[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]


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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.

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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