[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53746-53747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18866]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Hearing Health and Safety

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'' or ``FMSHRC'') resumed in-
person hearings in the manner described in an Order dated December 3, 
2021, appearing in the Federal Register on December 9, 2021, and posted 
on the Commission's website (www.fmshrc.gov). On July 11, 2022, 
Commission Chief Administrative Law Judge Glynn F. Voisin issued an 
order, which modified the December 3 Order. On August 26, 2022, the 
Chief Judge issued an order further modifying the July 11 order. The 
August 26 Order is posted on the Commission's website and contains 
hyperlinks not included within this notice.

DATES: Applicable: August 26, 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: Federal Mine Safety and Health Review 
Commission Administrative Law Judges are committed to a high standard 
to protect the health and safety of all persons who may appear before 
them, during the Coronavirus 2019 (COVID-19) pandemic, while continuing 
the agency's mission. As of January 3, 2022, the Commission resumed in-
person hearings as described in an order dated December 3, 2021. On 
July 11, 2022, the Chief Judge issued an order modifying the December 3 
order. On August 26, 2022, the Chief Judge issued an order further 
modifying the July 11 order. The contents of the August 26 order are 
set forth in this notice, and for the duration of the August 26 order, 
all hearings are subject to its terms.
    Commission Judges may, at their sole discretion, hold remote 
hearings (e.g., via Zoom) and in-person hearings. Judges also have the 
discretion to hold a hybrid hearing, that includes both in-person and 
video participation. 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 a hybrid or in-person 
hearing.
    In determining the type of hearing, Judges will consider current 
guidance and safety factors on a case-by-case basis. 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. Persons who are not 
comfortable with travel or appearing in person, may request to attend 
the hearing via remote access (e.g., via Zoom). Judges may discuss the 
agency's workplace safety plan that outlines travel guidelines, 
protocols, and safety measures in conjunction with the CDC Community 
Levels.
    The Judge will set a hearing location after considering CDC 
Community Levels using the CDC COVID Data Tracker and the safety and 
health rules currently in place by the state and local public health 
entities. Where community levels are HIGH, Judges are discouraged from 
setting in-person hearings. If in-person participants are traveling to 
attend a hearing, the community levels of where they are traveling from 
need to be taken into account as well. 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 consider federal, 
state, local and courtroom requirements and inform the parties of such 
requirements. The requirements apply to all persons attending the in-
person hearing. The discussion will also address who may enter the 
courtroom, when, and what safety measures, such as masks and physical 
distancing, must be implemented. No person may enter the courtroom, or 
the witness room without the permission of the Judge.
    In addition to any federal, state, local and facility safety and 
health rules, all persons attending in-person hearings are also subject 
to the below requirements:
     FMSHRC employees:
    [cir] All FMSHRC employees must adhere to the agency's workplace 
safety plan, diagnostic testing policy, and CDC guidance on physical 
distancing, mask wearing, isolation in the event of symptoms or a 
positive test result, and official travel requirements.
     Visitors, Contractors, Non-government Parties, 
Representatives and Witnesses:
    [cir] Contractors, for purposes of this order, are defined as 
individuals who have been contracted by FMSHRC to attend an in-person 
hearing for a specific purpose (e.g., a court reporter creating a 
transcript).
    [cir] Visitors, Contractors, Non-government Parties, 
Representatives and Witnesses who attend an in-person hearing must 
adhere to the agency's workplace safety plan and CDC guidance on 
physical distancing, mask wearing, and isolation in the event of 
symptoms or a positive test result. When CDC Community Levels are 
MEDIUM or HIGH, the same individuals must complete the COVID-19 Symptom 
Screening Tool form before entering a facility where an in-person 
hearing will be held.
    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 remain in place until the August 26 order is 
vacated or otherwise modified by subsequent order.

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


[[Page 53747]]


    Dated: August 26, 2022.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2022-18866 Filed 8-31-22; 8:45 am]
BILLING CODE 6735-01-P