Black Lung Benefits Act: Standards for Chest Radiographs, 53645-53646 [2013-21029]
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
commenters, many of whom submitted
identical or nearly identical comments,
summarily suggested that the
Department reconsider or delay the
implementation of the ‘‘new rule’’ or the
‘‘new wage methodology.’’ We interpret
these comments to refer to the
Department’s IFR issued on April 24,
2013. As noted above, the Departments
are considering comments submitted in
response to the IFR and will determine,
in that separate rulemaking proceeding,
whether further changes are necessary
in light of those comments. However,
comments on the IFR are beyond the
scope of this rulemaking, which only
addresses the effective date of the 2011
Wage Rule. As a result, we have not
considered comments about the IFR in
this final rule.
One commenter challenged generally
the merits of the 2011 Wage Rule and
the IFR. As noted above, the relative
merits of the IFR were not raised in this
proposed rule, which was limited to the
proposed indefinite delay of the
effective date of the 2011 Wage Rule.
Comments about the IFR are therefore
beyond the scope of this rulemaking, as
are the relative merits of the 2011 Wage
Rule. The same commenter also
challenged our authority to issue rules
for the H–2B program, asserting, in part,
that the issuance of the proposed
extension of the 2011 Wage Rule
violates ‘‘the congressional defunding
legislation,’’ which, in its view, requires
the rescission of the 2011 Wage Rule
and precludes its indefinite delay. This
commenter also asserted that the APA
does not allow an agency to place a
regulation ‘‘on a shelf forever’’ and that
the Department has acted improperly by
determining that it intends to issue—
without public comment—the 2011
Wage Rule upon expiration of ‘‘the
defunding legislation.’’
As explained in the proposed rule, we
have complied with the restrictions
imposed on our use of appropriated
funds to implement, administer, or
enforce the 2011 Wage Rule. Contrary to
the commenter’s view, the
appropriations legislation, by its terms,
is only applicable for a specified period
of time and does not supplant the
substantive provisions of the 2011 Wage
Rule. Moreover, the proposal to
indefinitely delay the effective date of
the rule is consistent with the
conditions imposed by Congress. As
noted in the proposed rule, we have
promulgated a series of notices delaying
the effective date of the 2011 Wage Rule.
By doing so, we have clarified the status
of the rule for the public, thereby
eliminating any uncertainty or
confusion as to its status.
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To the extent that the commenter is
challenging our authority to issue any
regulations in the H–2B program, we
disagree for the reasons stated in the
2011 Wage Rule (76 FR at 3452–3453)
and the IFR (78 FR at 24049–24051). As
to the commenter’s additional
assertions, we have complied fully with
the Administrative Procedure Act (APA)
in proposing and adopting as a final rule
the indefinite delay of the 2011 Wage
rule. Our future actions likewise will be
guided by the APA and other statutory
requirements. The 2011 Wage Rule has
already been the subject of extensive
public comment to which we responded
in detail in the preamble to the 2011
Wage Rule. The commenter provides no
authority, and we are aware of none,
that would require us to reopen the rule
for comment simply because the
effective date of the rule has been
changed.
In sum, after considering all the
comments, the Department has decided
to indefinitely delay the 2011 Wage
Rule for the reasons stated in the
proposal. As noted in the proposed rule,
if the 2011 Wage Rule were to become
effective, it would supplant the
revisions made to 20 CFR 655.10(b) in
the IFR, which were necessary in light
of the court’s order in CATA v. Solis. In
that event, we would likely continue to
be unable to implement the 2011 Wage
Rule, based on the continuation of the
Congressional prohibition on its
implementation. However, if Congress
lifts the prohibition against
implementation of the 2011 Wage Rule,
the Department would need time to
assess the current regulatory framework,
to consider any changed circumstances,
novel concerns or new information
received, and to minimize disruptions.
This rule preserves our ability to do so.
Until such time as Congress no longer
prohibits the Department from
implementing the 2011 Wage Rule, the
effective date of the 2011 Wage Rule is
delayed indefinitely. If Congress no
longer prohibits implementation of the
2011 Wage Rule, the Department will
publish a document in the Federal
Register within 45 days of that event
apprising the public of the status of 20
CFR 655.10 and the effective date of the
2011 Wage Rule. This rule does not
affect the Interim Final Rule, 78 FR
24047, published on April 24, 2013,
establishing the current prevailing wage
methodology for the H–2B program; that
rule remains in effect.
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53645
Signed: at Washington, DC this 26th of
August, 2013.
Eric Seleznow,
Acting Assistant Secretary for Employment
and Training.
[FR Doc. 2013–21132 Filed 8–29–13; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
20 CFR Parts 718 and 725
RIN 1240–AA07
Black Lung Benefits Act: Standards for
Chest Radiographs
Office of Workers’
Compensation Programs, Labor.
ACTION: Direct final rule; withdrawal.
AGENCY:
The Office of Workers’
Compensation Programs (OWCP)
published a direct final rule in the
Federal Register on June 13, 2013,
updating existing film-radiograph
standards and providing parallel
standards for submission of digital
radiographs in connection with claims
filed under the Black Lung Benefits Act.
The comment period closed on August
12, 2013. OWCP is withdrawing the
direct final rule because the agency
received significant adverse comment.
DATES: Effective August 30, 2013, the
direct final rule published on June 13,
2013, (78 FR 35549) is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Steven Breeskin, Director, Division of
Coal Mine Workers’ Compensation,
Office of Workers’ Compensation
Programs, U.S. Department of Labor,
200 Constitution Avenue NW., Suite N–
3464, Washington, DC 20210.
Telephone: (202) 693–0824 (this is not
a toll-free number). TTY/TDD callers
may dial toll-free 1–800–877–8339 for
further information.
SUPPLEMENTARY INFORMATION: On June
13, 2013, OWCP published the direct
final rule, Black Lung Benefits Act:
Standards for Chest Radiographs (78 FR
35549), to update existing filmradiograph standards and provide
parallel standards for digital
radiographs submitted in Black Lung
Benefits Act claims. OWCP stated that
the rule would go into effect unless the
agency received significant adverse
comment; in that event, OWCP stated
that it would withdraw the direct final
rule and proceed on the companion
proposed rule also published in the
Federal Register on June 13, 2013 (78
FR 35575). Because OWCP has received
SUMMARY:
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53646
Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
significant adverse comment, it is
withdrawing the direct final rule with
this notice. OWCP will address all
comments in its final action on the
proposed rule. As stated in both the
direct final rule and companion
proposed rule, OWCP will not institute
a second comment period.
Dated: August 20, 2013.
Gary A. Steinberg,
Acting Director, Office of Workers’
Compensation Programs.
[FR Doc. 2013–21029 Filed 8–29–13; 8:45 am]
BILLING CODE 4510–CR–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9632]
RIN 1545–BL36
Shared Responsibility Payment for Not
Maintaining Minimum Essential
Coverage
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
regulations on the requirement to
maintain minimum essential coverage
enacted by the Patient Protection and
Affordable Care Act and the Health Care
and Education Reconciliation Act of
2010, as amended by the TRICARE
Affirmation Act and Public Law 111–
173. These final regulations provide
guidance to individual taxpayers on the
liability under section 5000A of the
Internal Revenue Code for the shared
responsibility payment for not
maintaining minimum essential
coverage and largely finalize the rules in
the notice of proposed rulemaking
published in the Federal Register on
February 1, 2013.
DATES: Effective date: These regulations
are effective on August 30, 2013.
Applicability date: For date of
applicability, see § 1.5000A–5(c).
FOR FURTHER INFORMATION CONTACT: SueJean Kim or John B. Lovelace at (202)
622–4960 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
ehiers on DSK2VPTVN1PROD with RULES
Paperwork Reduction Act
The collection of information
contained in these regulations has been
reviewed and approved by the Office of
Management and Budget in accordance
with the Paperwork and Reduction Act
of 1995 (44 U.S.C. 3507(d)) under
control number 1545–0074. The
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collection of information in these final
regulations is in § 1.5000A–3 and
§ 1.5000A–4. The information is
necessary to determine whether the
shared responsibility payment provision
applies to a taxpayer, and, if it applies,
the amount of the penalty. The likely
respondents are individuals required to
file Federal income tax returns under
section 6012(a)(1).
Estimated total annual reporting
burden: 7,500,000 hours.
Estimated annual burden hours per
respondent varies from .1 to .5 hours,
depending on individual circumstances,
with an estimated average of .21 hours.
Estimated number of respondents:
36,000,000.
Estimated frequency of responses:
Annually.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number
assigned by the Office of Management
and Budget.
Book or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by section
6103.
Background
This document amends the Income
Tax Regulations (26 CFR part 1) by
adding final regulations under section
5000A on the individual shared
responsibility provision. Section 5000A
was enacted by the Patient Protection
and Affordable Care Act, Public Law
111–148 (124 Stat. 119 (2010)), and the
Health Care and Education
Reconciliation Act of 2010, Public Law
111–152 (124 Stat. 1029 (2010))
(collectively, the Affordable Care Act).
On February 1, 2013, a notice of
proposed rulemaking (REG–148500–12)
was published in the Federal Register
(78 FR 7314).
Written comments responding to the
notice of proposed rulemaking of
February 1, 2013, were received. The
comments are available for public
inspection at www.regulations.gov or on
request. A public hearing was held on
May 29, 2013. After considering all the
comments, the proposed regulations are
adopted as revised by this Treasury
decision. The comments and revisions
are discussed in the preamble.
In related rulemaking, on July 1, 2013,
the Department of Health and Human
Services (HHS) promulgated final
regulations implementing certain
functions of the Affordable Insurance
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Exchanges (Exchanges) to determine
eligibility for and grant certain
exemptions from the shared
responsibility payment under section
5000A, and implementing the
responsibilities of the Secretary of HHS,
in coordination with the Secretary of the
Treasury, to designate other health
benefits coverage as minimum essential
coverage under section 5000A(f)(1)(E).
Patient Protection and Affordable Care
Act: Exchange Functions: Eligibility for
Exemptions; Miscellaneous Minimum
Essential Coverage Provisions, 78 FR
39494 (codified at 45 CFR parts 155 and
156) (the HHS MEC regulations). The
HHS MEC regulations provide, among
other things, eligibility standards for the
hardship exemption, setting forth both
general and specific descriptions of the
circumstances in which an Exchange
will grant a hardship exemption
certification as well as those in which
a hardship exemption may be claimed
on a Federal income tax return. The
HHS MEC regulations also designate
certain coverage as minimum essential
coverage and outline substantive and
procedural requirements for other types
of coverage to be recognized as
minimum essential coverage.
Summary of Comments and
Explanation of Revisions
I. Maintenance of Minimum Essential
Coverage
A. Coverage for a Month
The proposed regulations provide
that, for any calendar month, an
individual has minimum essential
coverage if the individual is enrolled in
and entitled to receive benefits under a
program or plan that is minimum
essential coverage for at least one day
during the month.
A commentator recommended that an
individual be covered for a month if the
individual is enrolled in and entitled to
receive benefits under a plan or program
identified as minimum essential
coverage for a majority of the days in the
month. The commentator asserted that
allowing one day of enrollment in a
month to satisfy the coverage
requirement would permit individuals
to obtain minimum essential coverage
for only one day and then forgo it for the
rest of the month without any adverse
consequence under section 5000A.
The Treasury Department and the IRS
considered a rule requiring coverage for
a majority of days in a month but chose
the one-day rule because it provides
administrative convenience for both
taxpayers and the IRS. Without the oneday rule, taxpayers and the IRS would
need to determine the number of days
each person in a shared responsibility
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]]>Agencies
[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53645-53646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21029]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Parts 718 and 725
RIN 1240-AA07
Black Lung Benefits Act: Standards for Chest Radiographs
AGENCY: Office of Workers' Compensation Programs, Labor.
ACTION: Direct final rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Office of Workers' Compensation Programs (OWCP) published
a direct final rule in the Federal Register on June 13, 2013, updating
existing film-radiograph standards and providing parallel standards for
submission of digital radiographs in connection with claims filed under
the Black Lung Benefits Act. The comment period closed on August 12,
2013. OWCP is withdrawing the direct final rule because the agency
received significant adverse comment.
DATES: Effective August 30, 2013, the direct final rule published on
June 13, 2013, (78 FR 35549) is withdrawn.
FOR FURTHER INFORMATION CONTACT: Steven Breeskin, Director, Division of
Coal Mine Workers' Compensation, Office of Workers' Compensation
Programs, U.S. Department of Labor, 200 Constitution Avenue NW., Suite
N-3464, Washington, DC 20210. Telephone: (202) 693-0824 (this is not a
toll-free number). TTY/TDD callers may dial toll-free 1-800-877-8339
for further information.
SUPPLEMENTARY INFORMATION: On June 13, 2013, OWCP published the direct
final rule, Black Lung Benefits Act: Standards for Chest Radiographs
(78 FR 35549), to update existing film-radiograph standards and provide
parallel standards for digital radiographs submitted in Black Lung
Benefits Act claims. OWCP stated that the rule would go into effect
unless the agency received significant adverse comment; in that event,
OWCP stated that it would withdraw the direct final rule and proceed on
the companion proposed rule also published in the Federal Register on
June 13, 2013 (78 FR 35575). Because OWCP has received
[[Page 53646]]
significant adverse comment, it is withdrawing the direct final rule
with this notice. OWCP will address all comments in its final action on
the proposed rule. As stated in both the direct final rule and
companion proposed rule, OWCP will not institute a second comment
period.
Dated: August 20, 2013.
Gary A. Steinberg,
Acting Director, Office of Workers' Compensation Programs.
[FR Doc. 2013-21029 Filed 8-29-13; 8:45 am]
BILLING CODE 4510-CR-P
