[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37284-37287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15029]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Parts 701, 702, 703, 725, and 726
RIN 1240-AA05
Technical Amendments
AGENCY: Office of Workers' Compensation Programs, Labor.
ACTION: Final rule.
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SUMMARY: The Office of Workers' Compensation Programs is making
[[Page 37285]]
technical amendments to reflect the dissolution of the Employment
Standards Administration and the Secretary's delegation of authority to
administer the Longshore and Harbor Workers' Compensation Act (and its
extensions) and the Black Lung Benefits Act to the Director, Office of
Workers' Compensation Programs. The amendments also add and update
Internet addresses, and update cross-references to other regulations.
DATES: Effective June 21, 2012.
FOR FURTHER INFORMATION CONTACT: Gary Steinberg, Acting Director,
Office of Workers' Compensation Programs, U.S. Department of Labor,
Room S-3524, 200 Constitution Avenue NW., Washington, DC 20210.
Telephone: (202) 693-0031 (this is not a toll-free number). TTY/TDD
callers may dial toll free 1-800-877-8339 for further information.
SUPPLEMENTARY INFORMATION:
I. Background of This Rulemaking
Prior to November 8, 2009, the Secretary of Labor had delegated her
statutory authority to administer the Longshore and Harbor Workers'
Compensation Act and its extensions (LHWCA) and the Black Lung Benefits
Act (BLBA) to the Assistant Secretary for the Employment Standards
Administration (ESA). Secretary's Order 13-71, 36 FR 8755 (May 12,
1971). The Assistant Secretary, in turn, delegated authority to
administer both programs to the Office of Workers' Compensation
Programs (OWCP), one of ESA's sub-agencies.
On November 8, 2009, the Secretary dissolved ESA into its
constituent components. See Secretary's Order 10-2009, 74 FR 58834
(Nov. 13, 2009). The Secretary then delegated her authority to
administer the LHWCA and the BLBA directly to the Director, OWCP. Id.
To reflect this transfer of administrative authority, the Secretary
issued a final rule changing the heading of 20 CFR chapter VI, which
contains regulations implementing the LHWCA and the BLBA, from
``Employment Standards Administration'' to ``Office of Workers'
Compensation Programs.'' 75 FR 63379 (Oct. 15, 2010).
Numerous references to ESA remain in the regulatory text published
in 20 CFR chapter VI. On January 18, 2011, the President issued
Executive Order 13563, 76 FR 3821, calling upon agencies to review
existing regulations and to revise outmoded provisions. In accordance
with the Executive Order, this rule updates the regulations to reflect
the Department's current organizational structure. The rule deletes all
references to ESA and ensures that the regulations, in all respects,
reflect that OWCP is the agency empowered to administer the LHWCA and
the BLBA. The revisions do not change any substantive rule governing
administration of these statutes.
ESA's dissolution has also necessitated revising several Internet
addresses in these regulations, which previously included references to
ESA in their URLs. This rule updates all Internet addresses in this
chapter. In addition, this rule updates cross-references to other
sections within Title 20 to correspond to changes in those other
sections.
II. Statutory Authority
Section 39(a) of the LHWCA (33 U.S.C. 939(a)) and sections 411(b),
422(a), and 426(a) of the BLBA (30 U.S.C. 921(b), 932(a), and 936(a))
authorize the Secretary of Labor to prescribe rules and regulations
necessary for the administration and enforcement of the LHWCA and the
BLBA.
III. Rulemaking Analyses
Administrative Procedure Act
The Department has not published a notice of proposed rulemaking
for this rule. Under Administrative Procedure Act (APA) section
553(b)(A), 5 U.S.C. 553(b)(A), the Department finds that this rule is
exempt from notice and comment rulemaking requirements because these
revisions involve rules of agency organization, procedure, or practice.
In addition, the Department finds good cause under APA section
553(b)(B), 5 U.S.C. 553(b)(B), to publish this rule without notice and
comment procedures because the rule only reflects the delegation of
administrative authority within the Department and makes minor clerical
updates, and does not alter any substantive standard. For these same
reasons, the Department finds that good cause exists for making the
rule effective upon publication under APA section 553(d)(3), 5 U.S.C.
553(d)(3).
Regulatory Flexibility Act
This rule is not subject to the regulatory flexibility provisions
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because it is
not subject to the APA's proposed rulemaking requirements.
Congressional Review Provisions of the Small Business Regulatory
Enforcement Fairness Act (SBREFA)
This rule is not classified as a ``rule'' under SBREFA, because it
is a rule pertaining to agency organization, procedure, or practice
that does not substantially affect the right of non-agency parties (see
5 U.S.C. 804(3)(C)).
Unfunded Mandates Reform Act
This rule is not subject to sections 202 or 205 of the Unfunded
Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.) because it is not
subject to the APA's proposed rulemaking requirements. In addition,
this action does not significantly or uniquely affect small governments
or impose a significant intergovernmental mandate as described in
sections 203 and 204 of the UMRA.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Executive Order 12866
This rule is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget
under Executive Order 12866 (58 FR 51735).
Executive Order 13132 (Federalism)
The Department has reviewed this rule in accordance with Executive
Order 13132 (64 FR 43255) regarding federalism, and has determined that
it does not have ``federalism implications.'' The rule will not ``have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform (61 FR 4729), to
minimize litigation, eliminate ambiguity, and reduce burden.
List of Subjects
20 CFR Part 701
Longshore and harbor workers, Organization and functions
(Government agencies), Workers' compensation.
20 CFR Part 702
Administrative practice and procedure, Claims, Health care, Health
professions, Longshore and harbor workers, Reporting and recordkeeping
requirements, Vocational rehabilitation, Whistleblowing, Workers'
compensation.
[[Page 37286]]
20 CFR Part 703
Insurance companies, Longshore and harbor workers, Reporting and
recordkeeping requirements, Workers' compensation.
20 CFR Part 725
Administrative practice and procedure, Black lung benefits, Claims,
Health care, Reporting and recordkeeping requirements, Vocational
rehabilitation, Workers' compensation.
20 CFR Part 726
Black lung benefits, Insurance companies, Reporting and
recordkeeping requirements, Workers' compensation.
For the reasons set forth in the preamble, amend 20 CFR parts 701,
702, 703, 725, and 726 as follows:
PART 701--GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF
TERMS
0
1. The authority citation for Part 701 is revised to read as follows:
Authority: 5 U.S.C. 301, 8171 et seq.; 33 U.S.C. 939; 36 D.C.
Code 501 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333;
Reorganization Plan No. 6 of 1950, 15 FR 3174, 3 CFR, 1949-1953
Comp., p. 1004, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR
58834.
0
2. In Sec. 701.301, remove and reserve paragraph (a)(3), and revise
the first sentence of paragraph (a)(5) to read as follows:
Sec. 701.301 Definitions and use of terms.
(a) * * *
(3) [Reserved]
(4) * * *
(5) Office of Workers' Compensation Programs or OWCP or the Office
means the Office of Workers' Compensation Programs, referred to in
Sec. 701.201. * * *
* * * * *
PART 702--ADMINISTRATION AND PROCEDURE
0
3. The authority citation for Part 702 is revised to read as follows:
Authority: 5 U.S.C. 301, 8171 et seq.; 33 U.S.C. 939; 36 D.C.
Code 501 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333;
Reorganization Plan No. 6 of 1950, 15 FR 3174, 3 CFR 1949-1953,
Comp., p. 1004, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR
58834.
0
4. Revise the second sentence of Sec. 702.413 to read as follows:
Sec. 702.413 Fees for medical services; prevailing community charges.
* * * Where a dispute arises concerning the amount of a medical
bill, the Director shall determine the prevailing community rate using
the OWCP Medical Fee Schedule (as described in 20 CFR 10.805 through
10.810) to the extent appropriate, and where not appropriate, may use
other state or federal fee schedules. * * *
0
5. Revise Sec. 702.414(a)(1)(iv) to read as follows:
Sec. 702.414 Fees for medical services; unresolved disputes on
prevailing charges.
(a) * * *
(1) * * *
(iv) the provider or service is not one covered by the OWCP fee
schedule as described by 20 CFR 10.805 through 10.810.
* * * * *
PART 703--INSURANCE REGULATIONS
0
6. The authority citation for Part 703 is revised to read as follows:
Authority: 5 U.S.C. 301, 8171 et seq.; 31 U.S.C. 9701; 33
U.S.C. 939; 36 D.C. Code 501 et seq.; 42 U.S.C. 1651 et seq.; 43
U.S.C. 1333; Reorganization Plan No. 6 of 1950, 15 FR 3174; 3 CFR,
1949-1953 Comp., p. 1004, 64 Stat. 1263; Secretary's Order 10-2009,
74 FR 58834.
0
7. Revise Sec. 703.2(b) to read as follows:
Sec. 703.2 Forms.
* * * * *
(b) Copies of the forms listed in this section are available for
public inspection at the Office of Workers' Compensation Programs, U.S.
Department of Labor, Washington, DC 20210. They may also be obtained
from OWCP district offices and on the Internet at http://www.dol.gov/owcp/dlhwc.
0
8. Revise the first sentence of Sec. 703.202(b) to read as follows:
Sec. 703.202 Identification of significant gaps in State guaranty
fund coverage for LHWCA obligations.
* * * * *
(b) OWCP will identify States without guaranty funds and States
with guaranty funds that do not fully and immediately secure LHWCA
obligations and will post its findings on the Internet at http://www.dol.gov/owcp/dlhwc. * * *
0
9. Revise Sec. 703.203(a)(1) to read as follows:
Sec. 703.203 Application for security deposit determination;
information to be submitted; other requirements.
(a) * * *
(1) Any carrier seeking an exemption from the security deposit
requirements based on its financial standing (see Sec. 703.204(c)(1))
must submit documentation establishing the carrier's current rating and
its rating for the immediately preceding year from each insurance
rating service designated by the Branch and posted on the Internet at
http://www.dol.gov/owcp/dlhwc.
* * * * *
0
10. Revise Sec. 703.204(c)(1) to read as follows:
Sec. 703.204 Decision on insurance carrier's application; minimum
amount of deposit.
* * * * *
(c) * * *
(1) Carriers who hold the highest rating awarded by each of the
three insurance rating services designated by the Branch and posted on
the Internet at http://www.dol.gov/owcp/dlhwc for both the current
rating year and the immediately preceding year will not be required to
deposit security.
* * * * *
PART 725--CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE
FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED
0
11. The authority citation for Part 725 is revised to read as follows:
Authority: 5 U.S.C. 301, Reorganization Plan No. 6 of 1950, 15
FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, 932, 936; 33 U.S.C. 901
et seq., 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.
0
12. Revise Sec. 725.101(a)(17) to read as follows:
Sec. 725.101 Definition and use of terms.
(a) * * *
(17) Division or DCMWC means the Division of Coal Mine Workers'
Compensation in the OWCP, United States Department of Labor.
* * * * *
PART 726--BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE
OPERATOR'S INSURANCE
0
13. The authority citation for Part 726 is revised to read as follows:
Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq., 902(f), 925,
932, 933, 934, 936; 33 U.S.C. 901 et seq.; Reorganization Plan No. 6
of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834.
0
14. Revise Sec. 726.6 to read as follows:
Sec. 726.6 The Office of Workers' Compensation Programs.
The Office of Workers' Compensation Programs (hereinafter the
Office or OWCP) is that division of the U.S. Department of Labor which
has been empowered by the Secretary of Labor to carry out his or her
functions under section 415 and part C of title IV of the Act. As noted
throughout this part 726
[[Page 37287]]
the Office shall perform a number of functions with respect to the
regulation of both the self-insurance and commercial insurance
programs. All correspondence with or submissions to the Office should
be addressed as follows: Division of Coal Mine Workers' Compensation,
Office of Workers' Compensation Programs, U.S. Department of Labor,
Washington, DC 20210.
0
15. Revise Sec. 726.301(a) to read as follows:
Sec. 726.301 Definitions.
* * * * *
(a) Division Director means the Director, Division of Coal Mine
Workers' Compensation, Office of Workers' Compensation Programs, or
such other official authorized by the Division Director to perform any
of the functions of the Division Director under this subpart.
* * * * *
0
16. Revise the second sentence of Sec. 726.307(a) to read as follows:
Sec. 726.307 Form of notice of contest and request for hearing.
(a) * * * The notice of contest shall be made in writing to the
Director, Division of Coal Mine Workers' Compensation, Office of
Workers' Compensation Programs, United States Department of Labor. * *
*
* * * * *
Signed at Washington, DC, this the 12th day of June 2012.
Gary Steinberg,
Acting Director, Office of Workers' Compensation Programs.
[FR Doc. 2012-15029 Filed 6-20-12; 8:45 am]
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