Federal Acquisition Regulation; Defense Base Act, 17176-17178 [2013-06325]
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
110(a)(2)(E)(ii) (as it relates to section
128(a)(1), and 110(a)(2)(J) related to PSD
TDEC has addressed the elements of the
CAA 110(a)(1) and (2) SIP requirements
pursuant to section 110 of the CAA to
ensure that the 2008 lead NAAQS are
implemented, enforced, and maintained
in Tennessee. With respect to sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) related to
PSD, and 110(a)(2)(J) related to PSD,
EPA is proposing to conditionally
approve Tennessee’s infrastructure SIP
based on an October 4, 2012,
commitment that TDEC will provide the
necessary SIP revision to address its SIP
deficiencies related to the October 20,
2010, final rulemaking related to PSD
PM2.5 Increments, SILs, and SMC Rule
requirements. With respect to section
110(a)(2)(E)(ii) (referencing section 128
of the CAA), EPA is proposing to
conditionally approve Tennessee’s
infrastructure SIP based on a March 28,
2012, commitment that TDEC will adopt
specific enforceable measures into its
SIP and submit these revisions to EPA
July 23, 2013, to address the applicable
portions of section 128. EPA intends to
move forward with finalizing the
conditional approval for these elements
consistent with section 110(k)(4) of the
Act. EPA is also proposing to approve
Tennessee’s infrastructure submission
for the 2008 Lead NAAQS, with the
exception of section 110(a)(2)(E)(ii),
because its October 19, 2009,
submission is consistent with section
110 of the CAA.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, and Recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013–06418 Filed 3–19–13; 8:45 am]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2012–016; Docket 2012–0016;
Sequence 1]
RIN 9000–AM50
Federal Acquisition Regulation;
Defense Base Act
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
SUMMARY: DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to clarify
contractor and subcontractor
responsibilities to obtain workers’
compensation insurance or to qualify as
a self-insurer, and other requirements,
under the terms of the Longshore and
Harbor Workers’ Compensation Act as
extended by the Defense Base Act.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before May 20, 2013
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to FAR Case 2012–016 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2012–016.’’
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘FAR Case 2012–
016.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘FAR Case 2012–
016’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FAR Case 2012–016, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules
Analyst, at 202–501–3221, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAR Case 2012–016.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
I. Background
DoD, GSA, and NASA are proposing
to revise the FAR to clarify contractor
and subcontractor responsibilities to
obtain workers’ compensation insurance
or to qualify as a self-insurer, and other
requirements, under the terms of the
Longshore and Harbor Workers’
Compensation Act as extended by the
Defense Base Act.
II. Discussion and Analysis
The Defense Base Act of 1941,
codified at 42 U.S.C. 1651, et seq.,
extended the federal workers’
compensation protections provided by
the Longshore and Harbor Workers’
Compensation Act (LHWCA) (33 U.S.C.
901, et seq.) to the following
employment outside of the United
States: Work for private employers on
United States military bases, generally;
work on public work contracts—where
‘‘public work’’ is not limited to
construction, but includes service
contracts—with a United States
Government agency; work on contracts
approved and funded by the U.S. under
the Foreign Assistance Act; and work
for American employers providing
welfare or similar services for the
benefit of the Armed Services, e.g., the
United Service Organizations (USO). It
is intended to provide disability
compensation and medical benefits to
covered employees for work-related
injuries, and death benefits to eligible
survivors of employees whose deaths
are work-related. Recent experience and
anticipated contingency contracting
efforts require the clarification of the
responsibilities of contractors and
subcontractors under the LHWCA to
purchase workers’ compensation
insurance or to qualify as a self-insurer;
to submit a timely, written report to the
Department of Labor (DOL) in the event
of an employee’s injury or death; to
make timely payment of all
compensation due for disability or
death, and to submit a timely, written
report of such payment to the DOL; and
to adhere to all other provisions of the
Longshore and Harbor Workers’
Compensation Act, as extended by the
Defense Base Act.
Therefore, this action proposes to
revise FAR clause 52.228–3, Workers
Compensation Insurance (Defense Base
Act) to clarify the responsibilities of
contractors under the Defense Base Act,
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including the requirement to include
flow down of this clause to all
subcontractors to which the Defense
Base Act applies.
This rule reflects statutory and DOL
requirements, and does not impose
additional burdens beyond those
requirements.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
revisions to FAR clause 52.228–3,
Workers’ Compensation Insurance
(Defense Base Act), merely clarify the
existing requirements set forth in the
Defense Base Act of 1941 (DBA),
codified at 42 U.S.C. 1651, et seq.
However, an initial regulatory
flexibility analysis (IRFA) has been
prepared consistent with 5 U.S.C. 603,
and is summarized as follows:
This rule amends the Federal Acquisition
Regulation (FAR) to clarify contractor and
subcontractor responsibilities to obtain
workers’ compensation insurance or to
qualify as a self-insurer, and other
requirements, under the terms of the
Longshore and Harbor Workers’
Compensation Act as extended by the
Defense Base Act.
The objective of the rule is to amend FAR
clause 52.228–3, Workers’ Compensation
Insurance (Defense Base Act) to clarify the
responsibilities of contractors under the
Defense Base Act, including the requirement
to include flow down of this clause to all
subcontractors to which the Defense Base Act
applies.
DoD, NASA and GSA do not expect this
proposed rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because
the revisions to FAR clause 52.228–3,
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17177
Workers’ Compensation Insurance (Defense
Base Act), merely clarify the existing
requirements set forth in the Defense Base
Act of 1941 (DBA), codified at 42 U.S.C.
§ 1651, et seq.
The proposed rule imposes no reporting,
recordkeeping, or other information
collection requirements than what are
already required to be reported to the
Department of Labor as per the Defense Base
Act. The rule does not duplicate, overlap, or
conflict with any other Federal rules. There
are no known significant alternatives to the
rule.
The Regulatory Secretariat has
submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat. DoD, GSA, and
NASA invite comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this proposed rule
in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (FAR case 2012–016) in
correspondence.
V. Paperwork Reduction Act
The proposed rule does not contain
any new information collection
requirements that require the approval
of the Office of Management and Budget
under the Paperwork Reduction Act (44
U.S.C. chapter 35).
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: March 14, 2013.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR part 52 as set
forth below:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 52 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. Revise section 52.228–3 to read as
follows:
■
52.228–3 Workers Compensation
Insurance (Defense Base Act).
As prescribed in 28.309(a), insert the
following clause:
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Proposed Rules
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Workers’ Compensation Insurance
(Defense Base Act) (Mar 2013)
(End of clause)
(a) The Contractor shall—
(1) Before commencing performance under
this contract, establish provisions to provide
for the payment of disability compensation
and medical benefits to covered employees
and death benefits to their eligible survivors,
by purchasing workers’ compensation
insurance or qualifying as a self-insurer
under the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 932) as
extended by the Defense Base Act (42 U.S.C.
1651, et seq.), and continue to maintain
provisions to provide such Defense Base Act
benefits until contract performance is
completed;
(2) Within ten days of an employee’s injury
or death or from the date the Contractor has
knowledge of the injury or death, submit
Form LS–202 (Employee’s First Report of
Injury or Occupational Illness) to the
Department of Labor in accordance with the
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 930(a), 20 CFR
702.201 to 702.203);
(3) Pay all compensation due for disability
or death within the time frames required by
the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 914, 20 CFR
702.231 and 703.232);
(4) Provide for medical care as required by
the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 907, 20 CFR
702.402 and 702.419);
(5) If controverting the right to
compensation, submit Form LS–207 (Notice
of Controversion of Right to Compensation)
to the Department of Labor in accordance
with the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 914(d), 20 CFR
702.251);
(6) Immediately upon making the first
payment of compensation in any case, submit
Form LS–206 (Payment Of Compensation
Without Award) to the Department of Labor
in accordance with the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C.
914(c), 20 CFR 702.234);
(7) When payments are suspended or when
making the final payment, submit Form LS–
208 (Notice of Final Payment or Suspension
of Compensation Payments) to the
Department of Labor in accordance with the
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 914(c) and (g),
20 CFR 702.234 and 702.235); and
(8) Adhere to all other provisions of the
Longshore and Harbor Workers’
Compensation Act as extended by the
Defense Base Act, and Department of Labor
regulations at 20 CFR Parts 701 to 704.
(b) The actions set forth under paragraphs
(a)(2) through (a)(8) may be performed by the
contractor’s agent or insurance carrier.
(c) For additional information on the
Longshore and Harbor Workers’
Compensation Act requirements see https://
www.dol.gov/owcp/dlhwc/lsdba.htm.
(d) The Contractor shall insert the
substance of this clause, including this
paragraph (d) in all subcontracts to which the
Defense Base Act applies.
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[FR Doc. 2013–06325 Filed 3–19–13; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120919470–3182–01]
RIN 0648–BC58
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery Off the Southern Atlantic
States; Amendment 9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement Amendment 9 (Amendment
9) to the Fishery Management Plan for
the Shrimp Fishery of the South
Atlantic Region (FMP) as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). If
implemented, this rule would revise the
criteria and procedures by which a
South Atlantic state may request a
concurrent closure of the exclusive
economic zone (EEZ) to the commercial
harvest of penaeid shrimp (brown, pink,
and white shrimp) when state waters
close as a result of severe winter
weather. Amendment 9 would also
revise the overfished and overfishing
status determination criteria for pink
shrimp. The intent of this rule is to
increase the flexibility and timeliness of
the criteria and process for
implementing a concurrent closure of
penaeid shrimp harvest in the EEZ to
maximize protection of overwintering
white shrimp in the South Atlantic.
DATES: Written comments must be
received on or before April 19, 2013.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2012–0227’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Kate Michie, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
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generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, click on ‘‘submit a
comment’’, then enter ‘‘NOAA–NMFS–
2012–0227’’ in the keyword search and
click on ‘‘search’’. To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2012–0227’’ in
the keyword search and click on
‘‘search’’. NMFS will accept anonymous
comments (enter N/A in the required
field if you wish to remain anonymous).
You may submit attachments to
electronic comments in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
Comments received through means
not specified in this rule will not be
considered.
Electronic copies of Amendment 9
may be obtained from the Southeast
Regional Office Web Site at https://
sero.nmfs.noaa.gov.
Kate
Michie, telephone: 727–824–5305, or
email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The
penaeid shrimp fishery of the South
Atlantic is managed under the FMP. The
FMP was prepared by the Council and
is implemented through regulations at
50 CFR part 622 under the authority of
the Magnuson-Stevens Act.
FOR FURTHER INFORMATION CONTACT:
Background
Under 50 CFR 622.35(d)(1), NMFS
may close the EEZ adjacent to a South
Atlantic state that has closed its waters
to the harvest of brown, pink, and white
shrimp to protect the white shrimp
spawning stock that has been severely
depleted by cold weather. Based on
information from standardized
assessments, if a state has determined
that unusually cold temperatures have
resulted in at least an 80-percent
reduction of the white shrimp
population in its state waters, the state
may request that the EEZ adjacent to its
state waters concurrently close to the
commercial harvest of penaeid shrimp.
The specific criteria that a state must
meet to request a concurrent closure of
the adjacent EEZ waters is described in
the FMP. Under the current procedures,
once a state has determined that specific
conditions have been met the state
sends a request to close EEZ waters to
penaeid shrimp harvest to the Council,
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]]>Agencies
[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Proposed Rules]
[Pages 17176-17178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06325]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2012-016; Docket 2012-0016; Sequence 1]
RIN 9000-AM50
Federal Acquisition Regulation; Defense Base Act
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to clarify contractor and subcontractor
responsibilities to obtain workers' compensation insurance or to
qualify as a self-insurer, and other requirements, under the terms of
the Longshore and Harbor Workers' Compensation Act as extended by the
Defense Base Act.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addressees shown below on or
before May 20, 2013 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAR Case 2012-016 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2012-016.'' Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2012-016.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2012-016'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FAR Case 2012-
016, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement
[[Page 17177]]
Analyst, at 202-501-3221, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAR Case 2012-016.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to revise the FAR to clarify
contractor and subcontractor responsibilities to obtain workers'
compensation insurance or to qualify as a self-insurer, and other
requirements, under the terms of the Longshore and Harbor Workers'
Compensation Act as extended by the Defense Base Act.
II. Discussion and Analysis
The Defense Base Act of 1941, codified at 42 U.S.C. 1651, et seq.,
extended the federal workers' compensation protections provided by the
Longshore and Harbor Workers' Compensation Act (LHWCA) (33 U.S.C. 901,
et seq.) to the following employment outside of the United States: Work
for private employers on United States military bases, generally; work
on public work contracts--where ``public work'' is not limited to
construction, but includes service contracts--with a United States
Government agency; work on contracts approved and funded by the U.S.
under the Foreign Assistance Act; and work for American employers
providing welfare or similar services for the benefit of the Armed
Services, e.g., the United Service Organizations (USO). It is intended
to provide disability compensation and medical benefits to covered
employees for work-related injuries, and death benefits to eligible
survivors of employees whose deaths are work-related. Recent experience
and anticipated contingency contracting efforts require the
clarification of the responsibilities of contractors and subcontractors
under the LHWCA to purchase workers' compensation insurance or to
qualify as a self-insurer; to submit a timely, written report to the
Department of Labor (DOL) in the event of an employee's injury or
death; to make timely payment of all compensation due for disability or
death, and to submit a timely, written report of such payment to the
DOL; and to adhere to all other provisions of the Longshore and Harbor
Workers' Compensation Act, as extended by the Defense Base Act.
Therefore, this action proposes to revise FAR clause 52.228-3,
Workers Compensation Insurance (Defense Base Act) to clarify the
responsibilities of contractors under the Defense Base Act, including
the requirement to include flow down of this clause to all
subcontractors to which the Defense Base Act applies.
This rule reflects statutory and DOL requirements, and does not
impose additional burdens beyond those requirements.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this proposed rule to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the revisions to FAR clause 52.228-3, Workers'
Compensation Insurance (Defense Base Act), merely clarify the existing
requirements set forth in the Defense Base Act of 1941 (DBA), codified
at 42 U.S.C. 1651, et seq.
However, an initial regulatory flexibility analysis (IRFA) has been
prepared consistent with 5 U.S.C. 603, and is summarized as follows:
This rule amends the Federal Acquisition Regulation (FAR) to
clarify contractor and subcontractor responsibilities to obtain
workers' compensation insurance or to qualify as a self-insurer, and
other requirements, under the terms of the Longshore and Harbor
Workers' Compensation Act as extended by the Defense Base Act.
The objective of the rule is to amend FAR clause 52.228-3,
Workers' Compensation Insurance (Defense Base Act) to clarify the
responsibilities of contractors under the Defense Base Act,
including the requirement to include flow down of this clause to all
subcontractors to which the Defense Base Act applies.
DoD, NASA and GSA do not expect this proposed rule to have a
significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., because the revisions to FAR clause 52.228-3,
Workers' Compensation Insurance (Defense Base Act), merely clarify
the existing requirements set forth in the Defense Base Act of 1941
(DBA), codified at 42 U.S.C. Sec. 1651, et seq.
The proposed rule imposes no reporting, recordkeeping, or other
information collection requirements than what are already required
to be reported to the Department of Labor as per the Defense Base
Act. The rule does not duplicate, overlap, or conflict with any
other Federal rules. There are no known significant alternatives to
the rule.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA,
and NASA invite comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this
proposed rule in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 610 (FAR case
2012-016) in correspondence.
V. Paperwork Reduction Act
The proposed rule does not contain any new information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: March 14, 2013.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 52 as
set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
0
2. Revise section 52.228-3 to read as follows:
52.228-3 Workers Compensation Insurance (Defense Base Act).
As prescribed in 28.309(a), insert the following clause:
[[Page 17178]]
Workers' Compensation Insurance (Defense Base Act) (Mar 2013)
(a) The Contractor shall--
(1) Before commencing performance under this contract, establish
provisions to provide for the payment of disability compensation and
medical benefits to covered employees and death benefits to their
eligible survivors, by purchasing workers' compensation insurance or
qualifying as a self-insurer under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act
(42 U.S.C. 1651, et seq.), and continue to maintain provisions to
provide such Defense Base Act benefits until contract performance is
completed;
(2) Within ten days of an employee's injury or death or from the
date the Contractor has knowledge of the injury or death, submit
Form LS-202 (Employee's First Report of Injury or Occupational
Illness) to the Department of Labor in accordance with the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR
702.201 to 702.203);
(3) Pay all compensation due for disability or death within the
time frames required by the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);
(4) Provide for medical care as required by the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and
702.419);
(5) If controverting the right to compensation, submit Form LS-
207 (Notice of Controversion of Right to Compensation) to the
Department of Labor in accordance with the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);
(6) Immediately upon making the first payment of compensation in
any case, submit Form LS-206 (Payment Of Compensation Without Award)
to the Department of Labor in accordance with the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);
(7) When payments are suspended or when making the final
payment, submit Form LS-208 (Notice of Final Payment or Suspension
of Compensation Payments) to the Department of Labor in accordance
with the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
914(c) and (g), 20 CFR 702.234 and 702.235); and
(8) Adhere to all other provisions of the Longshore and Harbor
Workers' Compensation Act as extended by the Defense Base Act, and
Department of Labor regulations at 20 CFR Parts 701 to 704.
(b) The actions set forth under paragraphs (a)(2) through (a)(8)
may be performed by the contractor's agent or insurance carrier.
(c) For additional information on the Longshore and Harbor
Workers' Compensation Act requirements see https://www.dol.gov/owcp/dlhwc/lsdba.htm.
(d) The Contractor shall insert the substance of this clause,
including this paragraph (d) in all subcontracts to which the
Defense Base Act applies.
(End of clause)
[FR Doc. 2013-06325 Filed 3-19-13; 8:45 am]
BILLING CODE 6820-EP-P
