[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 60861-60863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24546]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Parts 2700, 2701, 2702, 2704, 2705, 2706


Commission Address Change

AGENCY: Federal Mine Safety and Health Review Commission (FMSHRC)

[[Page 60862]]


ACTION: Final rule.

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SUMMARY: The Federal Mine Safety and Health Review Commission is 
amending its regulations to reflect changes to the addresses of its 
Headquarters office, and one of its Offices of Administrative Law 
Judges. FMSHRC is relocating its Headquarters office and one of its 
Offices of Administrative Law Judges, and these amendments to the 
regulations are necessary to inform the public of FMSHRC's new address.

DATES: This final rule will take effect on September 30, 2002.

ADDRESSES: This final rule is available on FMSHRC's Internet site, 
http://www.fmshrc.gov at the ``What's New/Recent Developments'' icons.

FOR FURTHER INFORMATION CONTACT: Sarah Stewart, Deputy General Counsel, 
Office of the General Counsel, Federal Mine Safety and Health Review 
Commission, 1730 K Street, NW., 6th Floor, Washington, DC 20006, 202-
653-5610, before September 30, 2002, and 601 New Jersey Avenue, NW., 
Suite 9500, Washington, DC 20001, (202) 434-9935, thereafter.

SUPPLEMENTARY INFORMATION:

A. Background

    On September 30, 2002, FMSHRC will move its Headquarters office 
from 1730 K Street, NW, 6th Floor, Washington, DC 20006 to 601 New 
Jersey Avenue, NW, Suite 9500, Washington, DC 20001. On that same date, 
FMSHRC will move its Office of Administrative Law Judges from Skyline 
Towers No. 2, Tenth Floor, 5203 Leesburg Pike, Falls Church, Virginia 
22041 to 601 New Jersey Avenue, NW, Suite 9500, Washington, DC 20001. 
The Office of Administrative Law Judges presently located at 1244 Speer 
Boulevard, Suite 280, Denver, Colorado 80204, will remain at that 
location.
    Because this amendment deals with agency management and procedures, 
the notice and comment provisions of the Administrative Procedure Act 
do not apply pursuant to 5 U.S.C. 553(a)(2) and (b)(3)(A).
    Good cause exists to dispense with the usual 30-day delay in the 
effective date because the amendments are of a minor and administrative 
nature dealing with only a change in address.

B. Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1955 
(44 U.S.C. 3501 et seq.).

C. Executive Order 12866 Regulatory Planning and Review

    This final rule is not a ``regulatory action'' under section 3 of 
Executive Order 12866, and has not been reviewed by the Office of 
Management and Budget. The rule is an administrative action that 
changes the address of a Federal agency. Because the rule is limited to 
agency organization, management and personnel, it falls within the 
exclusion set forth in section 3(d)(3) of the Executive Order.
    In promulgating this rule, FMSHRC has adhered to the regulatory 
philosophy and applicable principles of regulation set forth in section 
1 of the Executive Order.

D. Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995, this rule 
does not include any Federal mandate that may result in increased 
expenditures by State, local or tribal governments, or by the private 
sector.

List of Subjects

29 CFR Part 2700

    Administrative practice and procedure, Mine safety and health, 
Penalties, Whistleblowing.

29 CFR Part 2701

    Sunshine Act.

29 CFR Part 2702

    Freedom of information.

29 CFR Part 2704

    Claims, Equal access to justice.

29 CFR Part 2705

    Privacy.

29 CFR Part 2706

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.
    Accordingly, Chapter XXVII of Title 29 of the Code of Federal 
Regulations is amended as follows:

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.


Sec.  2700.4  [Amended]

    2. In Sec.  2700.4(b)(1), the address for the Executive Director, 
Federal Mine Safety and Health Review Commission, is revised from 
``1730 K Street, NW., Sixth Floor, Washington, DC 20006-3867'' to read 
``601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001''.


Sec.  2700.5  [Amended]

    3. In Sec.  2700.5(b), the address for the Docket Office, Federal 
Mine Safety and Health Review Commission, is revised from ``1730 K 
Street, NW., Sixth Floor, Washington, DC 20006-3867'' to read ``601 New 
Jersey Avenue, NW., Suite 9500, Washington, DC 20001; facsimile 
delivery as allowed by these rules (see Sec.  2700.5(d)), shall be 
transmitted to (202) 434-9954''.

    4. In Sec.  2700.5(g), the address for the Office of General 
Counsel or the Docket Office of the Federal Mine Safety and Health 
Review Commission is revised from ``1730 K St., NW., Sixth Floor, 
Washington, DC 20006-3867'' to read ``601 New Jersey Avenue, NW., Suite 
9500, Washington, DC 20001''.


Sec.  2700.82  [Amended]

    5. In Sec.  2700.82(d), the address for the Office of General 
Counsel or the Docket Office of the Federal Mine Safety and Health 
Review Commission is revised from ``1730 K Street, NW., Sixth Floor, 
Washington, DC 20006-3867'' to read ``601 New Jersey Avenue, NW., Suite 
9500, Washington, DC 20001''.

PART 2701--GOVERNMENT IN THE SUNSHINE ACT REGULATIONS

    6. The authority citation for part 2701 continues to read as 
follows:

    Authority: Sec. 113, Federal Mine Safety and Health Act of 1977, 
Pub. L. 95-165 (30 U.S.C. 823).


Sec.  2701.4  [Amended]

    7. In Sec.  2701.4, the address for the Office of the Executive 
Director, Federal Mine Safety and Health Review Commission, is revised 
from ``1730 K Street, NW., Washington, DC 20006'' to read ``601 New 
Jersey Avenue, NW., Suite 9500, Washington, DC 20001''.

PART 2702--REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT

    8. The authority citation for part 2702 continues to read as 
follows:

    Authority: Sec. 113, Federal Mine Safety and Health Act of 1977, 
Pub. L. 95-165 (30 U.S.C. 801 et seq.); 5 U.S.C. 552; Pub. L. 104-
231, October 2, 1996, 110 Stat. 3048.


    9. Section 2702.2 is revised to read as follows:


Sec.  2702.2  Location of offices.

    The Commission maintains its Headquarters office at 601 New Jersey 
Avenue, NW., Suite 9500, Washington, DC 20001. It has two offices for 
Administrative Law Judges, one at 601 New Jersey Avenue, NW., Suite 
9500,

[[Page 60863]]

Washington, DC 20001, and the other at 1244 Speer Boulevard, Suite 280, 
Denver, Colorado 80204-3582.


Sec.  2702.3  [Amended]

    10. In Sec.  2702.3(a), the address for the Executive Director, 
Federal Mine Safety and Health Review Commission, is revised from ``6th 
Floor, 1730 K Street NW., Washington, DC 20006-3867'' to read ``601 New 
Jersey Avenue, NW., Suite 9500, Washington, DC 20001''.

PART 2704--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 
COMMISSION PROCEEDINGS

    11. The authority citation for part 2704 continues to read as 
follows:

    Authority: (5 U.S.C. 504(c)(1); Pub. L. 99-80, 99 Stat. 183; 
Pub. L. 104-121, 110 Stat. 862.


Sec.  2704.201  [Amended]

    12. In Sec.  2704.201(a), the address for the Chief Administrative 
Law Judge of the Commission is revised from ``1730 K Street NW, 6th 
Floor, Washington, DC 20006'' to read ``601 New Jersey Avenue, NW., 
Suite 9500, Washington, DC 20001''.


Sec.  2704.308  [Amended]

    13. In Sec.  2704.308(b), the address for the Commission is revised 
from ``1730 K Street NW., Washington, DC 20006'' to read ``601 New 
Jersey Avenue, NW., Suite 9500, Washington, DC 20001''.

PART 2705--PRIVACY ACT IMPLEMENTATION

    14. The authority citation for part 2705 continues to read as 
follows:

    Authority: 5 U.S.C. 552a; Pub. L. 93-579.


Sec.  2705.4  [Amended]

    15. In Sec.  2705.4, the address for the Executive Director of the 
Commission is revised from ``1730 K Street NW., Room 612, Washington, 
DC 20006'' to read ``601 New Jersey Avenue, NW., Suite 9500, 
Washington, DC 20001''.


Sec.  2705.8  [Amended]

    16. In Sec.  2705.8, the address for the Chairman, Federal Mine 
Safety and Health Review Commission, is revised from ``1730 K Street 
NW., Room 610, Washington, DC 20006'' to read ``601 New Jersey Avenue, 
NW., Suite 9500, Washington, DC 20001''.

PART 2706--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL MINE 
SAFETY AND HEALTH REVIEW COMMISSION

    17. The authority citation for part 2706 continues to read as 
follows:

    Authority: 29 U.S.C. 794.


Sec.  2706.170  [Amended]

    18. In Sec.  2706.170(c), the address for the General Counsel, 
Federal Mine Safety and Health Review Commission, is revised from 
``1730 K Street NW., Suite 600, Washington, DC 20001'' to read ``601 
New Jersey Avenue, NW., Suite 9500, Washington, DC 20001''.

    Dated: September 20, 2002.
Richard L. Baker,
Executive Director, Federal Mine Safety and Health Review Commission.
[FR Doc. 02-24546 Filed 9-26-02; 8:45 am]
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