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[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Proposed Rules]
[Pages 2644-2645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00376]

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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

20 CFR Part 702

RIN 1240-AA17

Longshore and Harbor Workers' Compensation Act: Civil Money 
Penalties Procedures; Withdrawal

AGENCY: Office of Workers' Compensation Programs, Labor.

ACTION: Withdrawal of notice of proposed rulemaking.

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SUMMARY: The Office of Workers' Compensation Programs (OWCP) is 
withdrawing its Notice of Proposed Rulemaking (NPRM) that proposed new 
procedures for assessing and adjudicating penalties under the Longshore 
and Harbor Workers' Compensation Act (LHWCA).

DATES: The withdrawal is effective January 13, 2025.

FOR FURTHER INFORMATION CONTACT: Stephanie S. Brown, Acting Director, 
Division of Longshore and Harbor Workers' Compensation, Office of 
Workers' Compensation Programs, (562)-256-3190, 
[email protected]. TTY/TDD callers may dial toll free 1-877-
889-5627 for further information.

SUPPLEMENTARY INFORMATION:

Summary of the Notice of Proposed Rulemaking

    On September 12, 2023, OWCP published a notice of proposed 
rulemaking, Longshore and Harbor

[[Page 2645]]

Workers' Compensation Act: Civil Money Penalties Procedures, 88 FR 
62480 (Sept. 12, 2023). This rule would establish new procedures for 
assessing and adjudicating penalties under the LHWCA. See 33 U.S.C. 
901-50. The rule also would set forth the procedures to contest OWCP's 
penalty determinations. The comment period for this notice of proposed 
rulemaking expired on November 13, 2023.

Summary of Comments

    The Department received six comments on the proposed regulations. 
The commenters represented a number of stakeholders from the private 
sector, including group self-insurance entities, industry associations, 
and a business advocacy organization.

Rationale for Withdrawal

    OWCP has considered the detailed feedback, analysis, and dialogue 
that the publication of the NPRM produced. OWCP continues to believe 
that there is a need for a more defined and transparent process for 
imposing and adjudicating penalties.
    Given the range of feedback received and the need for additional 
examination and input, however, OWCP believes that, before proceeding 
with this rulemaking, it would benefit from more outreach and dialogue 
with interested parties and the regulated community, which it cannot 
complete in the near future with its limited time and resources. In 
addition, many aspects of the proposed rule and the penalty process are 
closely connected to OWCP's information technology modernization 
project and cannot move forward until that project is completed. 
Therefore, OWCP is withdrawing this proposed rule.

Conclusion

    By withdrawing the proposed rule, OWCP is eliminating the pending 
nature of this rulemaking. OWCP intends to engage with all interested 
parties to discuss and consider future revision to the penalties 
procedures, as well as impacts on the stakeholders. If OWCP decides to 
establish new procedures for the imposition and adjudication of civil 
money penalties prescribed by the LHWCA, it will issue a new NPRM in 
the Federal Register.
    Accordingly, the NPRM published in the Federal Register on 
September 12, 2023 at 88 FR 62480, is withdrawn.

Christopher Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2025-00376 Filed 1-10-25; 8:45 am]
BILLING CODE 4510-CR-P
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