[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70126-70127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26620]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Resumption of In-Person Hearings

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: Beginning on January 3, 3022, the Federal Mine Safety and 
Health Review Commission (the ``Commission'') is resuming in-person 
hearings in the manner described below until June 30, 2022, or until 
such earlier date determined by the Commission's Office of the Chief 
Administrative Law Judge (``OCALJ'') and published in a notice 
appearing in the Federal Register and posted on the Commission's 
website (www.fmshrc.gov).

DATES: Applicable: January 3, 2022.

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: Commission Administrative Law Judges are 
committed to a high standard to protect the health and safety of all 
attorneys, representatives, parties, and witnesses who may appear 
before them, during the Coronavirus 2019 (COVID-19) pandemic, while 
continuing the agency's mission. On December 3, 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 are set forth in this notice.
    As of January 3, 2022, the Commission will resume in-person 
hearings, but for the duration of the Chief Judge's December 3 order, 
all hearings are subject to the following terms set forth in the order.
    Commission Judges may, at their sole discretion, hold remote 
hearings (e.g. via Zoom) and require specific procedures to provide for 
safety. Commission Judges shall exercise this discretion within uniform 
parameters as set forth herein. Each Judge shall determine (1) when to 
use remote hearings in lieu of in-person hearings and (2) specific 
safety procedures to be used at an in-person hearing.
    In determining use of a remote hearing, Judges will consider safety 
factors on a case-by-case basis. Judges also have the discretion to 
hold a hybrid hearing, that includes both in-person and video 
participation. Judges will ensure all parties appearing pro se who are 
required to participate in a remote hearing have access to equipment, 
an internet connection, and other appropriate technology. Prior to 
conducting an in-person hearing, Judges will schedule a conference call 
with the attorneys and representatives of each of the parties to 
discuss, among other things, safety considerations for the in-person 
hearing. Judges may discuss the agency's travel guidelines, protocols, 
and safety measures. Persons who are not comfortable with travel or 
appearing in person, may request to attend the hearing via remote 
access (e.g., via Zoom).
    The Judge will set a hearing location after considering the safety 
and health rules currently in place by the state and local public 
health entities. In choosing a courtroom, the Judge will take into 
consideration the rules and requirements of the court or hearing 
facility, as well as all applicable federal, state, and local 
regulations and guidelines. If the hearing is to be a hybrid hearing, 
the Judge will also consider the availability of internet and 
technology needs in the courtroom.
    During the prehearing conference, the Judge will inform the parties 
of the federal, state, local and courtroom requirements and seek a 
commitment to adhere to those requirements. The requirements apply to 
all attorneys, assistants, parties, and witnesses. The discussion will 
also address who may enter the courtroom, when, and what safety 
measures, such as masks and social distancing, must be implemented. No 
person may enter the courtroom, or the witness room without the 
permission of the Judge.
    Hearing participants are subject to the following vaccination 
requirements for attendance at in-person hearings:
     FMSHRC employees:
    [cir] FMSHRC employees must be fully vaccinated by November 22, 
2021, unless a legally required exemption applies. All FMSHRC employees 
must adhere to CDC guidance on social distancing and mask wearing.
     Visitors:
    [cir] Visitors are federal employees from other agencies such as 
the Department of Labor, spectators, and press. Visitors must attest to 
their vaccination status using the Certificate of Vaccination form at 
https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf. The Judge shall not collect 
documentation to verify their attestation. Visitors who are not fully 
vaccinated shall show proof of a negative COVID-19 test result from a 
Food and Drug Administration authorized test taken within three days 
prior to entry to the in-person hearing. The Judge shall not collect 
documentation to verify COVID-19 test results. All visitors must adhere 
to CDC guidance on social distancing and mask wearing.
     Contractors:
    [cir] Court reporters are contractors and must be fully vaccinated 
by January 18, 2022, unless a legally required exemption applies. All 
court reporters must adhere to CDC guidance on social distancing and 
mask wearing.
     Non-government Parties, Representatives and Witnesses:
    [cir] Persons who are not federal government employees and who are 
parties, representatives of parties, or witnesses do not need to attest 
to their vaccination status to attend an in-person FMSHRC hearing and 
Judges shall not inquire into their vaccination status. All such 
persons must adhere to CDC guidance on social distancing and mask 
wearing.

[[Page 70127]]

    The Judge may consider all factors, in totality, in determining if 
a remote hearing will be held and who may be present for the hearing. 
No single factor is dispositive. These procedures shall be in place 
until June 30, 2022 unless extended or modified by order.

(Authority: 30 U.S.C. 823; 29 CFR part 2700.)

    Dated: December 3, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2021-26620 Filed 12-8-21; 8:45 am]
BILLING CODE 6735-01-P