[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8948-8949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03479]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2200


Rules of Procedure; Technical Amendments

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Technical amendments.

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SUMMARY: This document makes technical amendments to the final rule 
published by the Occupational Safety and Health Review Commission in 
the Federal Register on April 10, 2019, and corrected on August 30, 
2019, October 4, 2019, and October 15, 2020. That rule revised the 
procedural rules governing practice before the Occupational Safety and 
Health Review Commission (OSHRC).

DATES: Effective on February 17, 2022.

FOR FURTHER INFORMATION CONTACT: Natalie Huls-Simpson, Attorney-
Advisor, Office of the General Counsel, by telephone at (202) 606-5410, 
by email at [email protected], or by mail at: 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457.

SUPPLEMENTARY INFORMATION: OSHRC published revisions to its rules of 
procedure in the Federal Register on April 10, 2019 (84 FR 14554), and 
published corrections on August 30, 2019 (84 FR 45654), October 4, 2019 
(84 FR 53052), and October 15, 2020 (85 FR 65220). This document makes 
further technical amendments to the final rule.

List of Subjects in 29 CFR Part 2200

    Administrative practice and procedure, Hearing and appeal 
procedures.

    Accordingly, 29 CFR part 2200 is amended by making the following 
technical amendments:

PART 2200--RULES OF PROCEDURE

0
1. The authority citation for part 2200 continues to read as follows:

    Authority:  29 U.S.C. 661(g), unless otherwise noted.
    Section 2200.96 is also issued under 28 U.S.C. 2112(a).


0
2. Revise Sec.  2200.3 to read as follows:


Sec.  2200.3  Use of number.

    Words importing the singular number may extend and be applied to 
the plural and vice versa.

0
3. Amend Sec.  2200.4 by revising paragraph (a)(6)(i) and adding 
paragraph (a)(7) to read as follows:


Sec.  2200.4  Computing time.

    (a) * * *
    (6) * * *
    (i) The day set aside by statute for observing New Year's Day, 
Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, 
Juneteenth National Independence Day, Independence Day, Labor Day, 
Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and,
* * * * *
    (7) Computation examples. (i) If a judge orders that a document is 
due in 40 days, count every calendar day starting the day after that 
order (day 1) until reaching day 40 (due date). If the receiving 
Commission office is closed on day 40 (such as on a Saturday, Sunday, 
or Federal holiday), the document would be due the next day the office 
is open. In other words, if day 40 falls on a Saturday, and the 
following Monday is a Federal holiday, the document would be due on 
Tuesday, the day after the holiday.
    (ii) If a judge orders that a document is due 14 days before a 
hearing, count backwards starting the day before the hearing (day 1) 
until reaching day 14. If the receiving Commission office is closed on 
day 14 (such as on a Saturday, Sunday, or Federal holiday), the 
document would be due on the last day the office is open before the 
Saturday, Sunday, or Federal holiday. In other words, if day 14 falls 
on a Sunday, and the Friday before is a Federal holiday, the document 
would be due on Thursday, the day before the holiday.
* * * * *

0
4. Amend Sec.  2200.6 by revising the first sentence of paragraph (a) 
to read as follows:


Sec.  2200.6  Record address.

    (a) Every pleading or document filed by any party or intervenor 
shall contain the name, current address, telephone number, and email 
address of the party or intervenor's representative or, if there is no 
representative, the party or intervenor's own name, current address, 
telephone number, and email address. * * *
* * * * *

0
5. Amend Sec.  2200.7 by revising paragraph (h) to read as follows:


Sec.  2200.7  Service, notice, and posting.

* * * * *
    (h) Special service requirements; authorized employee 
representatives. The authorized employee representative, if any, shall 
be served by the employer with the notice set forth in paragraph (g) of 
this section and with a copy of the notice of contest or petition for 
modification of the abatement period.
* * * * *

0
6. Amend Sec.  2200.8 by:
0
a. Revising the last sentence of paragraph (c)(1);
0
b. Adding a sentence to the end of paragraph (c)(2); and
0
c. Revising paragraph (d)(1) and the first sentence of paragraph 
(d)(5).
    The revisions and addition read as follows:


Sec.  2200.8  Filing.

* * * * *
    (c) * * *
    (1) * * * Documents may not be filed with the Commission or the 
Judge via email, unless allowed under paragraph (d)(1) of this section.
    (2) * * * Documents may not be filed with the Commission or the 
Judge via email, unless allowed under paragraph (d)(1) of this section.
* * * * *
    (d) * * *
    (1) How to file. Documents may be filed by postage-prepaid first 
class or

[[Page 8949]]

higher class U.S. Mail, commercial delivery service, personal delivery, 
or facsimile transmission. Only documents exempt from e-filing under 
paragraph (c)(5) of this section may be filed by email.
* * * * *
    (5) Sensitive information. Unless the Commission or the Judge 
orders otherwise, in any filing with the Commission, information that 
is sensitive but not privileged (e.g., Social Security numbers, 
driver's license numbers, passport numbers, taxpayer-identification 
numbers, birthdates, mother's maiden names, names of minors, an 
individual's physical personal address, financial account numbers) 
shall be redacted. * * *
* * * * *

0
7. Amend Sec.  2200.32 by revising the third sentence to read as 
follows:


Sec.  2200.32  Signing of pleadings and motions.

    * * * The signature of a representative or party also constitutes a 
certificate by the representative or party that the representative or 
party has read the pleading, motion, or other document, that to the 
best of the representative's or party's knowledge, information, and 
belief, formed after reasonable inquiry, it is well grounded in fact 
and is warranted by existing law or a good faith argument for the 
extension, modification, or reversal of existing law, and that it is 
not included for any improper purpose, such as to harass or to cause 
unnecessary delay or needless increase in the cost of litigation. * * *

0
8. Amend Sec.  2200.37 by revising paragraph (d)(3) to read as follows:


Sec.  2200.37  Petitions for modification of the abatement period.

* * * * *
    (d) * * *
    (3) An employer petitioning for a modification of the abatement 
period shall have the burden of proving in accordance with the 
requirements of section 10(c) of the Act, 29 U.S.C. 659(c), that such 
employer has made a good faith effort to comply with the abatement 
requirements of the citation and that abatement has not been completed 
because of factors beyond the employer's reasonable control.
* * * * *

0
9. Amend Sec.  2200.68 by revising paragraphs (a) and (b) and the first 
sentence of paragraph (d) to read as follows:


Sec.  2200.68  Recusal of the Judge.

    (a) Discretionary recusal. A Judge may recuse themself from a 
proceeding whenever the Judge deems it appropriate.
    (b) Mandatory recusal. A Judge shall recuse themself under 
circumstances that would require disqualification of a Federal judge 
under Canon 3(C) of the Code of Conduct for United States Judges, 
except that the required recusal may be set aside under the conditions 
specified by Canon 3(D).
* * * * *
    (d) Ruling on request. If the Judge finds that a request for 
recusal has been filed with due diligence and that the material filed 
in support of the request establishes that recusal either is 
appropriate under paragraph (a) of this section or is required under 
paragraph (b) of this section, the Judge shall recuse themself from the 
proceeding. * * *

0
10. Amend Sec.  2200.70 by revising the last sentence of paragraph (f) 
to read as follows:


Sec.  2200.70  Exhibits.

* * * * *
    (f) * * * Any person granted custody of an exhibit shall inform the 
Executive Secretary of the status every 6 months (e.g., 6 months after 
January 15 would be July 15) of the person's continuing need for the 
exhibit and return the exhibit after completion of the proceeding.
* * * * *

0
11. Amend Sec.  2200.120 by revising the first sentence of paragraph 
(b)(1) and paragraph (d)(1) to read as follows:


Sec.  2200.120  Settlement procedure.

* * * * *
    (b) * * *
    (1) Applicability. Mandatory settlement applies only to notices of 
contest by employers in which the aggregate amount of the penalties 
sought by the Secretary is $205,000 or greater. * * *
* * * * *
    (d) * * *
    (1) General. The Settlement Judge shall convene and preside over 
conferences between the parties. The Settlement Judge shall designate 
the time, place, and nature of the conference.
* * * * *

Cynthia L. Attwood,
Chairman.
Amanda Wood Laihow,
Commissioner.
[FR Doc. 2022-03479 Filed 2-16-22; 8:45 am]
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