These forms waive the requirement for
orders to be delivered by certified mail.
Emergency Justification:
In accordance with 5 CFR 1320.13, emergency processing of this
collection is requested and is essential to the mission of the
agency. OWCP is promulgating a direct final rule (DFR) that, inter
alia, would allow parties to waive their statutory right to receive
compensation orders by registered or certified mail and instead to
receive them by email. The waiver procedures outlined in the DFR
are completely voluntary but, if invoked, require a new information
collection request (ICR) for OWCP Form LS-801, Waiver of Service by
Registered or Certified Mail for Claimants and Authorized
Representatives, and OWCP Form LS-802, Waiver of Service by
Registered or Certified Mail for Employers and/or Insurance
Carriers. These waiver forms were created after consultation with
OWCP stakeholders and members of the public, were designed to
minimize the information collection burden, and only request
submission of the injured worker’s name, the OWCP-assigned claim
number, the submitter’s name, and the submitter’s email address.
Since the DFR will take effect 90 days after its publication normal
Paperwork Reduction Act clearance procedures for the ICR would be
precluded since there would be no initial opportunity for public
comments. Normal clearance procedures would delay implementation of
the DFR and the ability of parties to a LHWCA claim to avail
themselves of the waiver process. Information collection would also
be disrupted because OWCP would have a rule allowing the collection
with no mechanism to do so. OWCP therefore requests that an
immediate review and authorization of this collection be approved
for 180 days to implement the provisions outlined in the DFR. The
agency will subsequently follow up with normal processing
procedures to allow for the routine three year extension of this
collection.
US Code:
33
USC 919(e) Name of Law: Longshore and Harbor Workers'
Compensation Act
These are new forms. Use of the
Forms allows parties to receive compensation orders by email,
increasing delivery speed and potentially preventing
employers/carriers from incurring obligations to pay additional
compensation due to untimely timely payments.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.