[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Rules and Regulations]
[Pages 974-975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28619]



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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

20 CFR Part 10

RIN 1240-AA18


Claims for Compensation Under the Federal Employees' Compensation 
Act

AGENCY: Office of Workers' Compensation Programs, Department of Labor.

ACTION: Final rule.

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SUMMARY: The Office of Workers' Compensation Programs (OWCP) is 
publishing this final rule to adjust the amount of time a claimant has 
to provide additional information when the evidence that has been 
submitted by the claimant is insufficient to meet their burden of proof 
and OWCP needs additional information. This change implements a 
requirement of the James M. Inhofe National Defense Authorization Act 
for Fiscal Year 2023, which requires OWCP to increase the minimum 
amount of time allowed from 30 days to 60 days.

DATES: This final rule is effective March 7, 2023.

FOR FURTHER INFORMATION CONTACT: Antonio Rios, Director, Division of 
Federal Employees' and Longshore and Harbor Workers' Compensation, 
Office of Workers' Compensation Programs, by mail at U.S. Department of 
Labor, Room C-3154, U.S. Department of Labor, 200 Constitution Avenue 
NW, Washington, DC 20210; by email at [email protected]; or by 
telephone at 202-693-0040. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The Federal Employees' Compensation Act 
(FECA) provides compensation for wage loss, medical care, and 
vocational rehabilitation to Federal employees and certain other 
individuals who are injured in the performance of their duties, or who 
develop illnesses as a result of factors of their Federal employment.
    Under Public Law 117-263, Congress directed OWCP to update 20 CFR 
10.121 within 16 days of the law's enactment. Section 10.121 addresses 
situations when the evidence submitted by the claimant is insufficient 
to meet their burden of proof and OWCP needs additional information. 
Presently, it requires OWCP to give the claimant at least 30 days to 
submit the evidence required. At Congress' express direction, OWCP is 
changing this 30-day period to 60 days.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exception in 5 U.S.C. 
553(b)(B), in that seeking public comment is impracticable, 
unnecessary, and contrary to the public interest. Seeking public 
comment is unnecessary because the agency has no discretion to change 
the timeline for a claimant to submit additional evidence. In addition, 
given the 16-day deadline for amending the regulation that was 
prescribed by Congress, seeking prior public comment on this is 
impracticable and contrary to the public interest in the orderly 
promulgation and implementation of regulations.

Executive Order 12866

    This regulatory action does not constitute a ``significant'' rule 
within the meaning of Executive Order 12866 in that it only changes the 
timeline to submit additional evidence by 30 days.

Regulatory Flexibility Act of 1980

    An analysis under the Regulatory Flexibility Act of 1980, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (RFA), 5 U.S.C. 601-612, is not needed for this rule. The RFA 
imposes certain requirements on Federal agency rules that are subject 
to the notice and comment requirements of the APA, 5 U.S.C. 553(b). The 
Department is invoking the good cause exception to notice-and-comment 
procedures for this final rule. Accordingly, the Department is not 
required to either certify that the final rule would not have a 
significant economic impact on a substantial number of small entities 
or conduct a regulatory flexibility analysis.

Paperwork Reduction Act (PRA)

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the Department consider the impact of paperwork and other 
information collection burdens imposed on the public. The Department 
has determined that this final rule does not require any collection of 
information or alter any existing information collections.

Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    The Department has reviewed this proposed rule in accordance with 
the requirements of Exec. Order No. 13132, 64 FR 43,225 (Aug. 10, 
1999), and the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et 
seq., and has found no potential or 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. As there is no Federal mandate contained 
herein that could result in increased expenditures by State, local, or 
tribal governments or by the private sector, the Department has not 
prepared a budgetary impact statement.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    The Department has reviewed this proposed rule in accordance with 
Exec. Order 13,175, 65 FR 67249 (Nov. 9, 2000), and has determined that 
it does not have ``tribal implications.'' The proposed rule does not 
``have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes.''

Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    The Department has reviewed this proposed rule in accordance with 
Exec. Order 12630, 53 FR 8859 (Mar. 15, 1988), and has determined that 
it does not contain any ``policies that have takings implications'' in 
regard to the ``licensing, permitting, or other condition requirements 
or limitations on private property use, or that require dedications or 
exactions from owners of private property.''

Executive Order 13211: Energy Supply, Distribution, or Use

    The Department has reviewed this proposed regulation and has 
determined that the provisions of Exec. Order 13211, 66 FR 28355 (May 
18, 2001), are not applicable as there are no direct or implied effects 
on energy supply, distribution, or use.

The Privacy Act of 1974, 5 U.S.C. 552a, as Amended

    Claims filed under this regulation are subject to the current 
Privacy Act System of Records, DOL/GOVT-1, Office of Workers' 
Compensation Programs, Federal Employees' Compensation Act File, 67 FR 
16826 (April 8, 2002).

List of Subjects in 20 CFR Part 10

    Administrative practice and procedure, Federal Employees' 
Compensation Act, Federal employees, and other groups of employees and 
individuals who are injured or killed while performing their jobs.

    For the reasons discussed in the preamble, the Office of Workers'

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Compensation Programs amends 20 CFR part 10 as follows:

PART 10--CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' 
COMPENSATION ACT, AS AMENDED

0
1. The authority citation for part 10 is amended to read as follows: 5 
U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; 
Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary 
of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.


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2. Revise Sec.  10.121 to read as follows:


Sec.  10.121   What happens if OWCP needs more evidence from the 
claimant?

    If the claimant submits factual evidence, medical evidence, or 
both, but OWCP determines that this evidence is not sufficient to meet 
the burden of proof, OWCP will inform the claimant of the additional 
evidence needed. The claimant will be allowed at least 60 days to 
submit the evidence required. OWCP is not required to notify the 
claimant a second time if the evidence submitted in response to OWCP's 
first request for additional evidence is not sufficient to meet the 
burden of proof.

    Signed at Washington, DC, on December 30, 2022.
Christopher Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2022-28619 Filed 1-5-23; 8:45 am]
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