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)
Office of Workers' Compensation Programs
Federal Register Volume 80, Issue 159 (August 18, 2015)
| Page Range | 49945-49946 | |
| FR Document | 2015-20422 |
[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] ======================================================================= ----------------------------------------------------------------------- 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 DATES: Effective August 18, 2015, the notice of proposed rulemaking published on March 12, 2015 (80 FR 12957), is withdrawn.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
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking; withdrawal. | |
| Dates | Effective August 18, 2015, the notice of proposed rulemaking published on March 12, 2015 (80 FR 12957), is withdrawn. | |
| Contact | Antonio 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 Citation | 80 FR 49945 | |
| RIN Number | 1240-AA09 | |
| CFR Citation | 20
CFR
702 20 CFR 703 |
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