[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Rules and Regulations]
[Pages 63379-63380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25521]
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Rules and Regulations
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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 /
Rules and Regulations
[[Page 63379]]
DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Chapter VI
RIN 1290-AA24
Technical Amendment
AGENCY: Office of Workers' Compensation Programs, Labor.
ACTION: Final rule.
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SUMMARY: The Department of Labor is revising its regulations to reflect
the Secretary's delegation of authority to administer the Longshore and
Harbor Workers Compensation Act and its extensions (LHWCA) and the
Black Lung Benefits Act (BLBA) to the Director, Office of Workers'
Compensation Programs (OWCP). This authority previously resided with
the Employment Standards Administration (ESA), which has now been
dissolved.
DATES: Effective October 15, 2010.
FOR FURTHER INFORMATION CONTACT: Shelby Hallmark, Director, Office of
Workers' Compensation Programs, U.S. Department of Labor, Room S-3524,
200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202)
693-0031 (this is not a toll-free number). TTY/TDD callers may dial
toll free 1-800-877-8339 for further information.
SUPPLEMENTARY INFORMATION:
I. Background of This Rulemaking
Prior to November 8, 2009, the Secretary had delegated her
statutory authority to administer the LHWCA and the BLBA to the
Assistant Secretary for the Employment Standards Administration.
Secretary's Order 13-71, 36 FR 8755 (May 12, 1971). The Assistant
Secretary, in turn, delegated authority to administer both programs to
OWCP, one of ESA's sub-agencies.
On November 8, 2009, the Secretary dissolved ESA into its
constituent components. See Secretary's Order 10-2009, 74 FR 58834
(Nov. 13, 2009). The Secretary then delegated her authority to
administer the LHWCA and the BLBA directly to the Director, OWCP. Id.
The changes made by this rule simply reflect this administrative
reorganization and do not change any substantive rule governing
administration of these statutes.
II. Summary of the Rule
A. Revision of 20 CFR Chapter VI Heading
This rule revises the heading of 20 CFR chapter VI, which contains
regulations governing the administration of the LHWCA and the BLBA. (A
full list of citations for the statutes addressed by 20 CFR chapter VI
is set forth at 20 CFR 701.101.) The rule replaces the title
``Employment Standards Administration, Department of Labor'' with
``Office of Workers' Compensation Programs, Department of Labor.'' The
heading change reflects the abolition of ESA and the Secretary's
current delegation of administrative authority over the LHWCA and the
BLBA to OWCP.
B. Section 701.201 Office of Workers' Compensation Programs
This rule has been revised to remove references and cross-
references to the now-dissolved ESA and to clarify the Secretary's
delegation of authority for the administration of the LHWCA and the
BLBA to OWCP.
III. Statutory Authority
Section 39(a) of the LHWCA (33 U.S.C. 939(a)) and sections 411(b)
and 426(a) of the BLBA (30 U.S.C. 921(b) and 936(a)); 5 U.S.C. 301
(Departmental Regulations); 29 U.S.C. 551 et seq. (Establishment of
Department; Secretary; Seal); and Reorganization Plan No. 6 1950 (5
U.S.C. App. 1 Reorg. Plan 6 1950) authorize the Secretary of Labor to
prescribe rules and regulations necessary for the administration and
enforcement of the LHWCA and the BLBA.
IV. Rulemaking Analyses
Administrative Procedure Act
Section 553 of the Administrative Procedure Act (APA) exempts
``rules of agency organization, procedure, or practice'' from proposed
rulemaking (i.e., notice-and-comment rulemaking). 5 U.S.C.
553(b)(3)(A). Rules are also exempt when an agency finds ``good cause''
that notice and comment rulemaking procedures would be ``impracticable,
unnecessary, or contrary to the public interest.'' 5 U.S.C.
553(b)(3)(B). An agency may similarly make the rule effective upon
publication when it determines that delaying the effective date of the
rule, as normally required by 5 U.S.C. 553, is unnecessary and good
cause exists to make the rule effective immediately. 5 U.S.C.
553(d)(3).
Here, the Department has determined that this rulemaking meets the
notice-and-comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and
(b)(3)(B). The Department's revisions to the 20 CFR chapter VI heading
and Sec. 701.201 pertain solely to the delegation of administrative
authority within the Department, and do not alter any substantive
standard. The Department does not believe public comment is necessary
for these minor revisions. For these reasons, the Department also finds
that good cause exists under 5 U.S.C. 553(d)(3) to make the revisions
effective immediately upon publication in the Federal Register.
Regulatory Flexibility Act
Because the Department has concluded that this action is not
subject to the Administrative Procedure Act's proposed rulemaking
requirements, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
This action does not significantly or uniquely affect small
governments or impose a significant intergovernmental mandate (2 U.S.C.
1531 et seq.).
Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Executive Order 12866
This action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget
under Executive Order 12866 (58 FR 51735 (Oct. 4, 1993)).
[[Page 63380]]
Executive Order 13132 (Federalism)
The Department has reviewed this proposed rule in accordance with
Executive Order 13132 regarding federalism, and has determined that it
does not have ``federalism implications.'' The rule will not ``have
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.''
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
List of Subjects in 20 CFR Part 701
Longshore and harbor workers, Organization and functions
(government agencies), Workers' compensation.
0
Based on the authority and reasons set forth in the preamble, 20 CFR
chapter VI is amended to read as follows:
CHAPTER VI--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF
LABOR
0
1. Revise the chapter heading of 20 CFR chapter VI to read as shown
above.
PART 701--GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF
TERMS
0
2. The authority citation for part 701 is revised to read as follows:
Authority: 5 U.S.C. 301 and 8171 et seq.; 33 U.S.C. 939; 36
D.C. Code 501 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1331;
Reorganization Plan No. 6 of 1950, 15 FR 3174, 3 CFR, 1949-1953
Comp., p. 1004, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR
58834 (Nov. 13, 2009).
0
3. Revise Sec. 701.201 to read as follows:
Sec. 701.201 Office of Workers' Compensation Programs.
The Office of Workers' Compensation Programs is responsible for
administering the LHWCA and its extensions.
Signed at Washington, DC, this 5th day of October 2010.
Seth D. Harris,
Deputy Secretary.
[FR Doc. 2010-25521 Filed 10-14-10; 8:45 am]
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