Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19079 

1 5 U.S.C. 553(b)(B). 2See 5 U.S.C. 553(d)(3). 

Room, U.S. Securities and Exchange 

Commission, 100 F Street NE., Room 

1543, Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Electronic copies are 

available on the Commission’s Web site. 

The address for the Filer Manual is 

http://www.sec.gov/info/edgar.shtml. 

You can also inspect the document at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

By the Commission. 

Dated: March 26, 2012. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–7608 Filed 3–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 410 

[Docket No. SSA–2012–0012] 

RIN 0960–AH48 

Removal of Regulations on Black Lung 

Benefits 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

regulations on the Black Lung program 

from the Social Security 

Administration’s (SSA) chapter of the 

Code of Federal Regulations (CFR). The 

Black Lung Consolidation of 

Administrative Responsibility Act 

transferred the responsibility for 

administering Part B of the Black Lung 

benefits program from SSA to the 

Department of Labor (DOL), and we are 

removing the regulations in recognition 

of the fact that we are no longer 

responsible for administering any aspect 

of the Part B Black Lung program. DOL 

concurs with this final rule removing 

the regulations. 

DATES: This final rule is effective March 

30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Martin Sussman, Social Security 

Administration, Office of Regulations, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–1767. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Brief History of SSA’s Portion of the 

Black Lung Part B Program 

The Federal Coal Mine Health and 

Safety Act (FMHSA) of 1969 established 

the Black Lung program to pay monthly 

benefits to coal miners, their survivors, 

and dependents if the miner was 

disabled by or died due to 

pneumoconiosis. The FMHSA, as 

amended, established two program 

parts. Part B, administered by SSA, 

governs miners’ and survivors’ claims 

filed through June 30, 1973. For those 

claims awarded, Part B also governs 

claims filed by certain survivors of these 

beneficiaries. Part C, administered by 

DOL, governs all other claims. In 2002, 

Congress enacted the Black Lung 

Consolidation of Administrative 

Responsibility Act (Pub. L. 107–275), 

which formally transferred all 

responsibility for administering the 

Black Lung program to DOL beginning 

January 31, 2003. 

Thus, because we no longer have 

responsibility for administering the 

Black Lung Part B program, we are 

removing the pertinent regulations from 

our chapter of the CFR. DOL concurs 

with this final rule removing these 

regulations from our chapter of the CFR, 

and concurs that this action does not 

affect the substantive rights of 

individuals claiming benefits under the 

Black Lung Part B program. 

Regulatory Procedures 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 

when we develop regulations. 

Generally, the APA requires that an 

agency provide prior notice and 

opportunity for public comment before 

issuing a final rule. The APA provides 

exceptions to its notice and public 

comment procedures when an agency 

finds good cause for dispensing with 

such procedures because they are 

impracticable, unnecessary, or contrary 

to the public interest.1

We find that good cause exists for 

proceeding without prior public notice 

and comment in this instance. As 

discussed above, the change we are 

making in this final rule does not affect 

the substantive rights of individuals 

claiming benefits under the Black Lung 

Part B program. Rather, the change 

simply reflects Congress’ decision in the 

Black Lung Consolidation of 

Administrative Responsibility Act to 

transfer responsibility for 

administration of the Black Lung Part B 

program from SSA to DOL. Accordingly, 

we find that prior public comment 

would be unnecessary in this instance. 

In addition, for the reasons cited 

above, we also find good cause for 

dispensing with the 30-day delay in the 

effective date of this rule.2 Since the 

change we are making to this rule 

merely recognizes that we are no longer 

responsible for administering any aspect 

of the Part B Black Lung program, we 

find that it is contrary to the public 

interest to delay the effective date of our 

rule. Accordingly, we are making this 

rule effective upon publication. 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. Thus, it was not subject to 

OMB review. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities, 

as it affects individuals only. Therefore, 

a regulatory flexibility analysis is not 

required under the Regulatory 

Flexibility Act, as amended. 

Paperwork Reduction Act 

This final rule imposes no reporting 

or recordkeeping requirements subject 

to OMB clearance. 

Michael J. Astrue, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, under the authority of section 

702(a)(5) of the Social Security Act, 42 

U.S.C. 902(a)(5), and Public Law 107– 

275, we amend 20 CFR chapter III, part 

410, as set forth below: 

PART 410 [Removed] 

■ 1. Remove part 410. 

[FR Doc. 2012–7672 Filed 3–29–12; 8:45 am] 

BILLING CODE 4191–02–P 


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