[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Rules and Regulations]
[Page 18485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9143]



[[Page 18485]]

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2700


Procedural Rules; Correction

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains a correction to the final regulations 
which were published in the Federal Register of Wednesday, September 8, 
1999 (64 FR 48707). Those regulations amended the procedural rules of 
the Federal Mine Safety and Health Review Commission.

DATES: Effective April 16, 2002.

FOR FURTHER INFORMATION CONTACT: Thomas A. Stock, Acting General 
Counsel, Office of the General Counsel, Federal Mine Safety and Health 
Review Commission, 1730 K Street, NW, 6th Floor, Washington, DC 20006, 
telephone 202-653-5610 (202-566-2673 for TDD Relay). These are not 
toll-free numbers.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 1999 (64 FR 48707), the Federal Mine Safety and 
Health Review Commission published in the Federal Register as final 
rules various amendments to its procedural rules. With respect to 
Sec. 2700.76, the Commission's procedural rule relating to 
interlocutory review, the Commission intended to revise only the 
introductory text of paragraph (a), and to leave unchanged paragraphs 
(a)(1) and(a)(2), as well as paragraphs (b) through (d). As published, 
paragraphs (a)(1) and (a)(2) were inadvertently omitted from 
Sec. 2700.76.

Need for Correction

    As published, Sec. 2700.76(a) does not contain paragraphs (a)(1) 
and (a)(2), which were intended to be included in the rule. This 
document corrects that omission and restores those paragraphs which 
were inadvertently omitted.

List of Subjects in 29 CFR Part 2700

    Administrative practice and procedure, Ex parte communications, 
Lawyers, Penalties.


    Accordingly, 29 CFR part 2700 is corrected by making the following 
correcting amendment:

PART 2700--PROCEDURAL RULES

    1. The authority citation for part 2700 continues to read as 
follows:

    Authority: 30 U.S.C. 815, 820 and 823.


    2. Revise paragraph (a) of Sec. 2700.76 to read as follows:


Sec. 2700.76  Interlocutory review.

    (a) Procedure. Interlocutory review by the Commission shall not be 
a matter of right but of the sound discretion of the Commission. 
Procedures governing petitions for review of temporary reinstatement 
orders are found at Sec. 2700.45(f).
    (1) Review cannot be granted unless:
    (i) The judge has certified, upon his own motion or the motion of a 
party, that his interlocutory ruling involves a controlling question of 
law and that in his opinion immediate review will materially advance 
the final disposition of the proceeding; or
    (ii) The Judge has denied a party's motion for certification of the 
interlocutory ruling to the Commission, and the party files with the 
Commission a petition for interlocutory review within 30 days of the 
Judge's denial of such motion for certification.
    (2) In the case of either paragraph (a)(1)(i) or (ii) of this 
section, the Commission, by a majority vote of the full Commission or a 
majority vote of a duly constituted panel of the Commission, may grant 
interlocutory review upon a determination that the Judge's 
interlocutory ruling involves a controlling question of law and that 
immediate review may materially advance the final disposition of the 
proceeding. Interlocutory review by the Commission shall not operate to 
suspend the hearing unless otherwise ordered by the Commission. Any 
grant or denial of interlocutory review shall be by written order of 
the Commission.
* * * * *

    Dated: April 9, 2002.
Theodore F. Verheggen,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. 02-9143 Filed 4-15-02; 8:45 am]
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