the books of account, records, and other papers of a self-insurer for the purpose of verifying any financial statement submitted to the Bureau by such self-insurer or verifying any information furnished to the Bureau in any report required by this section, or any other section of the regulations in this subchapter, and such self-insurer shall permit the Bureau by its duly authorized representative to make such an inspection or examination as the Bureau shall require. In lieu of this requirement the Bureau may in its discretion accept an adequate report of a certified public accountant.

PART 84-ISSUANCE OF CERTIFICATES OF COMPLIANCE

Sec.

84.1 Issue of certificates of compliance. 84.2 Same; employer operating temporarily in another compensation district. 84.3 Return of certificates of compliance. AUTHORITY: The provisions of this Part 84 issued under sec. 39, 44 Stat. 1442, as amended, secs. 2-15, 67 Stat. 462-470; 33 U.S.C. 939, 43 U.S.C. 1331-1343.

SOURCE: The provisions of this Part 84 appear at 19 F.R. 6223, Sept. 28, 1954, unless otherwise noted.

§ 84.1 Issue of certificates of compliance.

(a) Every employer who has secured the payment of compensation by obtaining a policy of insurance as provided by section 32 of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1439; 33 U.S.C. 939) and by Part 82 of the regulations in this subchapter will receive from the deputy commissioner in the compensation district in which he has operations (or for the jurisdictional area of such compensation district), and to whom such insurance has been reported, a certificate that such employer has secured the payment of such compensation. Only one such certificate will be issued to an employer in a compensation district, and it will be valid only during the period for which such employer has secured such payment. An employer so desiring may have photostatic copies (or other facsimile copies) of such a certificate made for use in different places within the compensation district of jurisdictional area thereof. A certificate of compliance will be issued by the deputy commissioner to any employer having operations in his district (1) upon re

ceipt by the deputy commissioner and acceptance by him of a card report of the issuance of a policy to the employer concerned, as provided by § 82.4 of this subchapter, by an authorized insurance carrier which has filed an agreement to be bound by such card report in conformity with § 82.6 of this subchapter or (2) upon presentation to the deputy commissioner by the employer concerned (and not by an insurance carrier, insurance agent, or broker) of the applicable policy of insurance, and endorsement thereon, issued to the employer in conformity with Part 82 of this subchapter by an authorized insurance carrier which has not filed the agreement provided for by § 82.6 of this subchapter.

(b) Every employer who has been granted the privilege of self-insurance as provided by section 32 of the Longshoremen's and Harbor Workers' Compensation Act and by Part 83 of this subchapter will receive from the deputy commissioner a certificate that he has complied with the said law with respect to the securing of the payment of compensation. Only one such certificate will be issued to an employer by a deputy commissioner in a compensation district and it will be valid only during the period stated in such certificate. An employer so desiring may have made photostatic copies (or other facsimile copies) of such certificate for use in different places within the compensation district or jurisdictional area thereof.

(c) Two forms of such certificates of compliance have been provided by the Bureau, one form for use where the employer has obtained insurance generally under the regulations in this subchapter and one for use where the employer has been authorized as a self-insurer. § 84.2

Same; employer operating temporarily in another compensation district.

A deputy commissioner receiving a card report of the issue of a policy of insurance, with the notation authorized by § 82.7 of this subchapter will fille such card report until he receives from the insured employer named therein a request for a certificate of compliance, giving the address of the employer within the compensation district of such deputy commissioner. Upon receipt of such a request the deputy commissioner will send the proper certificate of compliance to such employer at such address.

84.3 Return of certificates of compliance.

Upon the termination by expiration, cancellation or otherwise, of a policy of insurance issued under the provisions of the Longshoremen's and Harbor Workers' Compensation Act, as amended, as extended by the Outer Continental Shelf Lands Act, and the regulations under this subchapter, or the revocation or termination of the privilege of self-insurance granted by the Bureau, all certificates of compliance issued on the basis of such insurance or self-insurance shall be void and shall be returned by the employer to the deputy commissioner issuing them

with a statement of the reason for such return. An employer, currently holding a certificate of compliance under an insurance policy which has expired, pending the renewal of such insurance, need not return such certificate of compliance if such expired insurance is promptly replaced. An employer who has secured renewal under the Longshoremen's and Harbor Workers' Compensation Act as extended by the Outer Continental Shelf Lands Act or whose self-insurance thereunder is reauthorized without a break in the continuity thereof need not return to the Bureau an expired certificate of compliance.

statute.

(a) General.

(1) Section 2 of the act of June 19, 1952 (66 Stat. 139, 5 U. S. C. 150k-1) as amended by the act of July 18, 1958 (72 Stat. 397) extends the provisions of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424, as amended; 33 U. S. C. 901, et seq.), the latter hereinafter referred to in this subchapter as "the Longshoremen's Act", to cases of disability or death of civilian employees, compensated from nonappropriated funds, employed by those instrumentalities of the United States under the jurisdiction of the Armed Forces which are conducted for the comfort, pleasure, contentment and mental and physical improvement of personnel of the Armed Forces as identified in section 1 of the act of June 19, 1952 (66 Stat. 138; 5 U. S. C. 150k). The regulations in Sub

chapter C of this chapter governing the administration of the Longshoremen's Act, insofar as they are applicable and are not inconsistent with any provision of this subchapter, shall govern the administration of the Longshoremen's Act as extended by such act of July 18, 1958, (72 Stat. 397, 5 U. S. C. 150k-1). Every person subject to, claiming benefits under, or acting under the Longshoremen's Act as thus extended, shall conform to the procedure prescribed in the Longshoremen's Act, as set out in the regulations in Subchapter C and in this subchapter. The term "Bureau" as used in this subchapter means the Bureau of Employees' Compensation, U. S. Department of Labor.

(2) The said Bureau is the agency which was transferred from the Federal Security Agency to the U.S. Department of Labor by Reorganization Plan No. 19 of 1950 (3 CFR, 1949-1953 Comp., p. 1010, 64 Stat. 1271) effective May 24, 1950, the said Bureau having been established in the Federal Security Agency to perform the functions theretofore performed by the United States Employees' Compensation Commission, the latter having been abolished and its functions transferred to the Federal Security Agency by Reorganization Plan No. 2 of 1946 (3 CFR, 1943-1948 Comp., p. 1064; 60 Stat. 1095), effective July 16, 1946.

(b) Coverage. The act of July 18, 1958 (72 Stat. 397, 5 U. S. C. 150k-1) an

plies in respect to disability or death resulting from injury as defined in section 2 of the Longshoremen's Act (33 U. S. C. 902 (2)) occurring to a civilian employee of any nonappropriated fund instrumentality identified in section 1 of the act of June 19, 1952 (66 Stat. 139; 5 U. S. C. 150k). The employees within the coverage of this extension of the Longshoremen's Act are (1) those employees of the identified nonappropriated fund instrumentalities who are employed within the continental United States, and (2) those United States citizens or permanent residents of the United States or a Territory who are employees of such instrumentalities outside the continental limits of the United States. An employee who is not a citizen or permanent resident of the United States or a Territory, employed outside the continental limits of the United States by any such nonappropriated fund instrumentality, is not within the coverage of said act of July 18, 1958, but is subject to such protections as may be provided for under regulations issued by the Secretary of the military department concerned and approved by the Secretary of Defense, or regulations prescribed by the Secretary of the Treasury, as the case may be. The coverage of such nonappropriated fund instrumentality employees under the Longshoremen's Act is made effective on the 120th day following the date of enactment of 72 Stat. 397.

(c) Definitions and interpretations of the statute. Except as expressly modified in this subchapter, terms used in the regulations promulgated in this subchapter shall be construed and applied as defined in the Longshoremen's Act (44 Stat. 1424, 33 U. S. C. 901 et seq.) and in decisions interpreting that Act.

(1) The term "employer" means each of the nonappropriated fund instrumentalities identified in section 1 of the act of June 19, 1952 (66 Stat. 139; 5 U. S. C. 150k).

(2) The term "employee" means an employee of any nonappropriated fund instrumentality, as so identified, employed within the continental United States and a person who is a United States citizen or permanent resident of the United States or a Territory employed by such an instrumentality outside the continental limits of the United States.

(3) The term "State" means any State of the Union.

District No. 1. Comprises the New England States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut, with headquarters at Boston, Massachusetts.

District No. 2. Comprises the Port of New York, including that part of New Jersey legally included in the Port of New York, and the State of New York, except that part of New York State north and west of a line 30 miles from the shore of Lake Erie and Lake Ontario and the Niagara and St. Lawrence Rivers, with headquarters at New York, N. Y.

District No. 3. Comprises the State of New Jersey, except that part legally included in the Port of New York, and the States of Delaware and Pennsylvania, except that part of the State of Pennsylvania north and west of a line 30 miles from the shore of Lake Erie, with headquarters at Philadelphia, Pennsylvania.

District No. 4. Comprises the State of Maryland and District of Columbia, including the Potomac River, with headquarters at Baltimore, Maryland.

District No. 5. Comprises the State of Virginia, except the Potomac River, and the State of North Carolina, with headquarters at Norfolk, Virginia.

District No. 6. Comprises the States of South Carolina, Georgia and Florida, with headquarters at Jacksonville, Florida.

District No. 7. Comprises the States of Alabama, Mississippi, Louisiana, and Arkansas, excluding that part of the Mississippi River between Arkansas and Tennessee, with headquarters at New Orleans, Louisiana.

District No. 8. Comprises the State of Texas, including that part of the Red River between Texas and Oklahoma, with headquarters at Galveston, Texas.

District No. 9. Comprises that part of the lake district in the States of Pennsylvania and New York extending thirty miles inland from the shore of Lake Erie and Lake Ontario and the Niagara and St. Lawrence Rivers; the lower peninsula of the State of Michigan, except that part west and north

f a line 30 miles from the shore of Lake Michigan and the Strait of Mackinac; the State of West Virginia, the State of Ohio, he State of Indiana, including the Wabash River between Indiana and Illinois, excluding che territory north of a line 30 miles from he shore of Lake Michigan; the State of Kentucky, including that part of the Ohio River between Kentucky and Illinois and that part of the Mississippi River between Kentucky and Missouri; the State of Tennessee, including that part of the Mississippi River between the States of Tennessee, Missouri, and Arkansas, with headquarters at Cleveland, Ohio.

District No. 10. Comprises the rest of the lake district, namely, an area thirty miles wide along the shore of Lake Michigan in the lower peninsula of Michigan, and in the State of Indiana; all of the northern peninsula of Michigan, and the States of Wisconsin, Minnesota, North and South Dakota, Nebraska, Iowa and Kansas; the State of Illinois, excluding that part of the Wabash River between Illinois and Indiana, and that part of the Ohio River between Illinois and Kentucky; the State of Missouri, excluding the Mississippi River between Missouri, Kentucky and Tennessee; the State of Oklahoma, excluding the Red River between Oklahoma and Texas, with headquarters at Chicago, Illinois.

District No. 13. Comprises the States of California, Arizona, New Mexico, Nevada, Utah, and Colorado, with headquarters at San Francisco, California.

District No. 14. Comprises the States of Washington, Oregon, Idaho, Montana, and Wyoming, and the Territory of Alaska, with headquarters at Seattle, Washington.

District No. 15. Comprises the Territory of Hawaii, with headquarters at Honolulu, T. H. With respect to those United States citizens or permanent residents of the United States or a Territory who are employed outside the continental limits of the United States, the compensation districts as established under § 51.2, Part 51 of Subchapter E of this chapter are as follows:

Pacific District. This district comprises all land and water areas outside the continents of North and South America which are south of the 45th degree north latitude and westward from the 110th degree west longitude to the 60th degree east longitude, except areas in the North Atlantic Ocean and contiguous waters, with headquarters at Honolulu, T. H. District No. 1. This district as established under the Longshoremen's and Harbor Workers' Compensation Act is extended to include Canada east of the 75th degree west longitude, Newfoundland and Greenland, with headquarters at Boston, Massachusetts.

District No. 2. This district as established under the Longshoremen's and Harbor Workers' Compensation Act is extended to include Bermuda, with headquarters at New York, N. Y.

District No. 10. This district as established under the Longshoremen's and Harbor

Workers' Compensation Act is extended to include Canada west of the 75th degree and east of the 110th degree west longitude with headquarters at Chicago, Illinois.

District No. 14. This district as established under the Longshoremen's and Harbor Workers' Compensation Act is extended to include all land areas in the Pacific Ocean north of the 45th degree north latitude, Canada west of the 110th degree west longitude, and Alaska, with headquarters at Seattle, Washington.

Foreign District. This district comprises the areas outside continental United States not included in any compensation district established in this section, with headquarters at New York, N. Y.

[23 F.R. 8959, Nov. 18, 1958]

§ 92.1

Insurance carriers covering nonappropriated fund instrumentalities. Except as modified by the provisions of this subchapter, the provisions of the regulations in Part 32, Subchapter C of this chapter, shall govern insurance carriers writing insurance under the extension of the Longshoremen's Act to employees of non-appropriated fund instrumentalities of the Armed Forces by the act of July 18, 1958 (72 Stat. 397; 5 U. S. C. 150k-1).

§ 92.2 Applicants currently authorized to write insurance under other Federal workmen's compensation laws. Any applicant currently authorized by the Bureau of Employees' Compensation to write insurance under the Longshoremen's Act (44 Stat. 1424, 33 U. S. C. 901 et seq.) or under the District of Columbia Workmen's Compensation Law (45 Stat.

600, 36 D. C. Code 501, 502) or under the Defense Bases Act (55 Stat. 622, 42 U. S. C. 1651), or under the extension of the Longshoremen's Act by the Outer Continental Shelf Lands Act (67 Stat. 462, 43 U. S. C. 1331), need not support its application with the evidence required by the regulations in Part 32, Subchapter C of this chapter, unless specifically requested by the Bureau, except the form of policy and endorsement which it proposes to use, but instead its application may refer to the fact that it has been so authorized.

§ 92.3 Non-appropriated fund instru. mentality endorsement.

(a) The following form of endorsement applicable to the standard workmen's compensation and employer's liability policy shall be used with the form of policy approved by the Bureau of Employees' Compensation for use by an authorized carrier.

For Attachment to Policy No.

(1) The obligations of paragraph one (a) of the Policy include the Longshoremen's and Harbor Workers' Compensation Act, being Public Law No. 803 of the 69th Congress, approved March 4, 1927, as extended to civilian employees of the nonappropriated fund instrumentalities of the United States under the jurisdiction of the Armed Forces by the act of July 18, 1958 (72 Stat. 897, 5 U. S. C. 150k-1), and all the laws amendatory thereof or supplementary thereto which may be or become effective while this policy is in force.

(2) The Company will carry out the prcvisions of section 35 of the Longshoremen's and Harbor Workers' Compensation Act. Insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the Company from payment of compensation and other benefits lawfully due for disability or death sustained by an employee during the life of the policy.

(3) The Company agrees to abide by all the provisions of the Longshoremen's and Harbor Workers' Compensation Act and all the lawful rules, regulations, orders and decisions of the Bureau of Employees' Compensation, Department of Labor, and of the Deputy Commissioner having jurisdiction, unless and until set aside, modified reversed by a court having jurisdiction over the parties and the cause of action.

or

(4) This endorsement shall not be cancelled prior to the date specified in this policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the Bureau, to the Deputy Commissioner, and to the within named employer.

(5) All terms, conditions, requirements, and obligations expressed in this policy or in any other endorsement attached thereto

which are not inconsistent with or inapplicable to the provisions of this endorsement are hereby made a part of this endorsement as fully and completely as if wholly written herein.

(6) References to the law of any State in Conditions B and D of this policy are hereby declared to include for the purpose of this endorsement only, the provisions of the Longshoremen's and Harbor Workers' Compensation Act, as amended, and of the said act of July 18, 1958. 5 U. S. C. 150k-1.

(b) The following paragraphs may at the option of the insurer be included in the form of endorsement which is provided in paragraph (a) of this section. No other provision, alteration of any prescribed provision, or alteration of any optional provision shall be made or used in any such endorsement except after submission to the Bureau and receipt of its written approval thereof:

If the within employer is a contractor the subject of whose contract includes operations covered by this policy and he shall subcontract all or any part of such contract to one or more subcontractors, the remuneration of all the direct employees of such subcontractors shall be included in the return of remuneration under the provisions of this policy upon which premium is computed. Such remuneration so reported shall be considered the remuneration of employees of the within named employer and shall in all instances be governed by the same terms, conditions, requirements, and obligations of the policy as the remuneration of the direct employees of the within named employer. The requirements of this paragraph shall not apply as respects any such subcontractor who has secured compensation for his direct employees as required by the Longshoremen's and Harbor Workers' Compensation Act, but the within named employer shall not claim the benefit of this exemption unless and until he shall satisfy the Company by certificate or otherwise that any such subcontractor has legally secured the payment of compensation to his own direct employees and then only respecting any subcontractor who has furnished such proof.

If the premium as determined in accordance with the provisions of the policy is less than $300, there shall be added thereto an expense constant of $10, unless such addition shall increase the premium to an amount in excess of $300, in which event only such part of the expense constant shall be added as will bring the amount of the premium up to $300. Inclusion of the expense constant or any part thereof in the estimated advance premium is subject to final adjustment upon audit, all in accordance with the provisions hereof. The minimum premium of the policy includes the expense constant.

(c) In applying the regulations in Part 32, Subchapter C of this chapter insofar