40722 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 

Currently, the Office of Workers’ 

Compensation Programs is soliciting 

comments concerning the proposed 

collection: Authorization Request form 

and Certification/Letter of Medical 

Necessity for Compounded Drugs (CA– 

26) and Authorization Request form and 

Certification/Letter of Medical Necessity 

for Opioid Medications (CA–27). A copy 

of the proposed information collection 

request can be obtained by contacting 

the office listed below in the addresses 

section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

August 22, 2016. 

ADDRESSES: Ms. Yoon Ferguson, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Room S–3323, Washington, 

DC 20210, telephone/fax (202) 354– 

9647, Email ferguson.yoon@dol.gov. 

Please use only one method of 

transmission for comments (mail or 

Email). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor (DOL) is 

requesting an approval of a new 

information collection. This information 

collection is essential to the mission of 

DOL and the Office of Workers’ 

Compensation Programs (OWCP), to 

monitor and assure the appropriate use 

of opioids and compounded drugs in 

treating employment-related injuries 

under the Federal Employees 

Compensation Act (FECA), 5 U.S.C. 

8101 et seq. 

The FECA statute grants OWCP 

discretion to provide an injured 

employee the ‘‘services, appliances, and 

supplies prescribed or recommended by 

a qualified physician’’ which OWCP 

considers ‘‘likely to cure, give relief, 

reduce the degree or the period of 

disability, or aid in lessening the 

amount of the monthly compensation.’’ 

5 U.S.C. 8103. In other words, OWCP is 

mandated to provide medical supplies 

and services—including prescription 

drugs such as opioids and compounded 

drugs—that it considers medically 

necessary. 20 CFR 10.310. The FECA 

statute and implementing regulations 

are not primarily focused on managing 

doctor/patient decisions relating to 

medication therapy and, with the 

exception of few limitations on fentanyl 

(an opioid) and other controlled 

substances, the FECA program policy on 

pharmacy benefits has generally been a 

policy of payment for prescribed 

medications in accordance with a fee 

schedule based on a percentage of the 

average wholesale price (AWP) for drugs 

identified by a National Drug Code 

(NDC). See 20 CFR 10.809. The FECA 

program does not currently have any 

limitations on payment for opioids 

generally or for compounded drugs. The 

FECA program is establishing a prior 

authorization policy for opioid and 

compounded drugs (at this time after 

first fill) utilizing the pre-authorization 

authority already contained in its 

regulations at 20 CFR 10.310(a) and 

§ 10.800(b). In requiring the use of these 

forms for opioid and compounded 

drugs, OWCP is implementing a priorauthorization process based on medical 

necessity. 

The forms, Authorization Request 

Form and Certification/Letter of Medical 

Necessity for Compounded Drugs (CA– 

26) and Authorization Request Form 

and Certification/Letter of Medical 

Necessity Certification/Letter of Medical 

Necessity for Opioid Medications (CA– 

27), require an injured worker’s treating 

physician to answer a number of 

questions about the prescribed opioids 

and/or compounded drugs and certify 

that they are medically necessary to 

treat the work-related injury. The 

responses to the questions on the forms 

are intended to ensure that treating 

physicians have considered non-opioid 

and non-compounded drug alternatives, 

and are only prescribing the most cost 

effective and medically necessary drugs. 

The forms will also permit OWCP to 

more easily track the volume, type, and 

characteristics of opioids and 

compounded drugs authorized by the 

FECA program. The forms will serve as 

a means for injured workers to continue 

receiving opioids and compounded 

drugs only where medically necessary 

and simultaneously give OWCP greater 

oversight in monitoring their 

appropriate use and gather additional 

data about their use. 

II. Review Focus 

The Department of Labor is 

particularly interested in comments 

which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• enhance the quality, utility and 

clarity of the information to be 

collected; and 

• minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

The Department of Labor seeks the 

approval of this new information 

collection in order to carry out its 

responsibility to meet the statutory 

requirements of the Federal Employees’ 

Compensation Act. 

Agency: Office of Workers’ 

Compensation Programs. 

Type of Review: New Collection 

(Request for New OMB control 

Number). 

Title: Authorization and Certification/ 

Letter of Medical Necessity. 

OMB Number: 1240–0NEW. 

Agency Number: CA–26 and CA–27. 

Affected Public: Individuals or 

households; Businesses or other forprofit. 

Total Respondents: 80,000. 

Total Annual Responses: 65,600. 

Estimated Total Burden Hours: 

40,000. 

Estimated Time per Response: 30 

minutes. 

Frequency: On occasion. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/

maintenance): $0. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: June 16, 2016. 

Yoon Ferguson, 

Agency Clearance Officer, Office of Workers’ 

Compensation Programs, U.S. Department of 

Labor. 

[FR Doc. 2016–14818 Filed 6–21–16; 8:45 am] 

BILLING CODE 4510–CH–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

Advisory Board on Toxic Substances 

and Worker Health: Subcommittee on 

Medical Advice re: Weighing Medical 

Evidence 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Announcement of meeting of 

the Subcommittee on Medical Advice 

re: Weighing Medical Evidence of the 

Advisory Board on Toxic Substances 

and Worker Health (Advisory Board) for 

the Energy Employees Occupational 

mstockstill on DSK3G9T082PROD with NOTICES

Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40723 

Illness Compensation Program Act 

(EEOICPA). 

SUMMARY: The subcommittee will meet 

via teleconference on July 12, 2016, 

from 1:00 p.m. to 4:00 p.m. Eastern 

Time. 

For Press Inquiries Contact: For press 

inquiries: Ms. Amanda McClure, Office 

of Public Affairs, U.S. Department of 

Labor, Room S–1028, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone (202) 693–4672; email 

mcclure.amanda.c@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Advisory Board is mandated by Section 

3687 of EEOICPA. The Secretary of 

Labor established the Board under this 

authority and Executive Order 13699 

(June 26, 2015). The purpose of the 

Advisory Board is to advise the 

Secretary with respect to: (1) The Site 

Exposure Matrices (SEM) of the 

Department of Labor; (2) medical 

guidance for claims examiners for 

claims with the EEOICPA program, with 

respect to the weighing of the medical 

evidence of claimants; (3) evidentiary 

requirements for claims under Part B of 

EEOICPA related to lung disease; and 

(4) the work of industrial hygienists and 

staff physicians and consulting 

physicians of the Department of Labor 

and reports of such hygienists and 

physicians to ensure quality, objectivity, 

and consistency. The Advisory Board 

sunsets on December 19, 2019. This 

subcommittee is being assembled to 

gather data and begin working on advice 

under Area #2, Medical Advice re: 

Weighing Medical Evidence. 

The Advisory Board operates in 

accordance with the Federal Advisory 

Committee Act (FACA) (5 U.S.C. App. 

2) and its implementing regulations (41 

CFR part 102–3). 

Agenda: The tentative agenda for the 

Subcommittee on Medical Advice re: 

Weighing Medical Evidence meeting 

includes: 

• Defining the issues and scope of the 

subcommittee’s topic area: medical 

advice to claims examiners re: weighing 

medical evidence; 

• Defining data and informational 

needs (and review) for the topic area; 

• Drafting the initial work plan with 

a timetable. 

OWCP transcribes Advisory Board 

subcommittee meetings. OWCP posts 

the transcripts on the Advisory Board 

Web page, http://www.dol.gov/owcp/

energy/regs/compliance/

AdvisoryBoard.htm, along with written 

comments and other materials 

submitted to the subcommittee or 

presented at subcommittee meetings. 

Public Participation, Submissions, and 

Access to the Public Record 

Subcommittee meeting: The 

subcommittee will meet via 

teleconference on Tuesday, July 12, 

2016, from 1:00 p.m. to 4:00 p.m. 

Eastern Time. Advisory Board 

subcommittee meetings are open to the 

public. The teleconference number and 

other details for listening to the meeting 

will be posted on the Advisory Board’s 

Web site no later than 72 hours prior to 

the meeting. This information will be 

posted at http://www.dol.gov/owcp/

energy/regs/compliance/

AdvisoryBoard.htm. 

Requests for special accommodations: 

Please submit requests for special 

accommodations to participate in the 

subcommittee meeting by email, 

telephone, or hard copy to Ms. Carrie 

Rhoads, OWCP, Room S–3524, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone (202) 343–5580; email 

EnergyAdvisoryBoard@dol.gov. 

Submission of written comments for 

the record: You may submit written 

comments, identified by the 

subcommittee name and the meeting 

date of July 12, 2016, by any of the 

following methods: 

• Electronically: Send to: 

EnergyAdvisoryBoard@dol.gov (specify 

in the email subject line, 

‘‘Subcommittee on Medical Advice re: 

Weighing Medical Evidence’’). 

• Mail, express delivery, hand 

delivery, messenger, or courier service: 

Submit one copy to the following 

address: U.S. Department of Labor, 

Office of Workers’ Compensation 

Programs, Advisory Board on Toxic 

Substances and Worker Health, Room 

S–3522, 200 Constitution Ave. NW., 

Washington, DC 20210. Due to securityrelated procedures, receipt of 

submissions by regular mail may 

experience significant delays. 

Comments must be received by July 5, 

2016. OWCP will make available 

publically, without change, any written 

comments, including any personal 

information that you provide. Therefore, 

OWCP cautions interested parties 

against submitting personal information 

such as Social Security numbers and 

birthdates. 

Electronic copies of this Federal 

Register notice are available at http://

www.regulations.gov. This notice, as 

well as news releases and other relevant 

information, are also available on the 

Advisory Board’s Web page at http://

www.dol.gov/owcp/energy/regs/

compliance/AdvisoryBoard.htm. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Antonio Rios, Designated 

Federal Officer, at rios.antonio@dol.gov, 

or Carrie Rhoads, Alternate Designated 

Federal Officer, at rhoads.carrie@

dol.gov, U.S. Department of Labor, 200 

Constitution Avenue NW., Suite 

S–3524, Washington, DC 20210, 

telephone (202) 343–5580. 

This is not a toll-free number. 

Signed at Washington, DC, this 17 day of 

June 2016. 

Leonard J. Howie III, 

Director, Office of Workers’ Compensation 

Programs. 

[FR Doc. 2016–14822 Filed 6–21–16; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

Advisory Board on Toxic Substances 

and Worker Health: Subcommittee on 

the Site Exposure Matrices (SEM) 

AGENCY: Office of Workers’ 

Compensation Programs, Department of 

Labor. 

ACTION: Announcement of meeting of 

the Subcommittee on the Site Exposure 

Matrices of the Advisory Board on Toxic 

Substances and Worker Health 

(Advisory Board) for the Energy 

Employees Occupational Illness 

Compensation Program Act (EEOICPA). 

SUMMARY: The subcommittee will meet 

via teleconference on July 11, 2016, 

from 1:00 p.m. to 3:00 p.m. Eastern 

Time. 

For Press Inquiries Contact: For press 

inquiries: Ms. Amanda McClure, Office 

of Public Affairs, U.S. Department of 

Labor, Room S–1028, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone (202) 693–4672; email 

mcclure.amanda.c@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Advisory Board is mandated by Section 

3687 of EEOICPA. The Secretary of 

Labor established the Board under this 

authority and Executive Order 13699 

(June 26, 2015). The purpose of the 

Advisory Board is to advise the 

Secretary with respect to: (1) The Site 

Exposure Matrices (SEM) of the 

Department of Labor; (2) medical 

guidance for claims examiners for 

claims with the EEOICPA program, with 

respect to the weighing of the medical 

evidence of claimants; (3) evidentiary 

requirements for claims under Part B of 

EEOICPA related to lung disease; and 

(4) the work of industrial hygienists and 

staff physicians and consulting 

physicians of the Department of Labor 

and reports of such hygienists and 

physicians to ensure quality, objectivity, 

mstockstill on DSK3G9T082PROD with NOTICES