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RIN: 1240-AA04

Publication ID: Fall 2010

Title: Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors Entitlement to Benefits

Abstract: The Patient Protection and Affordable Care Act (PPACA) of 2010 amended the Black Lung Benefits Act, 30 U.S.C. 901-44, to reinstate two methods of establishing entitlement that were repealed with respect to claims filed after 1981. Specifically, the PPACA reinstated 30 U.S.C. 921(c)(4)(presumption of total disability or death due to pneumoconiosis arising out of coal mine employment where the miner had 15 years of coal mine employment and proof of total disability) and 30 U.S.C. 932(l) (automatic entitlement to benefits for eligible survivors of miners who were awarded benefits based on lifetime claims). The newly amended statutory provisions apply to claims filed after January 1, 2005. The Department anticipates proposing rules that define the class of claims affected by the amendments and set the criteria for establishing entitlement to benefits under the amendments.

Agency: Department of Labor(DOL)

Priority: Other Significant

RIN Status: First time published in the Unified Agenda

Agenda Stage of Rulemaking: Long-Term Actions

Major: No

Unfunded Mandates: No

CFR Citation: 20 CFR 718; 20 CFR 725 (To search for a specific CFR, visit the Code of Federal Regulations.)

Legal Authority: 30 USC 936; 30 USC 921

Legal Deadline: None




FR Cite




Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism: No

Included in the Regulatory Plan: No

RIN Data Printed in the FR: No

Agency Contact:
Michael McClaran
Chief, Branch of Standards, Regulations, and Procedures, Division of Coal Mine Workers' Compensation
Department of Labor
Office of Workers' Compensation Program
200 Constitution Avenue NW., Suite N-3464,
Washington, DC 20210
Phone:202 693-0978
Fax:202 693-1395