Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Rules and Regulations 100303 

coordinates of the airport to coincide 

with the FAA’s aeronautical database; 

And modifies the Class E airspace 

extending upward from 700 feet above 

the surface at Ottumwa Regional Airport 

by removing the Ottumwa VOR/DME 

and the associated extensions from the 

airspace legal description; and updates 

the name (previously Ottumwa 

Industrial Airport) and geographic 

coordinates of the airport to coincide 

with the FAA’s aeronautical database. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6002 Class E Airspace Areas 

Designates as a Surface Area. 

* * * * * 

ACE IA E2 Ottumwa, IA [Amended] 

Ottumwa Regional Airport, IA 

(Lat. 41°06′26′′ N, long. 92°26′50′′ W) 

Within a 4.1-mile radius of Ottumwa 

Regional Airport. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE IA E5 Ottumwa, IA [Amended] 

Ottumwa Regional Airport, IA 

(Lat. 41°06′26′′ N, long. 92°26′50′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Ottumwa Regional Airport. 

* * * * * 

Issued in Fort Worth, Texas, on December 

9, 2024. 

Steven T. Phillips, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2024–29225 Filed 12–11–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 356 

[Docket No. 241206–0314] 

RIN 0625–AB20 

Procedures and Rules for Article 10.12 

of the United States-Mexico-Canada 

Agreement; Correction 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Rule; correction. 

SUMMARY: On January 31, 2024, the 

Department of Commerce (Commerce) 

updated and made final an interim final 

rule that amended its regulations 

pertaining to the procedures and rules 

related to Article 1904 of the North 

American Free Trade Agreement 

(NAFTA) with appropriate references to 

the United States-Mexico-Canada 

Agreement (USMCA), which went into 

effect on July 1, 2020. This rule is 

correcting language in the regulations 

which was erroneously duplicated. 

DATES: Effective December 12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Scott D. McBride, Associate Deputy 

Chief Counsel, at (202) 482–6292 or 

Spencer Neff, Senior Attorney, at (202) 

482–8184. 

SUPPLEMENTARY INFORMATION: On 

January 31, 2024, the Department of 

Commerce published a final rule 

amending its regulations pertaining to 

the procedures and rules related to 

Article 1904 of the North American Free 

Trade Agreement (NAFTA) with 

appropriate references to the United 

States-Mexico-Canada Agreement 

(USMCA), which went into effect on 

July 1, 2020 (89 FR 6011). The final rule 

erroneously duplicated language in 19 

CFR 356.8(b)(2) from § 356.8(b)(1). This 

amendment corrects § 356.8(b)(2). 

List of Subjects in 19 CFR Part 356 

Administrative practice and 

procedure, Antidumping, Business and 

industry, Confidential business 

information, Countervailing duties, 

Imports. 

Dated: December 6, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Accordingly, 19 CFR part 356 is 

corrected by making the following 

correcting amendment: 

PART 356—PROCEDURES AND 

RULES FOR ARTICLE 10.12 OF THE 

UNITED STATES-MEXICO-CANADA 

AGREEMENT 

■ 1. The authority citation for part 356 

continues to read as follows: 

Authority: 19 U.S.C. 1516a and 1677f(f), 

unless otherwise noted. 

■ 2. In § 356.8, revise paragraph (b)(2) to 

read as follows: 

§ 356.8 Continued suspension of 

liquidation. 

* * * * * 

(b) * * * 

(2) A participant in a binational panel 

review that was a party to the 

proceeding, as described in section 

771(9)(A) of the Act (19 U.S.C. 

1677(9)(A)), may request continued 

suspension of liquidation of the 

merchandise which it manufactured, 

produced, exported, or imported and 

which is covered by the administrative 

determination under review by the 

panel. Foreign governments are not 

listed as interested parties who may 


ddrumheller on DSK120RN23PROD with RULES1
100304 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Rules and Regulations 

request the continuation of suspension 

under 19 U.S.C. 1516a(g)(5)(C)(iii). 

* * * * * 

[FR Doc. 2024–29091 Filed 12–11–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

20 CFR Part 726 

RIN 1240–AA16 

Black Lung Benefits Act: Authorization 

of Self-Insurers 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

regulations under the Black Lung 

Benefits Act (BLBA) governing 

authorization of self-insurers. The 

updated regulations determine the 

process for coal mine operators to apply 

for authorization to self-insure, the 

requirements operators must meet to 

qualify to self-insure, the amount of 

security self-insured operators must 

provide, and the process for operators to 

appeal determinations made by the 

Office of Workers’ Compensation 

Programs (OWCP). 

DATES: This rule is effective January 13, 

2025. 

ADDRESSES: For access to the 

rulemaking docket and to read 

background documents or comments 

received, go to https://

www.regulations.gov. Although some 

information (e.g., copyrighted material) 

may not be available through the 

website, the entire rulemaking record, 

including any copyrighted material, will 

be available for inspection at OWCP. 

Please contact the individual named 

below if you would like to inspect the 

record. 

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 C– 

3520–DCWMC, Washington, DC 20210. 

Telephone: 1–800–347–2502. This is a 

toll-free number. TTY/TDD callers may 

dial toll-free 1–877–889–5627 for 

further information. 

SUPPLEMENTARY INFORMATION: 

I. Background of This Rulemaking 

The BLBA, 30 U.S.C. 901–944, 

provides for the payment of benefits to 

coal miners and certain of their 

dependent survivors for total disability 

or death due to pneumoconiosis, 

commonly known as black lung disease. 

30 U.S.C. 901(a); Usery v. Turner 

Elkhorn Mining Co., 428 U.S. 1, 5 

(1976). The BLBA places the primary 

responsibility for paying benefits on 

coal mine operators. 30 U.S.C. 932(b). 

When a coal miner is determined to be 

eligible for benefits, the operator 

responsible for paying benefits (the 

responsible operator) is generally the 

one that most recently employed the 

miner for a period of at least one year 

and is financially capable of paying 

benefits. 20 CFR 725.495(a)(1). If a 

responsible operator cannot be 

determined, is unable to pay, or defaults 

on its obligation to pay, the 

responsibility for paying benefits falls to 

the Black Lung Disability Trust Fund 

(the Trust Fund), which is financed by 

an excise tax on coal mined for 

domestic use and, as necessary, 

borrowing from the U.S. Treasury’s 

general fund. 30 U.S.C. 932(j), 934(b); 26 

U.S.C. 4121, 9501. 

Because coal mine operators are 

principally responsible for paying 

benefits, the BLBA requires every 

operator to secure the payment of 

benefits for which it may be found 

liable. 30 U.S.C. 932(b). Each operator 

must secure the payment of benefits 

either by purchasing commercial 

insurance or by qualifying as a selfinsurer ‘‘in accordance with regulations 

prescribed by the Secretary.’’ 30 U.S.C. 

933(a); see also 20 CFR 726.1. 

The current regulations—part 726, 

subpart B—establish the standards for a 

coal mine operator to qualify as a selfinsurer. They provide that, to qualify as 

a self-insurer, an operator must meet 

certain minimum requirements, 

including ‘‘obtain[ing] security . . . in a 

form approved by [OWCP] and . . . in 

an amount to be determined by 

[OWCP].’’ 20 CFR 726.101(b)(4). The 

regulations identify four forms of 

security that OWCP may allow an 

operator to provide: (1) indemnity 

bonds; (2) deposits of negotiable 

securities; (3) letters of credit; or (4) 

trust funds under section 501(c)(21) of 

the Internal Revenue Code. 20 CFR 

726.104(b). The regulations further 

provide that ‘‘[OWCP] shall require the 

amount of security which it deems 

necessary and sufficient to secure the 

performance by the applicant of all 

obligations imposed upon him as an 

operator by the Act.’’ 20 CFR 726.105. 

The regulations also set forth a nonexhaustive list of factors that OWCP will 

consider in setting the amount of 

security an operator must provide, 

including the operator’s net worth, the 

existence of a guarantee by a parent 

corporation, and the operator’s existing 

liability for benefits. Id. 

OWCP historically has not required 

self-insured operators to post security 

with a face value that would cover all 

of the operator’s expected black lung 

liability. See 62 FR 3338, 3370 (Jan. 22, 

1997). Instead, OWCP has relied in part 

on a company’s size as evidence of its 

ability to make future benefits 

payments. Id. Depending on the 

operator’s assets, OWCP usually 

required security sufficient to cover 

from three to fifteen years of the 

operator’s payments on claims currently 

in award status, rather than the 

operator’s total liability for current and 

future claims. Id. Under this model, 

most large operators therefore posted 

fewer years of payment relative to 

smaller operators. 

A number of bankruptcies in the 

mining industry revealed weaknesses in 

that process and demonstrated that a 

more substantial security amount would 

be required to adequately protect the 

Trust Fund. Specifically, beginning in 

2014, three large self- insured operators 

filed for bankruptcy. Because these 

operators had insufficient securities to 

cover the full amount of expected 

benefits, an estimated $865 million in 

liabilities will ultimately transfer to the 

Trust Fund. See U.S. Government 

Accountability Office, Federal Black 

Lung Benefits Program: Improved 

Oversight of Coal Mine Operator 

Insurance is Needed, at 13 (Feb. 2020), 

available at https://www.gao.gov/ 

products/gao-20-21. 

In response, OWCP developed revised 

guidelines and procedures for 

authorizing coal mine operators to selfinsure, which it began to implement in 

2019. These guidelines were intended to 

standardize the process by which 

applicants provide financial and 

actuarial information to OWCP. OWCP 

required each company to calculate and 

report its projected black lung liabilities 

through actuarial reports using a set of 

standardized assumptions, including 

discount rate, claim cost trends, and the 

probability of awards. OWCP also 

developed a set of financial metrics and 

a methodology to assess each operator’s 

solvency, profitability, and risk of 

default. This assessment would 

determine the proportion of the 

operator’s projected liabilities it would 

be required to post as security. 

Operators determined to be at less risk 

of not meeting their obligations would 

be required to provide smaller amounts 

of security, while operators at higher 

risk would be required to provide larger 

amounts of security. These guidelines 

were summarized in a December 2020 


ddrumheller on DSK120RN23PROD with RULES1