[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Rules and Regulations]
[Pages 54782-54783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22257]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Part 2700
Simplified Proceedings
AGENCY: Federal Mine Safety and Health Review Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Mine Safety and Health Review Commission (the
``Commission'') is an independent adjudicatory agency that provides
hearings and appellate review of cases arising under the Federal Mine
Safety and Health Act of 1977. On December 28, 2010, the Commission
published a final rule which set forth procedures for simplified
proceedings. The Commission implemented the simplified proceedings rule
as a pilot program. After evaluating the pilot program, the Commission
has determined that withdrawal of the simplified proceedings rule is
necessary at this time.
DATES: This final rule is effective November 25, 2019 without further
action, unless adverse comment is received by November 12, 2019. If
adverse comment is received, the Commission will publish a timely
withdrawal of this direct final rule in the Federal Register while the
Commission considers appropriate action with respect to its simplified
proceedings rule.
ADDRESSES: 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 Ave. NW, Suite 520N,
Washington, DC 20004-1710. Electronic comments should state ``Comments
on Simplified Proceedings'' in the subject line and be sent to
[email protected].
FOR FURTHER INFORMATION CONTACT: Sarah Stewart, Deputy General Counsel,
Office of the General Counsel, Federal Mine Safety and Health Review
Commission, at (202) 434-9935.
SUPPLEMENTARY INFORMATION:
A. Background
On December 28, 2010 (75 FR 81459), the Commission published in the
Federal Register a final rule to simplify the procedures for handling
certain civil penalty proceedings. The Commission explained that since
2006, the number of new cases filed with the Commission had
dramatically increased. The simplified procedures were intended to help
the Commission manage its burgeoning caseload by streamlining the
administrative process for the Commission's simplest cases. The
Commission implemented the rule as a pilot program.
In evaluating the efficacy of the pilot, the Commission determined
that the simplified proceedings rule has not operated as intended. The
Commission had anticipated that streamlined procedures would better
support settlement. For instance, discovery is not permitted under the
simplified proceedings rule, except as ordered by a Judge. 29 CFR
2700.107. Rather, the simplified procedures require a mandatory
disclosure of information by parties (29 CFR 2700.105), followed by a
mandatory pre-hearing conference that requires in part a discussion of
settlement of the case. 29 CFR 2700.106. It appears, however, that
simplified proceedings settle at essentially the same rate as other
civil penalty proceedings governed by conventional procedures.
Moreover, the Commission determined that the compressed timeframes
set forth in the simplified proceedings rule had unintended negative
consequences. The simplified proceedings rule sets forth timeframes
that are more abbreviated than those set forth in conventional
proceedings for such matters as the disclosure of information by the
parties, the conducting of a pre-hearing conference, and the conducting
of a hearing. As a consequence of meeting these requirements, the
Commission's simplest cases, which were designated as simplified
proceedings, were often given priority over more complex cases, which
were not designated as simplified proceedings. In addition, the
Commission's resources were disproportionately diverted to its simplest
cases.
Based upon its evaluation of the simplified proceedings pilot
program, the Commission has reconsidered the utility of a special set
of procedures for its simplest cases at the present time. The
Commission's overall caseload has significantly decreased since the
simplified proceedings rule was promulgated. Moreover, parties may
request on a case-by-case basis that the Commission adapt the
Commission's conventional procedures as necessary to expedite or
simplify the processing of a case.
B. Notice and Public Procedure
1. Executive Orders
The Commission is an independent regulatory agency under section
3(b) of Executive Order (``E.O.'') 12866 (Sept. 30, 1993), 58 FR 51735
(Oct. 4, 1993); E.O. 13563 (Jan. 18, 2011), 76 FR 3821 (Jan. 21, 2011);
E.O. 13771 (Jan. 30, 2017), 82 FR 9339 (Feb. 3, 2017); E.O. 13777 (Feb.
24, 2017), 82 FR 12285 (Mar. 1, 2017); and E.O. 13132 (Aug. 4, 1999),
64 FR 43255 (Aug. 10, 1999).
The Commission has determined that this rulemaking does not have
``takings implications'' under E.O. 12630 (Mar. 15, 1988), 53 FR 8859
(Mar. 18, 1988).
The Commission has determined that these regulations meet all
applicable standards set forth in E.O. 12988 (Feb. 5, 1996), 61 FR 4729
(Feb. 7, 1996).
2. Statutory Requirements
Although notice-and-comment rulemaking requirements under the
Administrative Procedure Act (``APA'') do not apply to rules of agency
procedure (5 U.S.C. 553(b)(3)(A)), the Commission invites members of
the interested public to submit comments on this final rule. The
Commission will accept public comment until November 12, 2019.
The Commission has determined that this rulemaking is exempt from
the requirements of the Regulatory Flexibility Act (``RFA'') (5 U.S.C.
601 et seq.), because the proposed rule would not have a significant
economic impact on a substantial number of small entities.
[[Page 54783]]
The Commission has determined that this rule is not a ``major
rule'' under the Small Business Regulatory Enforcement Fairness Act
(``SBREFA'') (5 U.S.C. 804(2)).
The Commission has determined that the Paperwork Reduction Act
(``PRA'') (44 U.S.C. 3501 et seq.) does not apply because these rules
do not contain any information collection requirements that require the
approval of the OMB.
The Commission has determined that the Congressional Review Act
(``CRA'') (5 U.S.C. 801 et seq.) does not apply because, pursuant to 5
U.S.C. 804(3)(C), these rules are rules of agency procedure or practice
that do not substantially affect the rights or obligations of non-
agency parties.
The Commission has determined that this rulemaking is not a major
Federal action significantly affecting the quality of the human
environment requiring an environmental assessment under the National
Environmental Policy Act (``NEPA'') (42 U.S.C. 4321 et seq.).
The Commission is an independent regulatory agency, and as such, is
not subject to the requirements of the Unfunded Mandates Reform Act
(``UMRA'') (2 U.S.C. 1532 et seq.).
List of Subjects in 29 CFR Part 2700
Administrative practice and procedure, Mine safety and health,
Penalties, Whistleblowing.
Accordingly, 29 CFR part 2700 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.
Subpart J--[Removed and Reserved]
0
2. Subpart J, consisting of Sec. Sec. 2700.100 through 2700.110, is
removed and reserved.
Dated: October 7, 2019.
Marco M. Rajkovich, Jr.,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. 2019-22257 Filed 10-10-19; 8:45 am]
BILLING CODE 6735-01-P