[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Rules and Regulations]
[Pages 59931-59932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24251]


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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: Final rule.

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SUMMARY: The Federal Mine Safety and Health Review Commission (``the 
Commission'') published interim rules on December 23, 2013, that 
permitted parties to file and serve documents electronically with the 
Commission, and permitted comments on the rules. The Commission is 
adopting those interim rules as final rules without making further 
changes.

DATES: 
    Effective date: This final rule is effective December 23, 2019.
    Comments due date: The Commission will accept written and 
electronic comments received on or before December 9, 2019.

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 Electronic Filing and Service Rules'' 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

    In 2013, the Commission published interim rules that permitted 
parties to file and serve documents electronically. 78 FR 77354 (Dec. 
23, 2013). The Commission stated that in 2014, it would begin using a 
new electronic case management system (``e-CMS'') in order to more 
efficiently manage its caseload. The Commission explained that 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 Commission published changes to its procedural rules as 
interim rules in order to explicitly permit electronic filing and 
service. The Commission subsequently published a correction to one of 
the interim rules (79 FR 3104 (Jan. 17, 2014)), and extended the 
comment period through July 31, 2014 (79 FR 20098 (Apr. 11, 2014)).
    The Commission received three comments on the interim rules. Of 
those, the Commission received two comments from the Secretary of Labor 
through the U.S. Department of Labor's Office of the Solicitor. First, 
the Secretary noted that interim rule 29 CFR 2700.5(f)(1) provides that 
when filing is by electronic transmission, filing is effective upon 
``successful receipt by the Commission,'' and requested clarification 
about what constitutes successful receipt by the Commission. Second, 
the Secretary commented that, as a practical matter, some documents may 
not be deliverable on the same day that a document is filed 
electronically, as required by interim rule 29 CFR 2700.7(c)(1).
    During the past five years, the Commission has handled on a case-
by-case basis any questions regarding what constitutes successful 
receipt in terms of electronic filing and the inability to effect 
service on the same day that a document was filed electronically. Given 
the infrequency with which such circumstances arise, the Commission has 
determined that it is appropriate to continue its current practice 
without making changes to the interim rules. However, the Commission 
has placed an example illustrating successful receipt in the electronic 
filing instructions on its website (www.fmshrc.gov).
    The third comment that the Commission received noted that there is 
no Commission procedural rule that specifically requires that all 
pleadings be signed, although interim rule 29 CFR 2700.6 sets forth the 
manner in which pleadings should be signed and by whom. The commenter 
further questioned whom should sign a pleading in a discrimination 
proceeding brought by the Secretary on behalf of a miner pursuant to 30 
U.S.C. 815(c)(2).
    The Commission has determined that such comments do not pertain to 
the electronic filing and service changes addressed by the interim 
rules. Accordingly, the Commission has determined that it need not 
change the interim rules to address this comment. However, the 
Commission is currently drafting a notice of proposed rulemaking 
regarding changes to its procedural rules that are not restricted to 
electronic filing and service. The Commission is considering the third 
comment in the context of that proposed rulemaking.

[[Page 59932]]

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 December 9, 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.
    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.

PART 2700--PROCEDURAL RULES

0
Accordingly, the interim rule amending 29 CFR part 2700, which was 
published at 78 FR 77354 on December 23, 2013, and corrected at 79 FR 
3104 on January 17, 2014, is adopted as final without change.

    Dated: November 1, 2019.
Marco M. Rajkovich, Jr.,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. 2019-24251 Filed 11-6-19; 8:45 am]
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