3338 Federal Register / Vol. 62, No. 14 / Wednesday, January 22, 1997 / Proposed Rules

DEPARTMENT OF LABOR the regulations’ language. Thus, the of the evidentiary record developed by Department proposes numerous changes the district director and the hearing Employment Standards Administration in order to streamline, update and testimony. See proposed §§ 725.414, clarify these program regulations. 725.456 and 725.457. 20 CFR Parts 718, 722, 725, 726 and This proposed procedure departs from 727 Summary of Noteworthy Proposed current practice by excluding the Changes RIN 1215±AA99 admission of most additional Evidentiary Development documentary evidence while a claim is pending before an administrative law Regulations implementing the Federal The proposed regulations contain a judge. Parties presently often reserve the Coal Mine Health and Safety Act of limitation on the amount of active development of medical evidence 1969, as Amended documentary medical evidence parties until a claim is referred for hearing. may submit. The designated responsible AGENCY: Employment Standards Permitting additional evidentiary coal mine operator or the Director, Administration, Labor. development before the administrative whichever party is liable, and the ACTION: Proposed rule. law judge was logical when significant claimant are limited in their affirmative delays occurred between the district SUMMARY: The Department of Labor presentations to two complete director’s decision and the hearing proposes to amend the regulations pulmonary evaluations or consultative before the administrative law judge. implementing the Black Lung Benefits reports a piece. Documentary rebuttal Such delays no longer occur in a Act. Most of the affected regulations evidence is limited to one interpretive statistically significant percentage of govern the processing and adjudication opinion with respect to each part of the claims. Consequently, the practical need of individual claims filed by former coal pulmonary evaluation submitted by a for permitting evidentiary development miners and their surviving dependents, party’s opponent. See proposed at the hearing stage has disappeared. including the medical criteria used to § 725.414. The Department believes that these adjudicate the entitlement of those who The Department proposes these proposed procedural changes requiring file claims and the criteria used to changes in order to ensure that evidentiary development before the determine which of the miner’s former eligibility determinations are based on district director will encourage prompt employers will be liable for the payment the best quality evidence submitted and complete evidentiary development of benefits. In addition, the Department rather than on the quantity of evidence at the earliest stages and will therefore proposes to eliminate outdated submitted by each side. Currently, in allow the Department to conduct a regulations setting forth criteria for establishing their eligibility to benefits, thorough and meaningful initial approving state workers’ compensation claimants must confront the vastly adjudication of each claim. The programs; to discontinue the annual superior economic resources of their Department believes that the fair, publication, in the Code of Federal adversaries: coal mine operators and efficient and expeditious adjudication of Regulations, of the interim criteria their insurance carriers. Often, these claims is a desirable objective which governing claims filed prior to April 1, parties generate medical evidence in can be promoted by limiting the amount 1980; and to revise the criteria such volume that it overwhelms the of medical evidence developed and governing the responsibility of coal evidence supporting entitlement that encouraging all parties to participate mine operators to secure the payment of claimants can procure. The proposed actively at the earliest stages of the benefits to their employees. changes limiting evidentiary process. development attempt to make more DATES: Comments must be submitted on