[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Page 8806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02614]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

[Docket No. WCPO-2020-0002]


Black Lung Benefits Act Self-Insurance: Withdrawal of Guidance

AGENCY: Office of Workers' Compensation Programs, Labor.

ACTION: Withdrawal of notice and request for comments.

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SUMMARY: The Office of Workers' Compensation Programs (OWCP) is 
withdrawing a notice and request for comments entitled ``Guidance on 
Black Lung Benefits Act Self-Insurance,'' which was published in the 
Federal Register on January 8, 2021.

DATES: The withdrawal is effective February 9, 2021.

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, Room N-
3464, 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: On January 8, 2021, OWCP published a notice 
and request for comments entitled ``Guidance on Black Lung Benefits Act 
Self-Insurance'' in the Federal Register. 86 FR 1529 (Jan. 8, 2021). 
The notice informed and invited comment from the public on a 
preliminary program bulletin related to coal-mine operators applying to 
self-insure their liabilities under the Black Lung Benefits Act. 30 
U.S.C. 901-944. The comment period under the notice runs through 
February 8, 2021.
    OWCP is now withdrawing the notice and request for comments on the 
preliminary self-insurance bulletin because the legal bases for 
publishing the notice--the Department of Labor's PRO Good Guidance Rule 
(29 CFR part 89) and Executive Order 13891 (84 FR 55235 (Oct. 15, 
2019))--have been rescinded or revoked. See 86 FR 7237 (Jan. 27, 2021) 
(rescinding 29 CFR part 89); E.O. 13992, 86 FR 7049 (Jan. 20, 2021) 
(revoking E.O. 13891).
    OWCP's action is also consistent with the January 20, 2021 
memorandum for the Heads of Executive Departments and Agencies from the 
Assistant to the President and Chief of Staff entitled ``Regulatory 
Freeze Pending Review.'' 86 FR 7424 (Jan. 28, 2021). The memorandum 
directs agencies to pause or delay certain regulatory actions, 
including actions related to guidance documents, for the purpose of 
reviewing questions of fact, law, and policy raised therein. OWCP 
intends to review the self-insurance bulletin and offer the public an 
opportunity to comment on self-insurance procedures at a later time.
    Accordingly, OWCP is withdrawing the notice and request for 
comments published on January 8, 2021. The withdrawal of the guidance 
does not change any law, regulation, or other legally binding 
requirement.

    Dated: February 3, 2021.
Christopher J. Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2021-02614 Filed 2-8-21; 8:45 am]
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