80_FR_50104 80 FR 49945 - Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information

80 FR 49945 - Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information

DEPARTMENT OF LABOR
Office of Workers' Compensation Programs

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range49945-49946
FR Document2015-20422

The Office of Workers' Compensation Programs (OWCP) published a notice of proposed rulemaking and companion direct final rule in the Federal Register on March 12, 2015, broadening the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other regarding claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions. The comment period closed on May 11, 2015. OWCP did not receive significant adverse comment and therefore the direct final rule took effect on June 10, 2015. For these reasons, OWCP is withdrawing the notice of proposed rulemaking.

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Proposed Rules]
[Pages 49945-49946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20422]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

20 CFR Parts 702 and 703

RIN 1240-AA09


Longshore and Harbor Workers' Compensation Act: Transmission of 
Documents and Information

AGENCY: Office of Workers' Compensation Programs, Labor.

ACTION: Notice of proposed rulemaking; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Office of Workers' Compensation Programs (OWCP) published 
a notice of proposed rulemaking and companion direct final rule in the 
Federal Register on March 12, 2015, broadening the acceptable methods 
by which claimants, employers, and insurers can communicate with OWCP 
and each other regarding claims arising under the Longshore and Harbor 
Workers' Compensation Act and its extensions. The comment period closed 
on May 11, 2015. OWCP did not receive significant adverse comment and 
therefore the direct final rule took effect on June 10, 2015. For these 
reasons, OWCP is withdrawing the notice of proposed rulemaking.

DATES: Effective August 18, 2015, the notice of proposed rulemaking 
published on March 12, 2015 (80 FR 12957), is withdrawn.

FOR FURTHER INFORMATION CONTACT: Antonio Rios, Director, Division of 
Longshore and Harbor Workers' Compensation, Office of Workers' 
Compensation Programs, U.S.

[[Page 49946]]

Department of Labor, Suite C-4319, 200 Constitution Avenue NW., 
Washington, DC 20210. Telephone: (202) 693-0038 (this is not a toll-
free number). TTY/TDD callers may dial toll-free 1-877-889-5627 for 
further information.

SUPPLEMENTARY INFORMATION: On March 12, 2015, OWCP published a notice 
of proposed rulemaking revising 20 CFR parts 702 and 703 to broaden the 
acceptable methods by which claimants, employers, and insurers can 
communicate with OWCP and each other regarding claims arising under the 
Longshore and Harbor Workers' Compensation Act and its extensions. (80 
FR 12957). On the same date, OWCP published a direct final rule 
containing identical revisions because it believed that the proposed 
revisions were non-controversial and unlikely to generate significant 
adverse comment. (80 FR 12917). OWCP indicated that if it did not 
receive any significant adverse comments on either rule by May 11, 
2015, the direct final rule would take effect and there would be no 
further need to proceed with the notice of proposed rulemaking. (See 80 
FR 12918, 12957-58).
    OWCP received two public comments that were not significant adverse 
comments. One expressed support for the proposed rule and the other did 
not substantively address the rule. Because OWCP did not receive any 
significant adverse comments within the specified comment period, it is 
withdrawing the notice of proposed rulemaking with this notice. For the 
same reason, OWCP is also confirming that the direct final rule took 
effect on June 10, 2015.

    Signed at Washington, DC, this 11th day of August, 2015.
Leonard J. Howie III,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2015-20422 Filed 8-17-15; 8:45 am]
 BILLING CODE 4510-CR-P



                                                                             Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules                                                49945

                                                      processed as defined in FMVSS                           unoccupied seats may have an active                   deployment) is a major-failure
                                                      571.214.                                                airbag system.                                        condition.
                                                         2.4. Pelvic: The pubic symphysis                        5. The design must prevent the airbag                 15. The inflatable material may not
                                                      force measured by the ES–2re ATD must                   systems from being either incorrectly                 have an average burn rate of greater than
                                                      not exceed 1,350 lbs (6,000 N). Data                    buckled or incorrectly installed, such                2.5 inches/minute when tested using the
                                                      must be processed as defined in FMVSS                   that the airbag systems would not                     horizontal flammability test defined in
                                                      571.214.                                                properly deploy. Alternatively, it must               14 CFR part 25, appendix F, part I,
                                                         2.5. Leg: Axial rotation of the upper                be shown that such deployment is not                  paragraph (b)(5).
                                                      leg (femur) must be limited to 35                       hazardous to the occupant and will                       16. The airbag system, once deployed,
                                                      degrees in either direction from the                    provide the required injury protection.               must not adversely affect the emergency
                                                      nominal seated position.                                   6. It must be shown that the airbag                lighting system (e.g., block floor
                                                         2.6. Neck: As measured by the ES–2re                 system is not susceptible to inadvertent              proximity lights to the extent that the
                                                      ATD and filtered at CFC 600 as defined                  deployment as a result of wear and tear,              lights no longer meet their intended
                                                      in SAE J211:                                            or inertial loads resulting from in-flight            function).
                                                         2.6.1. The upper-neck tension force at               or ground maneuvers (including gusts                     Issued in Renton, Washington, on August
                                                      the occipital condyle (O.C.) location                   and hard landings), and other operating               5, 2015.
                                                      must be less than 405 lb (1,800 N).                     and environment conditions (vibrations,               Michael Kaszycki,
                                                         2.6.2. The upper-neck compression                    moisture, etc.) likely to occur in service.           Acting Manager, Transport Airplane
                                                      force at the O.C. location must be less                    7. Deployment of the airbag system                 Directorate, Aircraft Certification Service.
                                                      than 405 lb (1,800 N).                                  must not introduce injury mechanisms
                                                                                                                                                                    [FR Doc. 2015–20300 Filed 8–17–15; 8:45 am]
                                                         2.6.3. The upper-neck bending torque                 to the seated occupant, nor result in
                                                                                                                                                                    BILLING CODE 4910–13–P
                                                      about the ATD x-axis at the O.C.                        injuries that could impede rapid egress.
                                                      location must be less than 1,018 in.-lb                 This assessment should include an
                                                      (115 N-m).                                              occupant whose restraint is loosely
                                                         2.6.4. The upper-neck resultant shear                fastened.                                             DEPARTMENT OF LABOR
                                                      force at the O.C. location must be less                    8. It must be shown that inadvertent
                                                      than 186 lb (825 N).                                    deployment of the airbag system, during               Office of Workers’ Compensation
                                                         2.7. Occupant (ES–2re ATD)                           the most critical part of the flight, will            Programs
                                                      retention: The pelvic restraint must                    either meet the requirement of
                                                      remain on the ES–2re ATD’s pelvis                       § 25.1309(b) or not cause a hazard to the             20 CFR Parts 702 and 703
                                                      during the impact and rebound phases                    airplane or its occupants.                            RIN 1240–AA09
                                                      of the test. The upper-torso restraint                     9. It must be shown that the airbag
                                                      straps (if present) must remain on the                  system will not impede rapid egress of                Longshore and Harbor Workers’
                                                      ATD’s shoulder during the impact.                       occupants 10 seconds after airbag                     Compensation Act: Transmission of
                                                         2.8. Occupant (ES–2re ATD) support:                  deployment.                                           Documents and Information
                                                         2.8.1. Pelvis excursion: The load-                      10. The airbag systems must be
                                                                                                                                                                    AGENCY: Office of Workers’
                                                      bearing portion of the bottom of the                    protected from lightning and high-
                                                                                                                                                                    Compensation Programs, Labor.
                                                      ATD pelvis must not translate beyond                    intensity radiated fields (HIRF). The
                                                      the edges of its seat’s bottom seat-                                                                          ACTION: Notice of proposed rulemaking;
                                                                                                              threats to the airplane specified in
                                                      cushion supporting structure.                           existing regulations regarding lighting,              withdrawal.
                                                         2.8.2. Upper-torso support: The lateral              § 25.1316, and HIRF, § 25.1317 apply to               SUMMARY:   The Office of Workers’
                                                      flexion of the ATD torso must not                       these special conditions for the purpose              Compensation Programs (OWCP)
                                                      exceed 40 degrees from the normal                       of measuring lightning and HIRF                       published a notice of proposed
                                                      upright position during the impact.                     protection.                                           rulemaking and companion direct final
                                                         3. For seats with an airbag system,                     11. The airbag system must function                rule in the Federal Register on March
                                                      show that the airbag system will deploy                 properly after loss of normal airplane                12, 2015, broadening the acceptable
                                                      and provide protection under crash                      electrical power, and after a transverse              methods by which claimants,
                                                      conditions where it is necessary to                     separation of the fuselage at the most                employers, and insurers can
                                                      prevent serious injury. The means of                    critical location. A separation at the                communicate with OWCP and each
                                                      protection must take into consideration                 location of the airbag systems does not               other regarding claims arising under the
                                                      a range of stature from a 2-year-old child              have to be considered.                                Longshore and Harbor Workers’
                                                      to 95th percentile male. The airbag                        12. It must be shown that the airbag               Compensation Act and its extensions.
                                                      system must provide a consistent                        system will not release hazardous                     The comment period closed on May 11,
                                                      approach to energy absorption                           quantities of gas or particulate matter               2015. OWCP did not receive significant
                                                      throughout that range of occupants.                     into the cabin.                                       adverse comment and therefore the
                                                      When the seat systems include airbag                       13. The airbag system installations
                                                                                                                                                                    direct final rule took effect on June 10,
                                                      systems, the systems must be included                   must be protected from the effects of fire
                                                                                                                                                                    2015. For these reasons, OWCP is
                                                      in each of the certification tests as they              such that no hazard to occupants will
                                                                                                                                                                    withdrawing the notice of proposed
                                                      would be installed in the airplane. In                  result.
                                                                                                                 14. A means must be available for a                rulemaking.
                                                      addition, the following situations must
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      be considered:                                          crew member to verify the integrity of                DATES: Effective August 18, 2015, the
                                                         3.1. The seat occupant is holding an                 the airbag system’s activation system                 notice of proposed rulemaking
                                                      infant.                                                 prior to each flight, or it must be                   published on March 12, 2015 (80 FR
                                                         3.2. The seat occupant is a pregnant                 demonstrated to reliably operate                      12957), is withdrawn.
                                                      woman.                                                  between inspection intervals. The FAA                 FOR FURTHER INFORMATION CONTACT:
                                                         4. The airbag systems must provide                   considers that the loss of the airbag-                Antonio Rios, Director, Division of
                                                      adequate protection for each occupant                   system deployment function alone (i.e.,               Longshore and Harbor Workers’
                                                      regardless of the number of occupants of                independent of the conditional event                  Compensation, Office of Workers’
                                                      the seat assembly, considering that                     that requires the airbag-system                       Compensation Programs, U.S.


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                                                      49946                  Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules

                                                      Department of Labor, Suite C–4319, 200                  SUMMARY:   The Tribally Controlled                    II. Purpose of Today’s Proposed Rule
                                                      Constitution Avenue NW., Washington,                    Colleges and Universities Assistance                  III. Summary of Today’s Proposed Rule
                                                      DC 20210. Telephone: (202) 693–0038                     Act of 1978, as amended (TCCUA),                      IV. Tribal Consultation Sessions
                                                                                                                                                                    V. Procedural Requirements
                                                      (this is not a toll-free number). TTY/                  authorizes Federal assistance to
                                                                                                                                                                       A. Regulatory Planning and Review (E.O.
                                                      TDD callers may dial toll-free 1–877–                   institutions of higher education that are                   12866)
                                                      889–5627 for further information.                       formally controlled or have been                         B. Regulatory Flexibility Act
                                                      SUPPLEMENTARY INFORMATION: On March                     formally sanctioned or chartered by the                  C. Small Business Regulatory Enforcement
                                                      12, 2015, OWCP published a notice of                    governing body of an Indian tribe or                        Fairness Act
                                                      proposed rulemaking revising 20 CFR                     tribes. Passed at the same time as the                   D. Unfunded Mandates Reform Act
                                                      parts 702 and 703 to broaden the                        TCCUA, the Navajo Community College                      E. Takings (E.O. 12630)
                                                                                                              Assistance Act of 1978, as amended                       F. Federalism (E.O. 13132)
                                                      acceptable methods by which claimants,
                                                                                                              (NCCA) authorizes Federal assistance to                  G. Civil Justice Reform (E.O. 12988)
                                                      employers, and insurers can                                                                                      H. Consultation With Indian Tribes (E.O.
                                                      communicate with OWCP and each                          the Navajo Nation in construction,                          13175)
                                                      other regarding claims arising under the                maintenance, and operation of Diné                      I. Paperwork Reduction Act
                                                      Longshore and Harbor Workers’                           College. This proposed rule would                        J. National Environmental Policy Act
                                                      Compensation Act and its extensions.                    update the TCCUA’s implementing                          K. Information Quality Act
                                                      (80 FR 12957). On the same date, OWCP                   regulations in light of amendments to                    L. Effects on the Energy Supply (E.O.
                                                      published a direct final rule containing                the TCCUA in 1983, 1986, 1998 and                           13211)
                                                      identical revisions because it believed                 2008 and the NCCA’s implementing                         M. Clarity of This Regulation
                                                                                                              regulations in light of amendments to                    N. Public Availability of Comments
                                                      that the proposed revisions were non-
                                                      controversial and unlikely to generate                  the NCCA in 2008.                                     I. Background
                                                      significant adverse comment. (80 FR                     DATES: Please submit written comments
                                                                                                                                                                       The TCCUA authorizes grants for
                                                      12917). OWCP indicated that if it did                   by October 19, 2015. See Section IV of                operating and improving tribally
                                                      not receive any significant adverse                     SUPPLEMENTARY INFORMATION for
                                                                                                                                                                    controlled colleges and universities to
                                                      comments on either rule by May 11,                      information on tribal consultation                    insure [sic] continued and expanded
                                                      2015, the direct final rule would take                  sessions.                                             educational opportunities for Indian
                                                      effect and there would be no further                    ADDRESSES:   You may submit comments                  students and to allow for the
                                                      need to proceed with the notice of                      by any of the following methods:                      improvement and expansion of the
                                                      proposed rulemaking. (See 80 FR 12918,                                                                        physical resources of such institutions.
                                                                                                              —Federal rulemaking portal: http://
                                                      12957–58).                                                                                                    See, 25 U.S.C. 1801 et seq. The TCCUA
                                                         OWCP received two public comments                      www.regulations.gov. The rule is
                                                                                                                listed under the agency name ‘‘Bureau               also authorizes grants for the
                                                      that were not significant adverse                                                                             encouragement of endowment funds for
                                                      comments. One expressed support for                       of Indian Affairs.’’ The rule has been
                                                                                                                assigned Docket ID: BIA–2011–0002.                  the operation and improvement of
                                                      the proposed rule and the other did not                                                                       tribally controlled colleges and
                                                      substantively address the rule. Because                   If you would like to submit comments
                                                                                                                through the Federal e-Rulemaking                    universities. The NCCA authorizes
                                                      OWCP did not receive any significant                                                                          grants to the Navajo Nation to assist in
                                                      adverse comments within the specified                     Portal, go to www.regulations.gov and
                                                                                                                follow the instructions.                            the construction, maintenance, and
                                                      comment period, it is withdrawing the                                                                         operation of Diné College. See 25 U.S.C.
                                                                                                              —Email: Ms.Juanita.Mendoza@bie.edu.
                                                      notice of proposed rulemaking with this                                                                       640a et seq.
                                                                                                                Include the number 1076–AF08 in the
                                                      notice. For the same reason, OWCP is                                                                             In 1968, the Navajo Nation created the
                                                                                                                subject line of the message.
                                                      also confirming that the direct final rule                                                                    first tribally controlled college, now
                                                                                                              —Fax: (202) 208–3312. Include the
                                                      took effect on June 10, 2015.                                                                                 called Diné College—and other tribal
                                                                                                                number 1076–AF08 in the subject line
                                                        Signed at Washington, DC, this 11th day of              of the message.                                     colleges quickly followed in California,
                                                      August, 2015.                                           —Mail or hand delivery: Ms. Juanita                   North Dakota, and South Dakota. Today,
                                                      Leonard J. Howie III,                                     Mendoza, Acting Chief of Staff,                     there are 37 tribally controlled colleges
                                                      Director, Office of Workers’ Compensation                 Bureau of Indian Education, 1849 C                  in 17 states. The tribally controlled
                                                      Programs.                                                 Street NW., MIB—Mail Stop 4657,                     institutions were chartered by one or
                                                      [FR Doc. 2015–20422 Filed 8–17–15; 8:45 am]               Washington, DC 20240. Include the                   more tribes and are locally managed.
                                                      BILLING CODE 4510–CR–P                                    number 1076–AF08 in the subject line                   Tribally controlled colleges generally
                                                                                                                of the message.                                     serve geographically isolated
                                                                                                                We cannot ensure that comments                      populations. In a relatively brief period
                                                      DEPARTMENT OF THE INTERIOR                              received after the close of the comment               of time, they have become essential to
                                                                                                              period (see DATES) will be included in                educational opportunity for American
                                                      Bureau of Indian Affairs                                the docket for this rulemaking and                    Indian students. Tribally controlled
                                                                                                              considered. Comments sent to an                       colleges are unique institutions that
                                                      25 CFR Part 41                                          address other than those listed above                 combine personal attention with
                                                                                                              will not be included in the docket for                cultural relevance, in such a way as to
                                                      [156A2100DD/AAKC001030/
                                                                                                              this rulemaking.                                      encourage American Indians—
                                                      A0A501010.999900 253G] [Docket ID: BIA–
                                                                                                                                                                    especially those living on reservations—
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      2011–0002]                                                See Section IV of SUPPLEMENTARY
                                                                                                              INFORMATION for information on tribal                 to overcome barriers to higher
                                                      RIN 1076–AF08                                                                                                 education.
                                                                                                              consultation sessions.
                                                      Grants to Tribally Controlled Colleges                  FOR FURTHER INFORMATION CONTACT: Ms.                  II. Purpose of the Proposed Rule
                                                      and Universities and Diné College                      Juanita Mendoza, Acting Chief of Staff,                  The regulations at 25 CFR part 41
                                                                                                              Bureau of Indian Education (202) 208–                 were originally published in 1979. See,
                                                      AGENCY:   Bureau of Indian Affairs,                     3559.
                                                      Interior.                                                                                                     44 FR 67042 dated November 21, 1979.
                                                                                                              SUPPLEMENTARY INFORMATION:                            Since the Tribally Controlled
                                                      ACTION: Proposed rule.
                                                                                                              I. Background                                         Community College Assistance Act of


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Document Created: 2015-12-15 12:05:24
Document Modified: 2015-12-15 12:05:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking; withdrawal.
DatesEffective August 18, 2015, the notice of proposed rulemaking published on March 12, 2015 (80 FR 12957), is withdrawn.
ContactAntonio Rios, Director, Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Suite C-4319, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: (202) 693-0038 (this is not a toll- free number). TTY/TDD callers may dial toll-free 1-877-889-5627 for further information.
FR Citation80 FR 49945 
RIN Number1240-AA09
CFR Citation20 CFR 702
20 CFR 703

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