
Internal Revenue Service Department and the IRS published
F. Executive Order 12866 and Executive
temporary regulations (TD 9711)
Order 13771 26 CFR Part 57 relating to the health insurance
This rule has been drafted and [TD 9830] providers fee in the Federal Register (80
reviewed in accordance with Executive FR 10333). A notice of proposed
Order 12866. The rule is not a RIN 1545–BM52 rulemaking (REG–143416–14) cross-
jstallworth on DSKBBY8HB2PROD with RULES

‘‘significant regulatory action’’ as referencing the temporary regulations
defined by section 3(f) of the order. Health Insurance Providers Fee was published in the Federal Register
Accordingly, there is no requirement for AGENCY: Internal Revenue Service (IRS), in the same issue (80 FR 10435). The
an assessment of potential costs and Treasury. temporary regulations provided further
benefits under section 6(a)(3) of guidance on the definition of a covered
ACTION: Final regulations and removal of
Executive Order 12866. In addition, this entity for the 2015 fee year and
temporary regulations.
rule is not an E.O. 13771 regulatory subsequent fee years.

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Document Created: 2018-02-24 01:00:45
Document Modified: 2018-02-24 01:00:45

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; technical amendment.
Dates		This rule is effective March 28, 2018.
Contact		Mr. Thomas Shepherd, Clerk of the Appellate Boards, at 202-693-6319 or [email protected]
FR Citation		83 FR 8172
RIN Number		1290-AA32
CFR Associated		Administrative Practice and Procedure; Black Lung Benefits; Longshore and Harbor Workers and Workers' Compensation

83 FR 8172 - Change of Mailing Address for the Benefits Review Board

DEPARTMENT OF LABORBenefits Review Board

Federal Register Volume 83, Issue 38 (February 26, 2018)

DEPARTMENT OF LABOR
Benefits Review Board