[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 47088-47089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22259]



[[Page 47087]]

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Part VI





Department of Labor





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



29 CFR Part 18



Use of Settlement Judges in Longshore and Related Proceedings Before 
the Office of Administrative Law Judges; Final Rule

  Federal Register / Vol. 64, No. 166 / Friday, August 27, 1999 / Rules 
and Regulations  

[[Page 47088]]



DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 18

RIN 1290-AA20


Use of Settlement Judges in Longshore and Related Proceedings 
Before the Office of Administrative Law Judges

AGENCY: Office of the Secretary, Labor.

ACTION: Final rule.

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SUMMARY: Settlement judges have been made available, with certain 
exceptions, for proceedings before the Office of Administrative Law 
Judges since mid-August 1993. Cases arising pursuant to the Longshore 
and Harbor Workers' Compensation Act and related statutes, however, 
were excluded from the formal settlement judge procedure because of the 
high rate of settlement already existing in that program. Existing 
methods of promoting settlements, both before the Office of Workers' 
Compensation Programs and the Office of Administrative Law Judges, 
continue to accommodate high rates of resolution of cases without the 
need for a formal hearing. Experience with the settlement judge 
procedure, however, indicates that making settlement judges available 
in cases arising pursuant to the Longshore and Harbor Workers' 
Compensation Act and related statutes would be appropriate and 
beneficial where the parties consent to the appointment, and the Chief 
Administrative Law Judge concludes that such an appointment is a 
prudent use of resources. The Rules of Practice and Procedure for 
Administrative Hearings Before the Office of Administrative Law Judges, 
therefore, is hereby amended to permit the appointment of settlement 
judges in cases arising out of Longshore and Harbor Workers' 
Compensation Act, 33 U.S.C. 901 et seq., the Defense Base Act, the 
Outer Continental Shelf Lands Act, the Nonappropriated Fund 
Instrumentalities Act, and the former District of Columbia Workmen's 
Compensation Act.

EFFECTIVE DATE: August 27, 1999.

FOR FURTHER INFORMATION CONTACT: John M. Vittone, Chief Administrative 
Law Judge, U.S. Department of Labor, Office of Administrative Law 
Judges, 800 K St, NW., Suite 400-N, Washington, DC 20001, Telephone: 
(202) 565-5341.

SUPPLEMENTARY INFORMATION: Settlement judges have been made available, 
with certain exceptions, for proceedings before the Office of 
Administrative Law Judges since mid-August 1993. See 58 FR 38498 (July 
16, 1993). One variety of proceeding in which settlement judge 
proceedings have not been available is cases arising pursuant to the 
Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq., 
and related statutes. The related statutes include the Longshore Act's 
direct extensions--the Defense Base Act, the Outer Continental Shelf 
Lands Act, Nonappropriated Fund Instrumentalities Act--and the former 
District of Columbia Workmen's Compensation Act, 45 Stat. 600.
    The Longshore and directly related workers' compensation cases were 
excluded from the formal settlement judge procedure because existing 
techniques for promoting settlements in such cases were already 
achieving significant rates of settlement in cases pending before the 
administrative law judges. Success in the use of settlement judges in 
other case areas, and interest in the procedure arising from the 
workers' compensation bar, however, indicates that it would be 
beneficial and appropriate to make the settlement judge procedure 
available in proceedings arising pursuant to the Longshore Act and the 
aforementioned related statutes. Accordingly, the following rule would 
end the exclusion of such cases from the settlement judge provision of 
the Rules of Practice and Procedure for Administrative Hearings Before 
the Office of Administrative Law Judges.
    This amendment of the settlement judge rule is not intended to 
supplant informal methods of dispute resolution long used successfully 
in Longshore and related cases, such as the informal conference before 
the Office of Workers' Compensation Programs, or settlement conferences 
before the presiding administrative law judge. Rather, it is intended 
to provide an additional method of dispute resolution in cases where 
the parties are unable to resolve the issues at the OWCP district 
office level, one or more party has requested a formal hearing, all 
consent to the appointment of a settlement judge, and the Chief 
Administrative Law Judge concludes that such an appointment represents 
a prudent use of resources. Settlements reached before a settlement 
judge remain subject to review by the presiding administrative law 
judge in accordance with section 8(i) of the Longshore and Harbor 
Workers' Compensation Act, 33 U.S.C. 908(i). Moreover, the availability 
of the settlement judge process does not change existing law regarding 
the effect of settlements on petitions for Special Fund relief pursuant 
to section 8(f) of the Longshore Act, 33 U.S.C. 908(f).

Executive Order 12866

    This rule has been drafted and reviewed in accordance with section 
1(b) of Executive Order 12866, Principles of Regulation. The Department 
has determined that this rule is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), Regulatory Planning 
And Review. Accordingly, it does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that order.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule 
under section 553(b) of the Administrative Procedure Act (APA), the 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601) 
pertaining to regulatory flexibility do not apply to this rule. See 5 
U.S.C. 601(2).

Paperwork Reduction Act

    This final rule is not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501) since it does not contain any new 
collection of information requirements.

Publication in Final

    The Department has determined that these amendments need not be 
published as a proposed rule, as is generally required by the APA (5 
U.S.C. 553), since this rulemaking merely reflects agency organization, 
procedure, or practice. It is thus exempt from notice and comment by 
virtue of section 553(b)(A).

Effective Date

    This document will become effective upon publication pursuant to 5 
U.S.C. 553(d). The undersigned has determined that good cause exists 
for waiving the customary requirement for delay in the effective date 
of a final rule for 30 days following its publication. This 
determination is based upon the fact that the rule is technical and 
nonsubstantive, and merely reflects agency organization, practice and 
procedure.

Small Business Regulatory Fairness Act of 1996

    This rule is not classified as a ``rule'' under Chapter 8 of the 
Small Business Regulatory Fairness Act of 1996, because it is a rule 
pertaining to agency organization, procedure, or practice that does not 
substantially affect the rights or obligations of non-agency parties. 
See 5 U.S.C. 804(3)(C).

[[Page 47089]]

List of Subjects in 29 CFR Part 18

    Administrative practice and procedure.

    Accordingly, part 18 of title 29 of the Code of Federal Regulations 
is amended as follows:

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

    1. The authority citation for part 18 continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; 
E.O. 12778; 57 FR 7292.

    2. Section 18.9 is amended by revising paragraph (e)(2) to read as 
follows:


Sec. 18.9  Consent order or settlement; settlement judge procedure.

* * * * *
    (e) * * *
    (2) How initiated. A settlement judge may be appointed by the Chief 
Administrative Law judge upon a request by a party or the presiding 
administrative law judge. The Chief Administrative Law Judge has sole 
discretion to decide whether to appoint a settlement judge, except that 
a settlement judge shall not be appointed when--
    (i) A party objects to referral of the matter to a settlement 
judge;
    (ii) Such appointment is inconsistent with a statute, executive 
order, or regulation;
    (iii) The proceeding arises pursuant to Title IV of the Federal 
Mine Safety and Health Act, 30 U.S.C. 901 et seq., also known as the 
Black Lung Benefits Act.
* * * * *

    Signed at Washington, DC, this 20th day of August, 1999.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 99-22259 Filed 8-26-99; 8:45 am]
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