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DOL/OWCP

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amended the Black Lung Benefits Act, 30 U.S.C. 901-44, to reinstate two methods of establishing entitlement that were repealed with respect to claims filed after 1981.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
Legal Authority: 30 USC 936 30 USC 921

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/00/2012

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 Deputy Director, 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 Email: mcclaran.michael@dol.gov