[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Proposed Rules]
[Page 1673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-800]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2700


Procedural Rules

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking that 
proposed adding a new procedural rule setting forth settlement 
procedures for cases that come before the Federal Mine Safety and 
Health Review Commission. The new procedures were to be instituted as a 
pilot program for a two-year trial period. Since the issuance of the 
notice of proposed rulemaking, the Commission has reelvaluated the 
pilot program and has determined that withdrawal of the notice is 
appropriate at this time.

FOR FURTHER INFORMATION CONTACT: Norman M. Gleichman, General Counsel, 
Federal Mine Safety and Health Review Commission, 1730 K Street, NW., 
6th Floor, Washington, DC 20006; telephone 202-653-5610 (202-653-2673 
for TDD relay). Telephone numbers are not toll-free.

SUPPLEMENTARY INFORMATION: On November 10, 1999, the Commission issued 
a notice of proposed rulemaking, which proposed amending its procedural 
rules, 29 CFR part 2700, by adding a new procedural rule setting forth 
settlement procedures which were intended to facilitate and promote the 
pre-hearing settlement of contested cases that come before the 
Commission (64 FR 61236-39). The Commission's procedural rules are 
currently silent regarding procedures to be utilized by administrative 
law judges (``ALJs'') to facilitate the settlement of contested cases. 
The procedures used in a given case to foster pre-hearing settlement of 
disputes have been determined informally by the individual ALJ assigned 
to the case. The proposed rule, 29 CFR 2700.85, was intended to provide 
a structured and formal system for settlement, which would be initiated 
by the appointing of a settlement judge on the motion of any party or 
on the chief administrative law judge's own initiative.
    In response to a request by the Department of Labor's Office of the 
Solicitor, the Commission extended the comment period on the proposed 
rule for 30 days. 64 FR 68649 (Dec. 8, 1999). The Commission 
subsequently received comments suggesting, in part, that the settlement 
procedures should be initiated with the consent of all parties. In 
considering those comments, the Commission further examined the 
percentage of cases that settled and the length of time it took to 
reach settlement under the current informal system. Based upon that 
examination, the Commission has reconsidered the utility of a formal 
settlement system at the present time, and shall further evaluate the 
best means of effectuating the consensual resolution of disputes.
    Withdrawal of the notice of proposed rulemaking constitutes only 
such action, and does not preclude the Commission from issuing another 
notice in the future, nor does it commit the Commission to any course 
of action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, or the Regulatory Flexibility Act (5 
U.S.C. 601-612).

List of Subjects in 29 CFR Part 2700

    Hearing and appeal procedures, Administrative practice and 
procedure, Ex parte communications, Lawyers.

Withdrawal of Notice of Proposed Rulemaking

    Accordingly, the notice of proposed rulemaking that was published 
by the Commission in the Federal Register on November 10, 1999 (64 FR 
61236-39) is withdrawn.

    Dated: January 7, 2002.
Theodore F. Verheggen,
Chairman.
[FR Doc. 02-800 Filed 1-11-02; 8:45 am]
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