Rules of Practice and Procedure

Citation86 FR 14558
CourtBenefits Review Board
Publication Date17 Mar 2021
Record Number2021-05407
Federal Register, Volume 86 Issue 50 (Wednesday, March 17, 2021)
[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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