[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66210-66212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23802]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs


Agency Information Collection Activities; Comment Request; 
Request for Intervention

ACTION: Notice.

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AGENCY: Division of Federal Employees', Longshore and Harbor Workers' 
Compensation, Office of Workers' Compensation Programs, Labor.
SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension for the authority to conduct the 
information collection request (ICR) titled, ``Request for Intervention 
'' This comment request is part of continuing Departmental efforts to 
reduce paperwork and respondent burden in accordance with the Paperwork 
Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
January 3, 2023.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained for free by 
contacting Anjanette Suggs by telephone at 202-354-9660 or by email at 
[email protected].
    Submit written comments about this ICR by mail or courier to the 
U.S. Department of Labor, Office of Workers' Compensation Programs, 
Room S3323, 200 Constitution Avenue NW, Washington, DC 20210; or by 
email at [email protected]. Please note that comments submitted 
after the comment period will not be considered.

FOR FURTHER INFORMATION CONTACT: Anjanette Suggs by telephone at 202-
354-9660 or by email at [email protected].

SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the OMB for final approval. This 
program helps to ensure requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements can be properly assessed.
    The Office of Workers' Compensation Programs administers the 
Longshore and Harbor Workers' Compensation Act. The Act provides 
benefits to workers injured in maritime employment on the navigable 
waters of the United States or in an adjoining area customarily used by 
an employer in loading, unloading, repairing, or building a vessel. In 
addition, several acts extend the Longshore Act's coverage to certain 
other employees.
    The Longshore and Harbor Workers' Compensation Act (LHWCA), at 
39(a) generally authorizes the Secretary of Labor to prescribe rules 
and regulations to implement the Act. See 33 U.S.C. 939(a).

Attorney Fee Approval Request (LS-4)

    When an attorney successfully obtains benefits for the injured 
worker or

[[Page 66211]]

survivor, he or she may be entitled to a fee. See 33 U.S.C. 928; 20 CFR 
702.132. In certain circumstances, the Act shifts payment of the 
attorney's fee to the employer (or its insurance carrier). 20 CFR 
702.134. The appropriate adjudicator--an OWCP District Director, an 
Administrative Law Judge, the Benefits Review Board or a court--must 
approve the fee. The District Director rules on attorney fees for 
services rendered while the case is pending before him or her. 20 CFR 
702.132. See 20 CFR 702.134.
    The attorney requesting the District Director's approval must file 
an itemized fee petition for services performed at the OWCP level. To 
identify and timely respond to the requests, OWCP is requiring 
attorneys to submit Form LS-4, Attorney Fee Approval Request. Using 
this form will speed the processing of attorney fee requests and the 
payment of such fees.

Application for Special Fund Relief (LS-5)

    Under section 8(f) of the Act, 33 U.S.C. 908(f), if a pre-existing 
disability contributes to a disability or impairment from a subsequent 
work-related injury, the employer is liable for only the first 104 
weeks of permanent disability compensation and the Longshore Special 
Fund (see generally 33 U.S.C. 944) is liable thereafter. See also 20 
CFR 702.321. Hearing loss claims are different in that the Special Fund 
pays for the pre-existing hearing loss and the employer for the added 
hearing loss. An employer/carrier must submit a request for section 
8(f) relief from compensation payments to OWCP; relief may be granted 
by an OWCP District Director or an Administrative Law Judge.
    To identify and timely respond to requests under section 8(f), OWCP 
is requiring employers/carriers to submit Form LS-5, Application for 
Special Fund Relief. Form LS-5 reflects the application requirements 
codified at 20 CFR 702.321.

Commutation Application (LS-6)

    When compensation under the LHWCA or the Defense Base Act (DBA), an 
extension of the LHWCA, is payable to certain aliens who are not 
residents (or about to become nonresidents) of the United States or 
Canada, the OWCP Director may commute future periodic payments and 
require payment equal to one-half of the commuted amount. See 33 U.S.C. 
909(g); 42 U.S.C. 1652; 20 CFR 702.142; 20 CFR 704.102. The Director 
may commute compensation payments at his or her option, and must 
commute them upon the application of the employer or insurance carrier.
    In response to its LHWCA and DBA stakeholders and to facilitate the 
commutation of payments to injured workers and the beneficiaries of 
deceased workers, OWCP is requiring employers and carriers to file Form 
LS-6 to request commutation.

Request for Intervention (LS-7)

    Title 20 CFR 702.311 empowers the District Directors to resolve 
disputes with respect to claims in a manner designed to protect the 
rights of the parties and to resolve such disputes at the earliest 
practicable date. See 33 U.S.C. 923(a); 20 CFR 702.301 (``the district 
directors are empowered to amicably and promptly resolve such problems 
by informal procedures''). In some cases, the best resolution method is 
an informal conference. See 20 CFR 702.312-702.316 (establishing 
guidelines for conducting informal conferences).
    Usually one of the parties requests an intervention or informal 
conference to assist with dispute resolution. Prior to scheduling an 
informal conference, the issues in dispute must be established and the 
District Director, or designee, must determine whether the type of 
intervention requested is the most effective means for resolving the 
disputed issues. The Form LS-7, Request for Intervention, will be used 
for that purpose.

Settlement Application Section 8(i) (LS-8)

    LHWCA section 8(i), 33 U.S.C. 908(i), allows the parties to settle 
claims for compensation and/or medical benefits. A Settlement 
Application is time-sensitive because once the parties submit a 
settlement application, the District Director or Administrative Law 
Judge within thirty days must determine whether the settlement is 
adequate under the Act and regulations and, if so, issue a Compensation 
Order approving the settlement application in response.
    To facilitate prompt processing of settlement applications, OWCP is 
requiring the parties to use Form LS-8 which outlines the terms of the 
settlement and provides the information required to determine the 
adequacy of the settlement proposal by the regulations. Title 20 CFR 
702.242-702.243 authorizes this information collection.

Stipulation Approval Request (LS-9)

    The regulations empower District Directors to resolve claims 
amicably and promptly, and issue formal compensation orders when the 
parties reach agreement on issues. See 20 CFR 702.301, 702.311, 
702.315(a). To meet these goals, the District Director may issue an 
Order Approving Stipulations agreed to by all parties.
    To facilitate prompt processing of requests to approve 
stipulations, OWCP is requiring the parties to use Form LS-9. The 
parties must attach the signed joint stipulations they wish to have 
approved. OWCP will prioritize handling of LS-9 forms.
    This information collection is currently approved for use through 
March 31, 2023. Legal authority for this information collection is 
found at 33 U.S.C. 939(a). Regulatory authority is found at 20 CFR 
702.132, 702.134, 702.321, 702.142, 704.102, 702.301, 702.312-702.316, 
702.242-702.243, 702.301, 702.311 and 702.315(a).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB under the PRA approves it and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Written comments will receive 
consideration, and summarized and included in the request for OMB 
approval of the final ICR. In order to help ensure appropriate 
consideration, comments should mention OMB No. 1240-0058.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    The DOL is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility.
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected; and

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     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: DOL-Office of Workers' Compensation Programs, DFELHWC.
    Type of Review: Extension of currently approved collection.
    Title of Collection: Request for Intervention, Longshore and Harbor 
Workers' Compensation Act.
    Form: LS-4, Attorney Fee Approval Request, LS-5 Application for 
Special Fund Relief, LS-6 Commutation, LS-7 Request for Intervention, 
LS-8 Settlement Application Section, LS-9 Stipulation Approval Request 
by Registered or Certified Mail for Employers and/or Insurance 
Carriers, Attorney Fee Approval Request, Application for Special Fund 
Relief, Commutation Application, Request for Intervention, Settlement 
Application Section, and the Stipulation Approval Request by Registered 
or Certified Mail for Claimants and Authorized Representatives.
    OMB Control Number: 1240-0058.
    Affected Public: Private Sector, Individuals and Households.
    Estimated Number of Respondents: 12,414.
    Frequency: On occasion.
    Total Estimated Annual Responses: 12,414.
    Estimated Average Time per Response: 5 minutes.
    Estimated Total Annual Burden Hours: 3189 hours.
    Total Estimated Annual Other Cost Burden: $56,017.

(Authority: 44 U.S.C. 3506(c)(2)(A))

Anjanette Suggs,
Agency Clearance Officer.
[FR Doc. 2022-23802 Filed 11-1-22; 8:45 am]
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