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 workerâs name, the OWCP-assigned claim number, the submitterâs name, and the submitterâs 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.
Form ls-801 Request for Electronic Service of Orders – Waiver of Certified Mail Requirement
Emergency PRA Clearance Memo from OWCP Director Howie (2-12-2015).pdf
Supporting Statement (1240-XXXX LS801-802).docx
Request for Electronic Service of Orders – Waiver of Certified Mail Requirement