[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37284-37287]
From the Federal Register Online via the Government Publishing 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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