[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Rules and Regulations]
[Page 11426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04005]



[[Page 11426]]

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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 18

RIN 1290-AA36


Rules of Practice and Procedure for Administrative Hearings 
Before the Office of Administrative Law Judges

AGENCY: Office of the Secretary, Department of Labor.

ACTION: Direct final rule; withdrawal.

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SUMMARY: Due to the receipt of significant adverse comment, the 
Department of Labor is withdrawing the January 11, 2021 direct final 
rule (DFR) that would have provided for electronic filing (e-filing) 
and electronic service (e-service) of papers, required e-filing for 
persons represented by attorneys or non-attorney representatives unless 
good cause is shown justifying a different form of filing, and required 
advance notice to the parties of the manner of a hearing or prehearing 
conference.

DATES: Effective February 25, 2021, the direct final rule published at 
86 FR 1800 on January 11, 2021, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Todd Smyth, General Counsel, U.S. 
Department of Labor, Office of Administrative Law Judges, 800 K Street 
NW, Washington, DC 20001-8002; telephone (513) 684-3252. Individuals 
with hearing or speech impairments may access the telephone number 
above by TTY by calling the toll-free Federal Information Relay Service 
at (800) 877-8339.

SUPPLEMENTARY INFORMATION: In the DFR, the Department stated that if a 
significant adverse comment was submitted by February 10, 2021, the 
Department would publish a timely withdrawal in the Federal Register 
informing the public that the DFR will not take effect. The Department 
also issued an identical notice of proposed rulemaking (NPRM) on the 
same day (86 FR 1862). The Department received significant adverse 
comment prior to the close of the comment period and is therefore 
withdrawing the DFR. The Department also received a request to extend 
the comment period and will reopen the comment period for the NPRM for 
15 days in a future document. In issuing a final action, the Department 
will consider comments received on the DFR and NPRM during the initial 
comment period as well as comments received during the subsequent 
comment period. The Department will also provide at least 30 days' 
notice between promulgating a final rule that requires e-filing and the 
date on which e-filing will become mandatory under such a rule. 
Furthermore, the Department notes that several comments raised concerns 
with the Department's electronic filing system and not the requirements 
of the proposed or direct final rules. To better understand and address 
these concerns, the Department plans to hold listening sessions during 
the coming weeks for users to provide feedback on the system. 
Information about those sessions will be announced at https://efile.dol.gov.

List of Subjects in 29 CFR Part 18

    Administrative practice and procedure, Labor.

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

    Accordingly, the amendments to 29 CFR part 18, published in the 
Federal Register on January 11, 2021 (86 FR 1800), are withdrawn as of 
February 25, 2021.

Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021-04005 Filed 2-23-21; 4:15 pm]
BILLING CODE 4510-HW-P