[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Page 44366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17152]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Temporary Suspension of In-Person Hearings

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: The Federal Mine Safety and Health Review Commission (the 
``Commission'') is temporarily suspending in-person hearings, 
settlement judge conferences, and mediations in the manner described 
below until December 31, 2021.

DATES: Applicable: August 6, 2021.

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: On July 30, 2021, Commission Chief 
Administrative Law Judge Glynn F. Voisin issued an order, which is 
posted on the Commission's website (www.fmshrc.gov). The contents of 
the order were also published in the Federal Register. 86 FR 42,827 
(Aug. 5, 2021). Under the terms of that order, the Commission was going 
to resume the pre-pandemic norm of in-person hearings as of September 
1, 2021.
    On August 6, 2021, Chief Judge Voisin issued an order supplementing 
the July 30 order. The contents of the August 6 order are set forth in 
this notice.
    In view of recently updated guidance from the Centers for Disease 
Control and Prevention (``CDC'') highlighting the risks presented by 
the novel coronavirus COVID-19 and especially its rapidly spreading 
delta variant, the Federal Mine Safety and Health Review Commission, 
Office of the Chief Administrative Law Judge (OCALJ) is, effective 
immediately, strongly discouraging the scheduling of in-person 
hearings, settlement judge conferences and mediations until December 
31, 2021. At the discretion of the presiding Administrative Law Judge 
and in coordination with the parties, such proceedings may be held by 
videoconference or by telephone.
    In the event a Judge determines in-person proceedings are necessary 
for all or part of a hearing, settlement conference or mediation, he or 
she will seek authorization of Chief Judge Voisin prior to scheduling 
any such proceeding. Such authorization should only be sought where 
absolutely necessary and is unlikely to be granted absent an 
extraordinarily compelling need and strict protocols ensuring the 
safety of all in attendance. No party, representative or witness shall 
be compelled to attend an in-person hearing or conference during the 
pendency of this order.
    The presiding administrative law judge may be contacted with 
questions regarding this notice.
    Authority: 30 U.S.C. 823; 29 CFR part 2700.

    Dated: August 6, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2021-17152 Filed 8-11-21; 8:45 am]
BILLING CODE 6735-01-P