[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Rules and Regulations]
[Pages 77354-77359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29842]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2700


Procedural Rules To Permit Parties To File and Serve Documents 
Electronically

AGENCY: Federal Mine Safety and Health Review Commission

ACTION: Interim rule with request for comments.

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SUMMARY: The Federal Mine Safety and Health Review Commission is 
amending its procedural rules to permit parties to file and serve 
documents electronically. The Commission is permitting electronic 
filing through an electronic case management system that the Commission 
will implement in 2014. The electronic case management system will 
allow the Commission to manage its caseload more efficiently.

DATES: This interim rule will take effect on January 22, 2014. The 
Commission will accept written and electronic comments received on or 
before April 22, 2014.

ADDRESSES: Electronic comments should state ``Comments on Electronic 
Rule Changes'' in the subject line and be emailed to 
[email protected]. Written comments should be mailed to Michael A. 
McCord, General Counsel, Office of the General Counsel, Federal Mine 
Safety and Health Review Commission, 1331 Pennsylvania Avenue NW., 
Suite 520N, Washington, DC 20004-1710, or sent via facsimile to 202-
434-9944.

FOR FURTHER INFORMATION CONTACT: Michael A. McCord, General Counsel, 
Office of the General Counsel, Federal Mine Safety and Health Review 
Commission, at (202) 434-9935 or [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In 2014, the Commission will begin using a new electronic case 
management system (e-CMS) in order to more efficiently manage its 
caseload. The e-CMS has two main functions. It will manage files 
electronically for the Commission and allow parties to file documents 
electronically with the Commission. Although parties may file documents 
electronically through the system, parties may also continue to file 
documents non-electronically as they have in the past. The e-CMS simply 
provides parties with an electronic option for filing in addition to 
the methods they currently use.
    The Commission's e-CMS permits parties to file documents 
electronically through a portal which may be accessed on the 
Commission's Web site (www.fmshrc.gov). In order to use the system, 
parties will have to register to become a user by following 
instructions provided on the Commission's Web site. As part of the 
registration process, the party must enter an email address into the 
system. The Commission's e-CMS will not serve documents on parties 
electronically. If parties wish to serve other parties with documents 
electronically, they must email the documents to the intended 
recipients.
    The Commission is changing a few of its procedural rules through 
these interim rules to explicitly permit electronic filing and service. 
The intent of the rule changes is to promote efficiency, flexibility, 
and simplicity. The Commission invites comments on the rule changes, 
particularly after parties have experience using the e-CMS. The 
Commission intends to publish final rules approximately six to nine 
months after the interim rules become effective. The time for 
publishing final rules will be adjusted as necessary to address any 
issues.

B. Section-by-Section Analysis

    Set forth below is a summary of the changes made in these interim 
rules. Some conforming changes and minor editorial modifications are 
not discussed.

Section 2700.5 General Requirements for Pleadings and Other Documents; 
Status or Informational Requests

    Rule 5 has been revised to add a new paragraph (b), which describes 
how a party may file a document. For clarity, paragraph (b) 
specifically lists the various methods of filing. The rule provides in 
part that filing may be accomplished ``in person, by U.S Postal 
Service, by third-party commercial

[[Page 77355]]

carrier, by facsimile transmission, or by electronic transmission.'' 
Paragraph (b) also explains that the instructions for electronic filing 
are provided on the Commission's Web site (www.fmshrc.gov).
    Newly designated paragraph (f) of Rule 5 describes the effective 
dates for the specified methods of filing. The effective dates for 
filing set forth in Interim Rule 5 are largely unchanged from prior 
effective dates for filing.
    Prior to Interim Rule 5, when filing was by personal delivery or 
facsimile, filing was ``effective upon successful receipt by the 
Commission.'' 29 CFR Sec.  2700.5(e)(2). When filing was by mail, 
filing was ``effective upon mailing, except that the filing of a motion 
for extension of time, any document in an emergency response plan 
dispute proceeding, a petition for review of a temporary reinstatement 
order, a motion for summary decision, a petition for discretionary 
review, [and] a motion to exceed page limit [was] effective upon 
receipt.'' Id. (citations omitted).
    Under interim Rule 5(f)(2), filing by U.S. Postal Service is 
effective upon mailing except for the same exceptions noted above that 
have applied for the filing of a motion for extension of time, any 
document in an emergency response plan dispute proceeding, a petition 
for review of a temporary reinstatement order, a motion for summary 
decision, a petition for discretionary review, and a motion to exceed 
page limit. The filing of such documents is effective only upon 
receipt. When filing is in person, by third-party commercial carrier, 
or by facsimile, filing is effective upon successful receipt by the 
Commission.
    Interim Rule 5(f) newly provides, however, that when filing is by 
electronic transmission, filing is effective upon successful receipt by 
the Commission. When a document has been electronically filed with the 
Commission through the Commission's e-CMS, and the document has been 
successfully received by the Commission, an employee in the 
Commission's Docket Office will send an email to the filer indicating 
that the document has been successfully received. It is possible that a 
document which has been filed with the Commission's e-CMS will not be 
accepted as ``successfully received.'' For instance, an electronically 
filed document may not be ``successfully received'' if the filer erred 
in entering the docket number or failed to upload the document that was 
intended to be filed. When a document has not been ``successfully 
received,'' an employee in the Commission's Docket Office will send an 
email informing the filer that the document was not successfully 
received and describe the error that prevented successful receipt. The 
meaning of ``successful receipt'' for documents electronically filed 
through e-CMS will be described on the Commission's Web site.
    Interim Rule 5(g) changes the number of copies of documents 
required to be filed with the Commission. Previously the Commission's 
rules generally provided that in cases before a Judge, parties were 
required to file the original document, along with one copy for each 
docket, while in cases before the Commission, parties were required to 
file the original and six copies. See 29 CFR Sec.  2700.5(f). Under 
interim Rule 5(g), parties are required to file only the original 
document, unless otherwise ordered, regardless of whether the case is 
before a Judge or the Commission, and regardless of the method used for 
filing the document. In other words, only the original document should 
be filed whether the document is filed with a Judge or the Commission 
and whether the document is filed in person, by U.S. Postal Service, by 
third-party commercial carrier, by facsimile, or by electronic 
transmission.
    Interim Rule 5(j) clarifies that information concerning filing 
requirements, the status of cases, or docket information may be 
accessed through the Commission's Web site (www.fmshrc.gov).

Section 2700.6 Signing of Documents

    Rule 6 has been revised to add a new paragraph (a). New paragraph 
(a) describes what constitutes a signature for documents filed 
electronically and non-electronically. For documents not filed by 
electronic transmission, a party or representative of the party must 
sign a document by handwriting his or her signature. For documents 
filed by electronic transmission, a party may sign a document by 
including the notation ``/s/'' followed by the typewritten name of the 
party or representative, or by including a graphical duplicate of his 
or her signature. The meaning of a signature that complies with interim 
Rule 6(a) remains unchanged from that previously set forth in Rule 6 
prior to these interim rules. That is, when a party or a representative 
signs a document in the manner described in new paragraph (a), the 
signature shall constitute his or her certificate that he is authorized 
and qualified to represent the party and that he or she has read the 
document; that the document is well grounded in fact and warranted, and 
that it is not interposed for any improper purpose.

Section 2700.7 Service

    Rule 7 was amended by revising paragraph (c). Interim Rule 7(c)(1) 
describes the methods by which a document may be served on another 
party. As with filing, those methods include in person, by U.S. Postal 
Service, by third-party commercial carrier, by facsimile transmission 
and by electronic transmission. Because the Commission's e-CMS will not 
serve documents on other parties electronically, if a party wishes to 
serve a document electronically, the document must be served by email. 
Interim Rule 7(c)(1) also provides that for documents filed pursuant to 
Sec. Sec.  2700.9(a), 2700.24, 2700.45, 2700.70(f), 2700.75(f) and 
subpart F (applications for temporary relief), the method of service 
used must be no less expeditious than that used for filing, except that 
if service by email is impossible, the filing party must serve in 
person, by third party commercial carrier, or by facsimile 
transmission, resulting in same-day delivery. For instance, if a party 
electronically files a motion for an extension of time pursuant to 
Sec.  2700.9(a) but cannot serve the motion by email, the filing party 
must choose one of the other methods of service that results in same-
day delivery. Rule (7)(c)(1) was also revised to remove the page limit 
for documents served by facsimile.
    Interim Rule 7(c)(2) sets forth the effective dates for service. 
The effective dates for service are largely unchanged. Prior to the 
interim rules, Rule 7(c)(2) provided that when service is by personal 
delivery or facsimile, ``service is effective upon successful receipt 
by the party intended to be served,'' and that when service is by mail, 
service is effective upon mailing. Similarly, Interim Rule 7(c)(2) 
specifies that when service is by U.S. Postal service, service is 
effective upon mailing, and that when service is in person, by third-
party commercial carrier, or by facsimile, service is effective upon 
successful receipt of the party intended to be served. Interim Rule 
7(c)(2) adds a new provision that when service is by email, service is 
effective upon successful receipt by the party intended to be served.
    The provisions of paragraph (d) relating to service upon a 
representative set forth in former Rule 7 were moved and inserted in 
paragraph (a) of Interim Rule 7. Those provisions remain otherwise 
unchanged.
    The requirements for proof of service are set forth in Interim Rule 
7(d). Interim Rule 7(d) provides that all pleadings and other filed 
documents

[[Page 77356]]

shall be accompanied by a certification setting forth the date, method 
of service, and all contact information used. The requirements that the 
statement of proof must be a certification and that the contact 
information used to serve the document must be included in the 
certification are new.

Section 2700.8 Computation of Time

    Rule 8 was revised by adding a new paragraph (d). Since documents 
can be filed electronically with the Commission after the Commission's 
offices are closed, the Commission revised Rule 8 to specify the time 
for filing a document, which varies depending upon the method used for 
filing the document. Interim Rule 8(d) specifies that the due date for 
electronic filing and for filing by facsimile ends at midnight 
Washington, DC local time. For filing by other means, the due date ends 
at 5:00 p.m. Washington, DC local time.
    The Commission has not specified a time zone for service. The 
Commission may include a time zone for service in future rulemaking 
after it has gained experience with any issues relating to electronic 
filing and service.

Section 2700.9 Extensions of Time

    Paragraph (a) of Rule 9 was revised to provide that a motion for an 
extension of time and any statement in opposition shall include proof 
of service on all parties by a means of delivery no less expeditious 
than that used for filing the motion, except that if service by email 
is impossible, the filing party must serve in person, by third party 
commercial carrier, or by facsimile, resulting in same-day delivery.
    Similar changes have been made to Sec. Sec.  2700.24(d), 
2700.45(a), 2700.45(f), 2700.46(d), 2700.70(f), and 2700.75(f), and 
will not be discussed separately.

Section 2700.31 Penalty Settlement

    Paragraph (d)(1) of Rule 31 has been revised in part to state that 
filing is effective upon successful receipt by the Commission of a 
motion to approve settlement and proposed order that is filed 
electronically. Prior to Interim Rule 31, section 2700.31(d)(1) had 
provided that filing was effective upon the date of the electronic 
transmission of the motion and proposed order. See 29 CFR 
2700.31(d)(1). The Commission changed Interim Rule 31(d)(1) in this 
manner to make it consistent with other interim rule changes. Other 
conforming changes have been made to Rule 31.

C. Notice and Public Procedure

    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).
    The Commission 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.
    The Commission has determined that this rulemaking is exempt from 
the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) because a general notice of proposed rulemaking is not required 
under 5 U.S.C. 553(b).
    This rule does not contain a new or amended information collection 
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).
    The Commission has determined that the Congressional Review Act, 5 
U.S.C. 801, is not applicable here because, pursuant to 5 U.S.C. 
804(3)(C), this rule ``does not substantially affect the rights or 
obligations of non-agency parties.''

List of Subjects in 29 CFR Part 2700

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

    Accordingly, Chapter XXVII of Title 29 of the Code of Federal 
Regulations is amended 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, 823, and 876.


0
2. Section 2700.3 is amended by revising paragraph (c) to read as 
follows:


Sec.  2700.3  Who may practice.

* * * * *
    (c) Entry of appearance. A representative of a party shall enter an 
appearance in a proceeding under the Act or these procedural rules by 
signing the first document filed on behalf of the party with the 
Commission or Judge in accordance with Sec.  2700.6; filing a written 
entry of appearance with the Commission or Judge; or, if the Commission 
or Judge permits, by orally entering an appearance in open hearing.
* * * * *

0
3. Section 2700.5 is revised to read as follows:


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

    (a) Jurisdiction. A proposal for a penalty under section 110, 30 
U.S.C. 820(c); an answer to a notice of contest of a citation or 
withdrawal order issued under section 104, 30 U.S.C. 814; an answer to 
a notice of contest of an order issued under section 107, 30 U.S.C. 
817; a complaint issued under section 105(c) or 111, 30 U.S.C. 815(c) 
and 821; and an application for temporary reinstatement under section 
105(c)(2), 30 U.S.C. 815(c)(2), shall allege that the violation or 
imminent danger took place in or involves a mine that has products 
which enter commerce or has operations or products that affect 
commerce. Jurisdictional facts that are alleged are deemed admitted 
unless specifically denied in a responsive pleading.
    (b) How to file. Unless otherwise provided for in the Act, these 
rules, or by order, filing may be accomplished in person, by U.S. 
Postal Service, by third-party commercial carrier, by facsimile 
transmission, or by electronic transmission. Instructions for 
electronic filing may be accessed on the Commission's Web site (http://www.fmshrc.gov).
    (c) Where to file. Unless otherwise provided for in the Act, these 
rules, or by order:
    (1) Filing by electronic transmission. A document may be filed by 
electronic transmission with the Commission and its Judges. 
Instructions for electronic filing may be accessed on the Commission's 
Web site (http://www.fmshrc.gov).
    (2) Filing in person, by U.S. Postal Service, by third-party 
commercial carrier, or by facsimile transmission--(i) Before a Judge 
has been assigned. Before a Judge has been assigned to a case, all 
documents shall be filed with the Commission. 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, 1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 
20004-1710; facsimile delivery shall be transmitted to (202) 434-9954.
    (ii) After a Judge has been assigned. After a Judge has been 
assigned, and before a decision has been issued, documents shall be 
filed with the Judge at the address set forth on the notice of the 
assignment.
    (iii) Interlocutory review. Documents filed in connection with 
interlocutory review shall be filed with the Commission in accordance 
with Sec.  2700.76.
    (iv) After a Judge has issued a final decision. After the Judge has 
issued a final decision, documents shall be filed with the Commission 
as described in paragraph (c)(2)(i) of this section.
    (d) Necessary information. All documents shall be legible and shall

[[Page 77357]]

clearly identify on the cover page the filing party by name. All 
documents shall be dated and shall include the assigned docket number, 
page numbers, and the filing person's address, business telephone 
number, cell telephone number if available, fax number if available, 
and email address if available. Written notice of any change in contact 
information shall be given promptly to the Commission or the Judge and 
all other parties.
    (e) Privacy considerations. Persons submitting information to the 
Commission shall protect information that tends to identify certain 
individuals or tends to constitute an unwarranted intrusion of personal 
privacy in the following manner:
    (1) All but the last four digits of social security numbers, 
financial account numbers, driver's license numbers, or other personal 
identifying numbers, shall be redacted or excluded;
    (2) Minor children shall be identified only by initials;
    (3) If dates of birth must be included, only the year shall be 
used;
    (4) Parties shall exercise caution when filing medical records, 
medical treatment records, medical diagnosis records, employment 
history, and individual financial information, and shall redact or 
exclude certain materials unnecessary to a disposition of the case.
    (f) Effective date of filing. Unless otherwise provided for in the 
Act, these rules, or by order:
    (1) Filing by electronic transmission. When filing is by electronic 
transmission, filing is effective upon successful receipt by the 
Commission. The electronic transmission shall be in the manner 
specified by the Commission's Web site (http://www.fmshrc.gov).
    (2) Filing in person, by U.S. Postal Service, by third-party 
commercial carrier, or by facsimile transmission. When filing is by 
U.S. Postal Service, filing is effective upon mailing, except that the 
filing of a motion for extension of time, any document in an emergency 
response plan dispute proceeding, a petition for review of a temporary 
reinstatement order, a motion for summary decision, a petition for 
discretionary review, and a motion to exceed page limit is effective 
only upon receipt. See Sec. Sec.  2700.9(a), 2700.24(d), 2700.45(f), 
2700.67(a), 2700.70(a), (f), and 2700.75(f). When filing is in person, 
by third-party commercial carrier, or by facsimile, filing is effective 
upon successful receipt by the Commission.
    (g) Number of copies. Unless otherwise ordered or stated in this 
part, only the original of a document shall be filed.
    (h) Form of pleadings. All documents, including those filed 
electronically, shall appear in at least 12-point type on paper 8\1/2\ 
by 11 inches in size, with margins of at least 1 inch on all four 
sides. Text and footnotes shall appear in the same size type. Text 
shall be double spaced. Headings and footnotes may be single spaced. 
Quotations of 50 words or more may be single spaced and indented left 
and right. Excessive footnotes are prohibited. The failure to comply 
with the requirements of this paragraph or the use of compacted or 
otherwise compressed printing features may be grounds for rejection of 
a pleading.
    (i) Citation to a decision of a Judge. Each citation to a decision 
of a Judge should include ``(ALJ)'' at the end of the citation.
    (j) Status or informational requests. Information concerning filing 
requirements, the status of cases, or docket information may be 
accessed through the Commission's Web site (http://www.fmshrc.gov). In 
the event such information is unavailable through the Commission's Web 
site or the requesting party does not have access to the Web site, such 
status or informational requests must be directed to the Docket Office 
of the Federal Mine Safety and Health Review Commission, 1331 
Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710.

0
4. Section 2700.6 is revised to read as follows:


Sec.  2700.6  Signing of documents.

    (a) Signature--(1) Documents not filed by electronic transmission. 
A party or representative of the party shall sign a document by 
handwriting his signature.
    (2) Documents filed by electronic transmission.
    (i) A party or representative of the party may sign a document by 
including the notation ``/s/'' followed by the typewritten name of the 
party or representative of the party filing the document.
    (ii) A party or representative of the party may sign a document by 
including a graphical duplicate of his handwritten signature.
    (b) Meaning of Signature. A document or signature may not be denied 
legal effect or enforceability solely because it is in electronic form. 
When a party or representative of the party signs a document in the 
manner described in paragraph (a) of this section, that person's 
signature shall constitute his certificate:
    (1) That under the provisions of the law, including these rules and 
all federal conflict of interest statutes, he is authorized and 
qualified to represent the particular party in the matter; and
    (2) That he has read the document; that to the best of his 
knowledge, information, and belief formed after reasonable inquiry it 
is well grounded in fact and is warranted by existing law or a good 
faith argument for extension, modification, or reversal of existing 
law; and that it is not interposed for any improper purpose, such as to 
harass or to cause unnecessary delay or needless increase in the cost 
of litigation.

0
5. Section 2700.7 is revised to read as follows:


Sec.  2700.7  Service.

    (a) Generally. A copy of each document filed with the Commission 
shall be served on all parties. Whenever a party is represented by an 
attorney or other authorized representative who has entered an 
appearance on behalf of such party pursuant to Sec.  2700.3, service 
thereafter shall be made upon the attorney or other authorized 
representative. In addition, a copy of a notice of contest of a 
citation or order, a petition for assessment of penalty, a 
discrimination complaint, a complaint for compensation, and an 
application for temporary relief shall be served upon the 
representative of miners, if known.
    (b) Posting. A copy of an order, citation, notice, or decision 
required under section 109 of the Act, 30 U.S.C. 819, to be posted on a 
mine bulletin board shall, upon receipt, be immediately posted on such 
bulletin board by the operator.
    (c) Manner of service. Unless otherwise provided for in the Act, 
these rules, or by order:
    (1) Methods of service. Documents may be served in person, by U.S. 
Postal Service, by third-party commercial carrier, by facsimile 
transmission, or by electronic transmission (email). For documents 
filed pursuant to Sec. Sec.  2700.9(a), 2700.24, 2700.45, 2700.70(f), 
2700.75(f), and subpart F (applications for temporary relief), the 
method of service used must be no less expeditious than that used for 
filing, except that if service by electronic transmission (email) is 
impossible, the filing party must serve in person, by third party 
commercial carrier, or facsimile transmission, resulting in same-day 
delivery.
    (2) Effective date of service. When service is by U.S. Postal 
service, service is effective upon mailing. When service is in person, 
by third-party commercial carrier, by facsimile transmission, or by 
electronic transmission (email), service is effective upon successful 
receipt by the party intended to be served.

[[Page 77358]]

    (d) Proof of service. All pleadings and other filed documents shall 
be accompanied by a certification setting forth the date, method of 
service, and all contact information used.

0
6. Section 2700.8 is revised to read as follows:


Sec.  2700.8  Computation of time.

    Unless otherwise provided for in the Act, these rules, or by order, 
the due date for a pleading or other deadline for party or Commission 
action (hereinafter ``due date'') is determined sequentially as 
follows:
    (a) Except to the extent otherwise provided herein (see, e.g., 
Sec. Sec.  2700.24 and 2700.45), when the period of time prescribed for 
action is less than 11 days, Saturdays, Sundays, and federal holidays 
shall be excluded in determining the due date.
    (b) When a party serves a pleading by a method of delivery 
resulting in other than same-day service, the due date for party action 
in response is extended 5 additional calendar days beyond the date 
otherwise prescribed, after consideration of paragraph (a) of this 
section where applicable.
    (c) The day from which the designated period begins to run shall 
not be included in determining the due date. The last day of the 
prescribed period for action, after consideration of paragraphs (a) and 
(b) of this section where applicable, shall be included and be the due 
date, unless it is a Saturday, Sunday, federal holiday, or other day on 
which the Commission's offices are not open or the Commission is open 
but unable to accept filings, in which event the due date shall be the 
next day which is not one of the aforementioned days.
    (d) The time of filing with the Commission shall be determined 
using Washington, DC, local time. For filing by electronic means and by 
facsimile transmission, the due date ends at midnight Washington, DC, 
local time. For filing by other means, the due date ends at 5:00 p.m. 
Washington, DC, local time.
    Example 1: A motion is filed with the Commission on Monday, July 1, 
2013. Under Sec.  2700.10(d), other parties in the proceeding have 8 
days in which to respond to the motion. Because the response period is 
less than 11 days, intervening weekends and holidays, such as Thursday, 
July 4, 2013, are excluded in determining the due date. A response is 
thus due by Friday, July 12, 2013. In addition, those parties not 
served with the motion on the day it was filed have 5 additional 
calendar days in which to respond, or until Wednesday, July 17, 2013.
    Example 2: A Commission Judge issues his final decision in a case 
on Friday, July 5, 2013. Under Sec.  2700.70(a), parties have until 
August 4, 2013, to file with the Commission a petition for 
discretionary review of the Judge's decision. Even though the decision 
was mailed, 5 additional calendar days are not added, because paragraph 
(b) of this section only applies to actions in response to parties' 
pleadings. However, because August 4, 2013, is a Sunday, the actual due 
date for the petition is Monday, August 5, 2013.
    Example 3: Pursuant to Sec.  2700.24(a), the Secretary of Labor 
files a referral of a citation arising out of a dispute over the 
content of an operator's emergency response plan. Certain subsequent 
deadlines in such cases are specifically established by reference to 
calendar days, and thus paragraph (a) of this section would not 
necessarily apply in determining due dates. For instance, if the 
referral was filed on Thursday, July 11, 2013, the short and plain 
statement the operator must file in response within 5 calendar days 
would be due Tuesday, July 16, 2013, because the intervening weekend 
days would not be excluded in determining the due date. If the fifth 
calendar day were to fall on a weekend, holiday, or other day on which 
the Commission is not open however, the terms of paragraph (c) would 
apply and the due date would be the next day the Commission is open.

0
7. Section 2700.9 is amended by revising paragraph (a) to read as 
follows:


Sec.  2700.9  Extensions of time.

    (a) The time for filing or serving any document may be extended for 
good cause shown. Filing of a motion requesting an extension of time is 
effective upon receipt. A motion requesting an extension of time shall 
be received no later than 3 days prior to the expiration of the time 
allowed for the filing or serving of the document, and shall comply 
with Sec.  2700.10. The motion and any statement in opposition shall 
include proof of service on all parties by a means of delivery no less 
expeditious than that used for filing the motion, except that if 
service by electronic transmission (email) is impossible, the filing 
party must serve in person, by third party commercial carrier, or by 
facsimile transmission, resulting in same-day delivery.
* * * * *

0
8. Section 2700.24 is amended by revising paragraph (d) to read as 
follows:


Sec.  2700.24  Emergency response plan dispute proceedings.

* * * * *
    (d) Filing and service of pleadings. The filing with the Commission 
of any document in an emergency response plan dispute proceeding, 
including the referral, is effective upon receipt. A copy of each 
document filed with the Commission in such a proceeding shall be served 
on all parties and on any miner or miners' representative who has 
participated in the emergency response plan review process by a method 
of service no less expeditious than that used for filing, except that 
if service by electronic transmission (email) is impossible, the filing 
party must serve in person, by third party commercial carrier, or by 
facsimile transmission, resulting in same-day delivery.
* * * * *

0
9. Section 2700.31 is amended by revising paragraph (d) to read as 
follows:


Sec.  2700.31  Penalty settlement.

* * * * *
    (d) Filing and service of motion accompanied by proposed order--(1) 
Electronic filing. A motion and proposed order shall be filed 
electronically according to the requirements set forth in this rule and 
instructions on the Commission's Web site (http://www.fmshrc.gov). 
Filing is effective upon successful receipt by the Commission.
    (i) Signatures. Any signature line set forth within a motion to 
approve settlement submitted electronically shall include the notation 
``/s/'' followed by the typewritten name of the party or representative 
of the party filing the document, or by the graphical duplicate of the 
handwritten signature of the party or representative of the party 
filing the document. Such representation of the signature shall be 
deemed to be the original signature of the representative for all 
purposes unless the party representative shows that such representation 
of the signature was unauthorized. See 29 CFR 2700.6.
    (ii) Status of documents. A motion and proposed order filed 
electronically constitute written documents for the purpose of applying 
the Commission's procedural rules (29 CFR part 2700), and such rules 
apply unless an exception to those rules is specifically set forth in 
this rule.
    (2) Filing by non-electronic means. A party may file a motion to 
approve settlement and an accompanying proposed order by non-electronic 
means only with the permission of the Judge.
    (3) Service. A settlement motion and proposed order shall be served 
on all parties or, if parties are represented, upon their 
representatives, by the most

[[Page 77359]]

expeditious method possible and at least five business days before the 
motion and proposed order are filed with the Commission. If a party 
cannot be served by email, facsimile transmission, or commercial 
delivery, a copy of the motion and proposed order may be served by 
mail. A certificate of service shall accompany the motion and proposed 
order setting forth the date, method of service, and all contact 
information used.
* * * * *

0
10. Section 2700.45 is amended by revising paragraphs (a), (b), and (f) 
to read as follows:


Sec.  2700.45  Temporary reinstatement proceedings.

    (a) Service of pleadings. A copy of each document filed with the 
Commission in a temporary reinstatement proceeding shall be served on 
all parties by a method of service as expeditious as that used for 
filing, except that if service by electronic transmission (email) is 
impossible, the filing party must serve in person, by third party 
commercial carrier, or by facsimile transmission, resulting in same-day 
delivery.
    (b) Contents of application. An application for temporary 
reinstatement shall state the Secretary's finding that the miner's 
discrimination complaint was not frivolously brought and shall be 
accompanied by an affidavit setting forth the Secretary's reasons 
supporting his finding. The application also shall include a copy of 
the miner's complaint to the Secretary, and proof of notice to and 
service on the person against whom relief is sought by the most 
expeditious method of notice and delivery reasonably available.
* * * * *
    (f) Review of order. Review by the Commission of a Judge's written 
order granting or denying an application for temporary reinstatement 
may be sought by filing with the Commission a petition, which shall be 
captioned ``Petition for Review of Temporary Reinstatement Order,'' 
with supporting arguments, within 5 business days following receipt of 
the Judge's written order. The filing of any such petition is effective 
upon receipt. The filing of a petition shall not stay the effect of the 
Judge's order unless the Commission so directs; a motion for such a 
stay will be granted only under extraordinary circumstances. Any 
response shall be filed within 5 business days following service of a 
petition. Pleadings under this rule shall include proof of service on 
all parties by a means of delivery no less expeditious than that used 
for filing, except that if service by electronic transmission (email) 
is impossible, the filing party must serve in person, by third party 
commercial carrier, or by facsimile transmission, resulting in same-day 
delivery. The Commission's ruling on a petition shall be made on the 
basis of the petition and any response (any further briefs will be 
entertained only at the express direction of the Commission), and shall 
be rendered within 10 calendar days following receipt of any response 
or the expiration of the period for filing such response. In 
extraordinary circumstances, the Commission's time for decision may be 
extended.
* * * * *

0
11. Section 2700.46 is amended by adding a new paragraph (d) to read as 
follows:


Sec.  2700.46  Procedure.

* * * * *
    (d) Service of pleadings. A copy of each document filed with the 
Commission under subpart F of this part must be served on all parties 
by a means of delivery no less expeditious than that used for filing, 
except that if service by electronic transmission (email) is 
impossible, the filing party must serve in person, by third party 
commercial carrier, or by facsimile transmission, resulting in same-day 
delivery.

0
12. Section 2700.70 is amended by revising paragraph (f) to read as 
follows:


Sec.  2700.70  Petitions for discretionary review.

* * * * *
    (f) Motion for leave to exceed page limit. A motion requesting 
leave to exceed the page limit shall be received not less than 3 days 
prior to the date the petition for discretionary review is due to be 
filed, shall state the total number of pages proposed, and shall comply 
with Sec.  2700.10. Filing of a motion requesting an extension of page 
limit is effective upon receipt. The motion and any statement in 
opposition shall include proof of service on all parties by a means of 
delivery no less expeditious than that used for filing the motion, 
except that if service by electronic transmission (email) is 
impossible, the filing party must serve in person, by third party 
commercial carrier, or by facsimile transmission, resulting in same-day 
delivery.
* * * * *

0
13. Section 2700.75 is amended by revising paragraph (f) to read as 
follows:


Sec.  2700.75  Briefs.

* * * * *
    (f) Motion for leave to exceed page limit. A motion requesting 
leave to exceed the page limit for a brief shall be received not less 
than 3 days prior to the date the brief is due to be filed, shall state 
the total number of pages proposed, and shall comply with Sec.  
2700.10. Filing of a motion requesting an extension of page limit is 
effective upon receipt. The motion and any statement in opposition 
shall include proof of service on all parties by a means of delivery no 
less expeditious than that used for filing the motion, except that if 
service by electronic transmission (email) is impossible, the filing 
party must serve in person, by third party commercial carrier, or by 
facsimile transmission, resulting in same-day delivery.
* * * * *

    Dated: December 9, 2013.
Mary Lu Jordan,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. 2013-29842 Filed 12-20-13; 8:45 am]
BILLING CODE 6735-01-P