[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8686-8687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02723]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

20 CFR Part 702

RIN 1240-AA13


Longshore and Harbor Workers' Compensation Act: Electronic 
Filing, Settlement, and Civil Money Penalty Procedures

AGENCY: Office of Workers' Compensation Programs, Labor.

ACTION: Withdrawal of direct final rule.

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SUMMARY: On December 14, 2020, the Office of Workers' Compensation 
Programs (OWCP) published a direct final rule in the Federal Register 
revising regulations governing electronic filing and settlements, and 
establishing new procedures for assessing and adjudicating penalties 
under the Longshore and Harbor Workers' Compensation Act (LHWCA). 
Consistent with the Presidential directive as expressed in the 
memorandum of January 20, 2021, from the Assistant to the President and 
Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' OWCP is 
withdrawing the direct final rule.

DATES: Effective February 9, 2021, the direct final rule published at 
85 FR 80601 on December 14, 2020, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Antonio Rios, Director, Division of 
Federal Employees', Longshore and Harbor Workers' Compensation, Office 
of Workers' Compensation Programs, (202)-693-0040, 
[email protected]. TTY/TDD callers may dial toll free 1-877-889-5627 
for further information.

SUPPLEMENTARY INFORMATION: On December 14, 2020, OWCP published a 
direct final rule entitled Longshore and Harbor Workers' Compensation 
Act: Electronic Filing, Settlement, and Civil Money Penalty Procedures, 
85 FR 80601. This rule would revise the LHWCA regulations governing 
electronic filing and settlements, and establish new procedures for 
assessing and adjudicating penalties under the LHWCA. The comment 
period for the rule expires on February 12, 2021, and the rule will 
become effective March 15, 2021, unless OWCP withdraws it prior to 
then. OWCP stated that it would withdraw the rule if it received 
significant adverse public comment on either the direct final rule or a 
simultaneously published companion notice of proposed rulemaking. See 
85 FR 80698 (Dec. 14, 2020).
    A new administration assumed office on January 20, 2021. On that 
same date, the Assistant to the President and Chief of Staff issued a 
memorandum entitled ``Regulatory Freeze Pending Review'' to the Heads 
of Executive Departments and Agencies. 86 FR 7424 (Jan. 28, 2021). The 
purpose of the memorandum was ``to ensure that the President's 
appointees or designees have the opportunity to review any new or 
pending rules.'' Id. The memorandum directs agencies to consider 
pausing or delaying certain regulatory actions for the purpose of 
reviewing questions of fact, law, and policy raised therein. OWCP 
believes that the most efficient way to implement the memorandum in 
this instance is to withdraw the rule rather than delay the effective 
date. The comment period is still open and if OWCP receives any 
significant adverse comment, it would have to withdraw the rule anyway. 
Withdrawing the rule will also give the new administration time to 
review the rule and consider the policies it implements. OWCP is 
simultaneously withdrawing the companion notice of proposed rulemaking. 
OWCP intends to offer the

[[Page 8687]]

public an opportunity to comment on the topics addressed at a later 
time.

0
Accordingly, the final rule amending 20 CFR part 702 published in the 
Federal Register on December 14, 2020 (85 FR 80601) are withdrawn as of 
February 9, 2021.

Christopher J. Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2021-02723 Filed 2-8-21; 8:45 am]
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