[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Rules and Regulations]
[Pages 54904-54906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15582]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Parts 2700, 2704, and 2705


Procedural Rules

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: This document makes technical amendments to the Federal Mine 
Safety and Health Review Commission's procedural rules and regulations 
implementing the Equal Access to Justice Act and Privacy Act.

DATES: Effective October 3, 2006.

FOR FURTHER INFORMATION CONTACT: Thomas A. Stock, General Counsel, 
Office of the General Counsel, Federal Mine Safety and Health Review 
Commission, 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 
20001; telephone 202-434-9935; facsimile 202-434-9944.

SUPPLEMENTARY INFORMATION: 

Background

    On August 4, 2006, the Federal Mine Safety and Health Review 
Commission

[[Page 54905]]

published a final rule in the Federal Register, setting forth revisions 
to its procedural rules (29 CFR part 2700) and regulations implementing 
the Equal Access to Justice Act (``EAJA'') (29 CFR part 2704) and 
Privacy Act (29 CFR part 2705). 71 FR 44190. This rule in part makes 
technical amendments that conform with changes made in the August 4 
publication. In the August 4 final rule, the Commission amended 29 CFR 
2704.104 by removing paragraph (b)(2), which provided for the 
aggregation of assets or employees of affiliates of a prevailing party 
to determine eligibility for an EAJA award. 71 FR 44203, 44210. The 
Commission also in part redesignated paragraphs (b)(3) and (b)(4) of 
Sec.  2704.104 as paragraphs (b)(2) and (b)(3). 71 FR 44210. In these 
technical amendments, the Commission is revising 29 CFR 2704.202(b) and 
(c) to remove references to former section 2704.104(b)(2), and to 
``affiliates'' described in former Sec.  2704.104(b)(2).
    In addition, this technical amendment corrects errors made in 
publications of prior years. Specifically, the Commission is revising 
the reference to ``Sec.  1700.5(d)'' set forth in 29 CFR 2700.5(b) to 
correctly state a reference to ``Sec.  2700.5(e).'' The Commission is 
also revising 29 CFR 2704.106(a) to insert the word ``or'' so that the 
paragraph reads in part that ``[a]wards will be based on rates 
customarily charged by persons engaged in the business of or acting as 
attorneys, agents and expert witnesses.'' Further, the Commission is 
making three minor punctuation changes. First, the Commission is 
revising 29 CFR 2704.103(a)(3) by replacing the semi-colon at the end 
of the paragraph with a period. Second, the Commission is revising 29 
CFR 2704.104(b)(1) by replacing the semi-colon at the end of the 
paragraph with a period. Third, the Commission is revising 29 CFR 
2705.2(c) by replacing the period at the end of the paragraph with a 
semi-colon. Finally, the Commission is replacing the term ``system or 
records'' in 29 CFR 2705.2(d) with ``system of records.'' All of the 
changes in this technical amendment are non-substantive.

List of Subjects

29 CFR Part 2700

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

29 CFR Part 2704

    Claims, Equal access to justice, Lawyers.

29 CFR Part 2705

    Privacy.


0
For the reasons stated in the preamble, the Commission amends 29 CFR 
parts 2700, 2704, and 2705 as follows:

PART 2700--PROCEDURAL RULES

0
1. The authority citation for part 2700 continues to read as follows:

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


0
2. The second sentence of paragraph (b) of Sec.  2700.5 is revised to 
read as follows:


Sec.  2700.5  General requirements for pleadings and other documents; 
status or informational requests.

* * * * *
    (b) * * * Documents filed with the Commission shall be addressed to 
the Executive Director and mailed or delivered to the Docket Office, 
Federal Mine Safety and Health Review Commission, 601 New Jersey 
Avenue, NW., Suite 9500, Washington, DC 20001; facsimile delivery as 
allowed by these rules (see Sec.  2700.5(e)), shall be transmitted to 
(202) 434-9954. * * *
* * * * *

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

0
3. 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.


0
4. Section 2704.103 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  2704.103  Proceedings covered.

    (a) * * *
    (3) Challenges to claims of discrimination under section 105(c) of 
the Mine Act (30 U.S.C. 815(c)) where the Secretary of Labor represents 
the miner.
* * * * *

0
5. Section 2704.104 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  2704.104  Eligibility of applicants.

* * * * *
    (b) * * *
    (1) The employees of an applicant include all persons who regularly 
perform services for remuneration for the applicant, under the 
applicant's direction and control. Part-time employees shall be 
included on a proportional basis.
* * * * *

0
6. Paragraph (a) of Sec.  2704.106 is revised to read as follows:


Sec.  2704.106  Allowable fees and expenses.

    (a) Awards will be based on rates customarily charged by persons 
engaged in the business of or acting as attorneys, agents and expert 
witnesses, even if the services were made available without charge or 
at a reduced rate to the applicant.
* * * * *

0
7. Paragraphs (b) and (c) of Sec.  2704.202 are revised to read as 
follows:


Sec.  2704.202  Contents of application--where the applicant has 
prevailed.

* * * * *
    (b) The application also shall include a statement that the 
applicant's net worth does not exceed $2 million (if an individual) or 
$7 million (for all other applicants).
    (c) Each applicant must provide with its application a detailed 
exhibit showing the net worth of the applicant when the underlying 
proceeding was initiated. The exhibit may be in any form convenient to 
the applicant that provides full disclosure of the applicant's assets 
and liabilities and is sufficient to determine whether the applicant 
qualifies under the standards in this part. The administrative law 
judge may require an applicant to file additional information to 
determine its eligibility for an award.

PART 2705--PRIVACY ACT IMPLEMENTATION

0
8. The authority citation for part 2705 continues to read as follows:

    Authority: 5 U.S.C. 552a; Pub. L. 93-579, 88 Stat. 1896.


0
9. Paragraphs (c) and (d) of Sec.  2705.2 are revised to read as 
follows:


Sec.  2705.2  Definitions.

* * * * *
    (c) The term record means any item, collection or grouping of 
information about an individual that is maintained by the Commission, 
including, but not limited to, his or her employment history, payroll 
information, and financial transactions and that contains his or her 
name, or the identifying number, symbol, or other identifying 
particular assigned to the individual, such as social security number;
    (d) The term system of records means a group of any records under 
control of the Commission from which information is retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying

[[Page 54906]]

particular assigned to the individual; and
* * * * *

    Dated: September 12, 2006.
Michael F. Duffy,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. E6-15582 Filed 9-19-06; 8:45 am]
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