[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Rules and Regulations]
[Pages 56491-56492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22783]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Parts 2200 and 2203


Rules of Procedure; Regulations Implementing the Government in 
the Sunshine Act; Corrections and Technical Amendments

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Final rule; corrections and technical amendments.

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SUMMARY: The Occupational Safety and Health Review Commission (OSHRC) 
is making corrections and technical amendments to its rules and 
regulations, which include revisions to its address and regularly 
scheduled meeting time, as well as corrections of erroneous cross-
references and a typographical error.

DATES: Effective on September 29, 2008.

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office 
of the General Counsel, by telephone at (202) 606-5410, by e-mail at 
[email protected], or by mail at: 1120--20th Street, NW., Ninth Floor, 
Washington, DC 20036-3457.

SUPPLEMENTARY INFORMATION: 

I. Background

    OSHRC is making several corrections and technical amendments to its 
Rules of Procedure found at 29 CFR part 2200, and its Regulations 
Implementing the Government in Sunshine Act found at 29 CFR part 2203.
    As to 29 CFR part 2200, OSHRC is correcting a typographical error 
in Sec.  2200.63(b) by removing ``zequesten[cent]'' and adding in its 
place ``requested.'' Also, in Sec. Sec.  2200.57(a) and 2200.96, OSHRC 
is amending the reference to its nine-digit ZIP code, which has been 
changed from 20036-3419 to 20036-3457. Finally, OSHRC is correcting 
cross-references that should have been amended when OSHRC revised its 
Rules of Procedure on July 3, 1997 (62 FR 35961). In that revision, 
OSHRC reduced the period specified in Sec.  2200.90(b)(2) for 
transmitting a judge's decision to the Executive Secretary from 20 days 
to 10 days. This 20-day period was previously cross-referenced in 
Sec. Sec.  2200.91(c) and 2200.209(g), but was inadvertently left 
unchanged. Therefore, Sec.  2200.91(c), which refers to ``the 20 days 
provided by Sec.  2200.90(b),'' is corrected to read ``the 10 days 
provided by Sec.  2200.90(b)''; and Sec.  2200.209(g), which refers to 
the ``21 day period provided for in rule Sec.  2200.90(b)(2),'' is 
corrected to read the ``11-day period provided for in rule Sec.  
2200.90(b)(2).''
    As to 29 CFR part 2203, OSHRC is amending the time of its 
regularly-scheduled meetings. Sections 2203.2 (definition of 
``Regularly-scheduled meetings'') and 2203.4(c) presently state that 
such meetings are held at 10 a.m. every Thursday, except for legal 
holidays. In both sections, this meeting time is being amended to 
``10:30 a.m.'' every Thursday, except for legal holidays. Also, in 
Sec. Sec.  2203.4(c) and 2203.7(b), OSHRC is amending the reference to 
its nine-digit ZIP code from 20036-3419 to 20036-3457.

II. Statutory and Executive Order Reviews

    Waiver of Proposed Rulemaking: For good cause, OSHRC finds that 
prior notice and opportunity for comment on these changes are 
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B), because the amendments 
and corrections to the affected sections are merely technical in nature 
and propose no substantive changes on which public comment could be 
solicited.
    Waiver of 30-Day Delayed Effective Date Requirement: OSHRC finds 
that good cause exists for the final rule to be exempt from the 30-day 
delayed effective date requirement of 5 U.S.C. 553(d) because a delay 
in clarifying these rules would be contrary to the public interest.
    Executive Orders 12866 and 13132, and the Unfunded Mandates Reform 
Act of 1995: OSHRC is an independent regulatory agency, and, as such, 
is not subject to the requirements of E.O. 12866, E.O. 13132, or the 
Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq.
    Regulatory Flexibility Act: OSHRC has determined that this 
rulemaking is exempt from the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 604(a), because, as noted, a general notice 
of proposed rulemaking is not required under 5 U.S.C. 553(b).
    Paperwork Reduction Act of 1995: OSHRC has determined that the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is not applicable here 
because this final rule contains no information collection requirements 
that require the approval of OMB.
    Congressional Notification: OSHRC has determined that the 
Congressional Review Act, 5 U.S.C. 801, is not

[[Page 56492]]

applicable here because, pursuant to 5 U.S.C. 804(3)(C), this final 
rule ``does not substantially affect the rights or obligations of non-
agency parties.''

List of Subjects

29 CFR Part 2200

    Administrative practice and procedure.

29 CFR Part 2203

    Sunshine Act.

    Signed at Washington, DC, on the 23rd day of September, 2008.
Horace A. Thompson III,
Chairman.
Thomasina V. Rogers,
Commissioner.

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Accordingly, 29 CFR parts 2200 and 2203 are corrected by making the 
following amendments:

PART 2200--RULES OF PROCEDURE

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1. The authority citation for part 2200 continues to read as follows:

    Authority: 29 U.S.C. 661(g), unless otherwise noted. Section 
2200.96 is also issued under 28 U.S.C. 2112(a).


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2. In Sec.  2200.57, paragraph (a), in the third sentence, remove the 
ZIP code suffix ``3419'' and add, in its place, ``3457''.

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3. In Sec.  2200.63, paragraph (b), correct ``zequesten[cent]'' to read 
``requested''.

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4. In Sec.  2200.91, paragraph (c), in the fourth sentence, remove the 
number ``20'' and add, in its place, ``10''.

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5. In Sec.  2200.96, in the first sentence, remove the ZIP code suffix 
``3419'' and add, in its place, ``3457''.

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6. In Sec.  2200.209, paragraph (g), in the last sentence, remove the 
phrase ``21 day'' and add, in its place, ``11-day''.

PART 2203--REGULATIONS IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE 
ACT

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7. The authority citation for part 2203 continues to read as follows:


    Authority: 29 U.S.C. 661(g); 5 U.S.C. 552b(d)(4); 5 U.S.C. 
552b(g).


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8. In Sec.  2203.2, in the definition of ``Regularly-scheduled 
meetings,'' remove the time ``10:00 a.m.'' and add, in its place, 
``10:30 a.m.''

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9. In Sec.  2203.4, paragraph (c), in the first sentence, remove the 
time ``10:00 a.m.'' and add, in its place, ``10:30 a.m.''

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10. In Sec.  2203.4, paragraph (c), in the first sentence, remove the 
ZIP code suffix ``3419'' and add, in its place, ``3457''.

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11. In Sec.  2203.7, paragraph (b), in the third sentence, remove the 
ZIP code suffix ``3419'' and add, in its place, ``3457''.

[FR Doc. E8-22783 Filed 9-26-08; 8:45 am]
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