Guidance on Black Lung Benefits Act Self-Insurance, 1529-1530 [2021-00097]

Download as PDF 1529 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices Management and Budget approval of the information collection request; they will also become a matter of public record. ESTIMATED ANNUAL BURDEN HOURS Type of Instrument (form-activity) Number of respondents Semi-structured interview with staff, partners, and stakeholders topic guide ................................................... Participant interview or focus group protocol .................................................... Program survey of JC Centers and pilots ...................................................... Impact feasibility topic guide .................. Total ................................................ Christina Yancey, Chief Evaluation Officer, U.S. Department of Labor. [FR Doc. 2021–00078 Filed 1–7–21; 8:45 am] BILLING CODE 4510–HX–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs [Docket No. WCPO–2020–0002] Guidance on Black Lung Benefits Act Self-Insurance Office of Workers’ Compensation Programs, Labor. ACTION: Notice of availability; request for comments. SUMMARY: The Office of Workers’ Compensation Programs (OWCP) is announcing publication of a preliminary program bulletin titled ‘‘DCMWC SelfInsurance Process Guidelines’’ describing the agency’s updated process for evaluating self-insurance applications under the Black Lung Benefits Act (BLBA). The BLBA requires coal mine operators to secure the payment of benefits by either purchasing commercial insurance or obtaining the Department’s authorization to self-insure those liabilities. Authorization to self-insure may be granted or denied at the Department’s discretion. OWCP is making the programmatic changes and preliminary bulletin available for public comment pursuant to the Department of Labor’s PRO Good Guidance Rule. tkelley on DSKBCP9HB2PROD with NOTICES AGENCY: The Department invites written comments on the self-insurance program and the bulletin from interested parties. Written comments must be received by February 8, 2021. DATES: VerDate Sep<11>2014 21:23 Jan 07, 2021 Jkt 253001 Number of responses per respondent Estimated burden hours 175 1 175 1.5 262.5 175 1 175 1.5 262.5 161 30 1 1 161 30 2 1.5 322 45 541 .............................. 541 .............................. 892 You may submit written comments electronically by the following method: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions on the website for submitting comments. Instructions. Include the docket number WCPO–2020–0002 in your comments. All comments received will be posted without change to http:// www.regulations.gov. Please do not include any personally identifiable or confidential business information you do not want publicly disclosed. 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: ADDRESSES: I. Overview The BLBA provides benefits to coal miners who are totally disabled by pneumoconiosis (commonly known as black lung disease) and to certain of their survivors. The BLBA requires coal mine operators to secure the payment of benefits by either purchasing commercial insurance or obtaining the Department’s authorization to selfinsure those liabilities. 30 U.S.C. 933(a). Authorization to self-insure may be granted or denied at the Department’s discretion. 20 CFR 726.101(a). When a self-insurer is unable (or unwilling) to meet its payment obligations, the Black Lung Disability Trust Fund (Trust Fund) makes those payments. Although the Trust Fund acts as a backstop, Congress intended ‘‘to ensure that individual coal PO 00000 Average burden time per response (hours) Total number of responses Frm 00055 Fmt 4703 Sfmt 4703 operators rather than the trust fund bear the liability for [black lung] claims arising out of such operators’ mines to the maximum extent feasible.’’ See Old Ben Coal Co. v. Luker, 826 F.2d 688, 693 (7th Cir. 1987) (quoting S. Rep. No. 209, 95th Cong., 1st Sess. 9 (1977), reprinted in House Comm. on Educ. and Labor, 96th Cong., Black Lung Benefits Reform Act and Black Lung Benefits Revenue Act of 1977, 612 (Comm. Print 1979)); 20 CFR 725.1(e). To help ensure that self-insured operators’ liabilities do not fall on the Trust Fund, OWCP created new forms CM–2017, CM–2017a, and CM–2017b and now seeks to update its process for evaluating the information collected through those forms to determine whether a coal mine operator should be allowed to self-insure and to determine the security amount each operator must provide to guarantee payment of current and future liabilities. OWCP has set forth the updated process in its preliminary bulletin titled ‘‘DCMWC Self-Insurance Process Guidelines.’’ OWCP now seeks public comment on the bulletin and the process discussed in the bulletin. II. Bulletin Publication Out of an abundance of caution, OWCP is requesting comments on the bulletin and its underlying programmatic changes, in line with the requirements of the Department’s PRO Good Guidance Rule, see 29 CFR part 89, and also because OWCP believes the public’s input on the self-insurance process could be very helpful to the program’s administration. OWCP’s request for comments is also consistent with the openness and transparency goals of the Department’s guidance regulations; E.O. 13891, 84 FR 55235 (Oct. 15, 2019); and OMB’s Final Bulletin for Agency Good Guidance Practices, 72 FR 3432 (Jan. 25, 2007). E:\FR\FM\08JAN1.SGM 08JAN1 1530 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices III. Internet Availability Persons with internet access may view the preliminary bulletin at https:// www.dol.gov/sites/dolgov/files/OWCP/ dcmwc/blba/indexes/BL21-01OCR.pdf or at http://www.regulations.gov. The relevant forms are available at: https:// www.dol.gov/sites/dolgov/files/owcp/ regs/compliance/cm-2017.pdf; https:// www.dol.gov/sites/dolgov/files/owcp/ regs/compliance/cm-2017a.pdf; https:// www.dol.gov/sites/dolgov/files/owcp/ regs/compliance/cm-2017b.pdf. Additional information about the programmatic changes are available on the OWCP website at: https:// www.dol.gov/sites/dolgov/files/owcp/ dcmwc/ActuarialAssumptions.pdf. Persons who do not have electronic access to the bulletin, forms, and other information may request a copy using the contact information above. Dated: January 4, 2021. Julia K. Hearthway, Director, Office of Workers’ Compensation Programs. [FR Doc. 2021–00097 Filed 1–7–21; 8:45 am] BILLING CODE 4510–CR–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 20–CRB–0017–AU (Music Choice)] Notice of Intent To Audit Copyright Royalty Board, Library of Congress. ACTION: Public notice. AGENCY: The Copyright Royalty Judges (Judges) announce receipt from SoundExchange, Inc., (SoundExchange) of a notice of intent to audit Music Choice to verify royalties paid by Commercial Webcasters, Preexisting Subscription Services, and Business Establishment Services in 2017, 2018, and 2019 pursuant to two statutory licenses. SUMMARY: tkelley on DSKBCP9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUMMARY INFORMATION: The Copyright Act, title 17 of the United States Code, grants to sound recordings copyright owners the exclusive right to publicly perform sound recordings by means of certain digital audio transmissions, subject to limitations. Specifically, the right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription VerDate Sep<11>2014 21:23 Jan 07, 2021 Jkt 253001 services, and preexisting satellite digital audio radio services to perform publicly sound recordings by means of digital audio transmissions. 17 U.S.C. 114(f). In addition, a statutory license in section 112 allows a service to make necessary ephemeral reproductions to facilitate the digital transmission of the sound recording, including for transmissions to business establishments. 17 U.S.C. 112(e). Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Judges. The rates and terms for the section 112 and 114 licenses are set forth in 37 CFR parts 380, 382, and 384. As part of the terms set for these licenses, the Judges designated SoundExchange as the Collective, i.e., the organization charged with collecting the royalty payments and statements of account submitted by eligible licensees and with distributing royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See, e.g., 37 CFR 380.4(d). As the Collective, SoundExchange may, only once a year, conduct an audit of a licensee for any or all of the prior three calendar years in order to verify royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and deliver the notice to the licensee. See, e.g., 37 CFR 380.6. On December 18, 2020, SoundExchange filed with the Judges a notice of intent to audit Music Choice for royalties paid by Commercial Webcasters, Preexisting Subscription Services, and Business Establishment Services for the years 2017, 2018, and 2019. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective’s intent to conduct an audit. See id. Today’s notice fulfills this requirement with respect to SoundExchange’s notice of intent to audit filed December 18, 2020. Dated: January 5, 2021. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2021–00182 Filed 1–7–21; 8:45 am] BILLING CODE 1410–72–P PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 LIBRARY OF CONGRESS Copyright Royalty Board [Docket Nos. 20–CRB–0014–AU (Cumulus Media, Inc.), 20–CRB–0015–AU (Emmis Communications Corp.), 20–CRB–0016–AU (IMVU, Inc.), 20–CRB–0018–AU (Pandora Media), 20–CRB–0020–AU (Urban One)] Notice of Intent To Audit Copyright Royalty Board, Library of Congress. ACTION: Public Notice. AGENCY: The Copyright Royalty Judges announce receipt from SoundExchange, Inc., (SoundExchange) of notices of intent to audit the 2017, 2018, and 2019 statements of account submitted by commercial webcasters Cumulus Media, Emmis Communications, IMVU, Inc., Pandora Media, LLC, and Urban One, Inc. concerning the royalty payments they made pursuant to two statutory licenses. FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUMMARY INFORMATION: The Copyright Act, title 17 of the United States Code, grants to sound recordings copyright owners the exclusive right to publicly perform sound recordings by means of certain digital audio transmissions, subject to limitations. Specifically, the right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, and pre-existing satellite digital audio radio services to perform publicly sound recordings by means of digital audio transmissions. 17 U.S.C. 114(f). In addition, a statutory license in section 112 allows a service to make necessary ephemeral reproductions to facilitate the digital transmission of the sound recording. 17 U.S.C. 112(e). Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Copyright Royalty Judges. The rates and terms for the section 112 and 114 licenses are set forth in 37 CFR parts 380 and 382–84. As part of the terms set for these licenses, the Judges designated SoundExchange, as the Collective, i.e., the organization charged with collecting the royalty payments and statements of account submitted by eligible nonexempt noninteractive digital subscription services such as Commercial Webcasters and with distributing the royalties to the copyright owners and performers entitled to receive them under the SUMMARY: E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1529-1530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00097]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

[Docket No. WCPO-2020-0002]


Guidance on Black Lung Benefits Act Self-Insurance

AGENCY: Office of Workers' Compensation Programs, Labor. ACTION: Notice 
of availability; request for comments.
SUMMARY: The Office of Workers' Compensation Programs (OWCP) is 
announcing publication of a preliminary program bulletin titled ``DCMWC 
Self-Insurance Process Guidelines'' describing the agency's updated 
process for evaluating self-insurance applications under the Black Lung 
Benefits Act (BLBA). The BLBA requires coal mine operators to secure 
the payment of benefits by either purchasing commercial insurance or 
obtaining the Department's authorization to self-insure those 
liabilities. Authorization to self-insure may be granted or denied at 
the Department's discretion. OWCP is making the programmatic changes 
and preliminary bulletin available for public comment pursuant to the 
Department of Labor's PRO Good Guidance Rule.

DATES: The Department invites written comments on the self-insurance 
program and the bulletin from interested parties. Written comments must 
be received by February 8, 2021.

ADDRESSES: You may submit written comments electronically by the 
following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions on the website for submitting comments.
    Instructions. Include the docket number WCPO-2020-0002 in your 
comments. All comments received will be posted without change to http://www.regulations.gov. Please do not include any personally identifiable 
or confidential business information you do not want publicly 
disclosed.

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:

I. Overview

    The BLBA provides benefits to coal miners who are totally disabled 
by pneumoconiosis (commonly known as black lung disease) and to certain 
of their survivors. The BLBA requires coal mine operators to secure the 
payment of benefits by either purchasing commercial insurance or 
obtaining the Department's authorization to self-insure those 
liabilities. 30 U.S.C. 933(a). Authorization to self-insure may be 
granted or denied at the Department's discretion. 20 CFR 726.101(a). 
When a self-insurer is unable (or unwilling) to meet its payment 
obligations, the Black Lung Disability Trust Fund (Trust Fund) makes 
those payments. Although the Trust Fund acts as a backstop, Congress 
intended ``to ensure that individual coal operators rather than the 
trust fund bear the liability for [black lung] claims arising out of 
such operators' mines to the maximum extent feasible.'' See Old Ben 
Coal Co. v. Luker, 826 F.2d 688, 693 (7th Cir. 1987) (quoting S. Rep. 
No. 209, 95th Cong., 1st Sess. 9 (1977), reprinted in House Comm. on 
Educ. and Labor, 96th Cong., Black Lung Benefits Reform Act and Black 
Lung Benefits Revenue Act of 1977, 612 (Comm. Print 1979)); 20 CFR 
725.1(e). To help ensure that self-insured operators' liabilities do 
not fall on the Trust Fund, OWCP created new forms CM-2017, CM-2017a, 
and CM-2017b and now seeks to update its process for evaluating the 
information collected through those forms to determine whether a coal 
mine operator should be allowed to self-insure and to determine the 
security amount each operator must provide to guarantee payment of 
current and future liabilities. OWCP has set forth the updated process 
in its preliminary bulletin titled ``DCMWC Self-Insurance Process 
Guidelines.'' OWCP now seeks public comment on the bulletin and the 
process discussed in the bulletin.

II. Bulletin Publication

    Out of an abundance of caution, OWCP is requesting comments on the 
bulletin and its underlying programmatic changes, in line with the 
requirements of the Department's PRO Good Guidance Rule, see 29 CFR 
part 89, and also because OWCP believes the public's input on the self-
insurance process could be very helpful to the program's 
administration. OWCP's request for comments is also consistent with the 
openness and transparency goals of the Department's guidance 
regulations; E.O. 13891, 84 FR 55235 (Oct. 15, 2019); and OMB's Final 
Bulletin for Agency Good Guidance Practices, 72 FR 3432 (Jan. 25, 
2007).

[[Page 1530]]

III. Internet Availability

    Persons with internet access may view the preliminary bulletin at 
https://www.dol.gov/sites/dolgov/files/OWCP/dcmwc/blba/indexes/BL21-01OCR.pdf or at http://www.regulations.gov. The relevant forms are 
available at: https://www.dol.gov/sites/dolgov/files/owcp/regs/compliance/cm-2017.pdf; https://www.dol.gov/sites/dolgov/files/owcp/regs/compliance/cm-2017a.pdf; https://www.dol.gov/sites/dolgov/files/owcp/regs/compliance/cm-2017b.pdf. Additional information about the 
programmatic changes are available on the OWCP website at: https://www.dol.gov/sites/dolgov/files/owcp/dcmwc/ActuarialAssumptions.pdf. 
Persons who do not have electronic access to the bulletin, forms, and 
other information may request a copy using the contact information 
above.

    Dated: January 4, 2021.
Julia K. Hearthway,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2021-00097 Filed 1-7-21; 8:45 am]
BILLING CODE 4510-CR-P