compensation district to make such reports to the deputy commissioner, provided the carrier shall notify the deputy commissioner in such district of the agent or agencies so duly authorized. The deputy commissioner in turn shall supply to his suboffices, if any, current lists showing the policies so reported, giving the names and addresses of the employers, with the names of their respective carriers, the policy numbers and the dates of beginning and expiration of the policies. Similar current lists of cancellation shall also be furnished to sub-offices.

(a) Except as provided in this section, each employer shall present to the deputy commissioner in the compensation district in which he has operations, the policy covering his operations in such district, which he has procured in compliance with section 32 of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1439; 33 U. S. C. 932) as extended by the Outer Continental Shelf Lands Act (67 Stat. 462; 43 U. S. C. 1331). Any carrier desiring to do so may make such presentation of such policy unnecessary in any particular case by transmitting to the Bureau an agreement signed by its president and secretary (or other authorized officers in cases of foreign or mutual companies or State funds), in the following form, and making reports accordingly, of the issuance of a policy in such particular case.

The (insert name of insurance carrier) hereby agrees, in consideration of the acceptance by the Bureau of Employees' Compensation, Department of Labor and its deputy commissioners of reports of issue of approved form of policy and endorsement under the Longshoremen's and Harbor Workers' Compensation Act as amended and as extended to the outer Continental Shelf by the Outer Continental Shelf Lands Act (67 Stat. 462; 43 U. S. C. Supp. 1, 1931) in the form prescribed by the Bureau in section 82.4 of its regulations, that it will be liable and hereby accepts the full liability expressed in the approved form of endorsement, under said laws in all cases in which it has heretofore and may hereafter use the prescribed form of report to deputy commissioners and transmit the same to the proper deputy commissioner; the sending of such report of issue of policy to the deputy commissioner shall be accepted by the Bureau and its deputy commissioners as conclusive evidence (1) of the issuance of a policy to

the employer, named in such report, in approved form and having attached an approved form of endorsement under applicable regulations of the Bureau and (2) of the effectiveness of such policy during the period as stated in such report; and it further agrees that such liability shall not be terminated prior to the expiration of the policy, except in case of cancellation, and then at the time and in the manner which is prescribed in the Longshoremen's and Harbor Workers' Compensation Act, in the regulations of said Bureau, and in the endorsement referred to.

(b) An insurance carrier desiring to withdraw from such agreement may do so upon giving thirty days' notice to the Bureau by registered mail.

§ 82.7 Report by employer operating temporarily in another compensation district.

Where an employer having operations in one compensation district (or jurisdictional area of such district) contemplates engaging in work subject to the Outer Continental Shelf Lands Act (67 Stat. 462; 43 U. S. C. 1331) in another compensation district, a carrier which has executed the agreement provided for by § 82.6 and desires to report coverage as to work performed in such other district, may submit to the deputy commissioner of such latter district a report on the card form prescribed by § 82.4, containing the address of the employer in the first mentioned district with the additional notation, "No present address in compensation district. Certificate requested when address given."

§ 82.8 Name of one employer only shall be reported on one card.

A separate report of the issuance of a policy and endorsement, provided for by § 82.4, shall be made for each employer covered by a policy. If a policy is issued insuring more than one employer, a separate card report for each employer so covered shall be sent to the deputy commissioner concerned, with the name of only one employer on each such report. Unless a card report is received by the deputy commissioner for a compensation district, the deputy commissioner shall regard an employer as an uninsured employer in the particular compensation district (except in cases where such employer is a duly authorized self-insurer, or the employer himself has presented a policy for inspection by the deputy commissioner).

§ 83.1

Authorization of self-insurers.

The provisions of the regulations in Part 33, Subchapter C of this chapter, shall govern the authorization of the self-insurance privilege under the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424; 33 U.S.C. 901), as extended by the Outer Continental Shelf Lands Act (67 Stat. 462; 43 U.S.C. 1331). An application shall contain (a) a statement of the amount of the employer's payroll of employees engaged in operations within the purview of section 4 (b) of the Outer Continental Shelf Lands Act (67 Stat. 463; 43 U. S. C. 1333) for the preceding twelve months; (b) a statement by classifications of the average number of employees engaged in employments within the purview of said section 4 (b) of the Outer Continental Shelf Lands Act for the preceding twelve months; (c) a statement of the number of injuries to such employees resulting in disability of more than seven days, duration, or in death, during each of three years next preceding the date of the application; (d) an itemized statement of the assets and liabilities of the employer, and current profit and loss statement; (e) a description of the safety organization maintained by the employer for the prevention of injuries at his places of work; (f) a description of the facilities maintained or the arrangements made for the medical and hospital care of injured employees; (g) a statement describing any excess loss insurance or stop-loss insurance rangement made by the employer, giving the name of the carrier, with full details of any such excess loss coverage; and (h) a statement describing the plan adopted by the employer to set aside a reserve fund for the payment of workmen's compensation benefits (and loss

ar

adjustment expenses) under the Longshoremen's and Harbor Workers' Compensation Act as extended by the Outer Continental Shelf Lands Act. Such application shall be signed by the applicant over his typewritten name and if the applicant is not an individual, by the principal officer of the applicant duly authorized to make such application, over his typewritten name and official designation, and shall be sworn to by him. If the applicant is a corporation, the corporate seal shall be affixed The application shall be filed with the Bureau. The Bureau in its discretion may require the applicant to submit such further information or such evidence as the Bureau may deem necessary to have in order to enable it to give adequate consideration to such application. The regulations in this part shall be binding upon each applicant hereunder and the applicant's consent to be bound by all requirements of the said regulations shall be deemed to be included in and a part of the application, as fully as though specifically stated in writing therein.

§ 83.2 Reports required of self-insurers; examination of accounts of self-in

surer.

(a) At such times as the Bureau may require or prescribe, each self-insurer shall submit such of the following reports as may be requested:

(1) A sworn itemized statement of the self-insurer's assets and liabilities (or a balance sheet), and current profit and loss statement.

(2) A sworn statement showing by classifications the payroll of employees of the self-insurer who are engaged in employments within the purview of operations described in section 4 (b) of the Outer Continental Shelf Lands Act (67 Stat. 463; 43 U. S. C. 1333).

(3) A sworn statement of payments of compensation in current cases during any specified quarter, showing the nature of injury in each case.

(4) A sworn statement covering the six months' period preceding the date of such report, listing by compensation districts all death and injury cases which have occurred during such period, together with a report of the status of all outstanding claims, showing the particulars of each case.

(b) Whenever it deems it to be necessary, the Bureau may inspect or examine

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 CERTIFI-
CATES 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; 83 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.

(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.

(a) Pursuant to the provisions of section 39 (b) of the Longshoremen's Act and section 2(a) (4) of the act of June 19, 1952 (66 Stat. 139, 5 U.S.C. 150k-1, as amended by section 1, 72 Stat. 397), there are established the following compensation districts for the administration of this subchapter:

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.

State

Comprises the 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