[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5789-5796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00990]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 4

[Docket No. DOI-2022-0010; 223D0102DM; DS68200000; DMSN00000.000000; 
DX68201DAGENLAM]
RIN 1094-AA56


Practices Before the Department of the Interior

AGENCY: Office of Hearings and Appeals, Interior.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Hearings and Appeals (OHA) is amending 
department regulations to provide parties to a hearing or appeal the 
option of sending and receiving documents electronically; to 
specifically recognize the OHA Director's authority to issue Standing 
Orders to provide procedural information to parties and the public; and 
to make clear that OHA will communicate information on how and where to 
file and serve documents through OHA Standing Orders issued by the 
Director and posted on OHA's Department of the Interior website. This 
rule removes specific office addresses, some outdated, from the 
regulatory text and provides for up-to-date contact information to be 
provided in OHA Standing Orders on Contact Information. This rule 
further provides that OHA may issue Standing Orders to provide 
procedural information in an emergency or to address an immediate need, 
such as an office closure, natural disaster or other unanticipated 
event. This rule, and the associated Standing Orders, would not add to, 
change, or diminish any substantive rights of any parties or the 
public.

DATES: This rule is effective on March 16, 2023 without further notice, 
unless OHA receives significant adverse written comment by March 1, 
2023 on the amendments. If significant adverse comments are received on 
the amendments, OHA will publish a timely withdrawal in the Federal 
Register clarifying which provisions will become effective and which 
provisions are being withdrawn due to adverse comment.

ADDRESSES: You may send comments, identified by Docket No. DOI-2022-
0010 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: Office of Hearings and Appeals, 801 North Quincy 
Avenue, Suite 300, Arlington, VA 22203.
     Hand/Courier Delivery: Office of Hearings and Appeals, 801 
North Quincy Avenue, Suite 300, Arlington, VA 22203. OHA's hours of 
operation are 8:30 a.m.-4:30 p.m., Monday-Friday (except federal 
holidays).
    Instructions: All submissions received must include Docket No. DOI-
2022-0010 for this rulemaking. Comments received may be posted without 
change to https://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Rachel Lukens, Counsel to the 
Director, Office of Hearings and Appeals, [email protected], (703) 235-
3810. Individuals in the United States who are deaf, blind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: OHA is modernizing its practice and 
improving services to the parties who appear before OHA and the public. 
OHA is issuing this rule to update its regulations in 43 CFR part 4 to 
provide the option to send and receive documents electronically, obtain 
up-to-date contact information and procedural information through the 
use of Standing Orders, and to remove outdated or unnecessary 
references in the existing regulations. These revisions do not impose 
new obligations on parties or the public. For example, parties may 
still submit paper documents but will have the option under the revised 
regulations to submit documents electronically.
    Because the rule does not diminish any substantive rights or 
require parties to alter their current procedural practices, we are 
publishing this rule without a prior proposal because of its 
noncontroversial nature. Nonetheless, this rule will not become 
effective until the date specified in DATES so that we may receive 
public comment on the rule. If we receive significant adverse comments 
by the comment due date specified in DATES, we will publish a document 
in the Federal Register withdrawing the rule, in whole or in part, 
before the rule goes into effect. Significant adverse comments are 
comments that provide strong justification as to why our rule should 
not be adopted or why it should be changed.
    The backdrop for this Direct Final Rule is OHA's interest in 
providing electronic transmission options as an improved service as 
well as establishing how it will communicate new processes as they are 
developed. In March 2020, at the onset of the COVID-19 pandemic, OHA 
reviewed its options to use existing technology to quickly meet the 
needs of parties, the public, and its employees and posted this 
information on the OHA website. OHA offered, where possible, the option 
of using electronic mail to transmit documents to certain OHA units, 
allowing many cases to proceed without the need for trips to the office 
or post office. This was intended to serve as a limited short-term 
solution since electronic mail restricts the size of the files that may 
be transmitted and because OHA's regulations, in some subparts, 
utilized terms, such as references to paper, that potentially limited 
OHA's ability to offer an electronic transmission option.

[[Page 5790]]

    As a long-term solution, OHA has acquired a comprehensive 
electronic filing and case docket management system and is presently 
working on its development and deployment. To accompany this effort, 
this rule removes potential regulatory constraints to fully offering 
electronic transmission options by providing for consistent language 
describing the available options to file, serve, and receive documents 
electronically under specified conditions. The rule does not remove 
paper or mail transmission options but using terms that are more 
inclusive to provide for the added option of electronic transmission.
    OHA also considered how best to provide parties and the public with 
procedural information on how to file, serve, and transmit documents 
electronically, as well as provide them with other information such as 
up-to-date office addresses. Fixing in regulation this type of 
information creates potential problems for parties because the 
information can quickly become outdated. To address this problem, 
consistent with existing practice, OHA decided to use Standing Orders 
issued by the Director of OHA as the mechanism for communicating up-to-
date information to the parties and the public. Using Standing Orders 
rather than some other type of guidance aligns with how OHA 
communicates to interested individuals or parties in an administrative 
adjudicative setting. A Standing Order issued by the OHA Director 
applies to all cases or appeals filed with OHA, and it is issued under 
the Director's authority to issue general notices pertaining to the 
functions assigned to OHA under 212 Departmental Manual (DM) 13.7. This 
rule amends the current regulations in 43 CFR part 4 to explicitly 
recognize the Director's authority to issue Standing Orders.
    Standing Orders on Electronic Transmission will provide the options 
and procedures for electronic transmission of documents and will be 
updated as procedures under the electronic filing system are deployed, 
improved, and potentially expanded. Standing Orders on Contact 
Information will provide the contact information for Department offices 
that the rule removes from the regulatory text (some of which is 
outdated). By providing this information in a Standing Order, if an 
office moves to a new location or its contact information otherwise 
changes, updates may be made without the need to promulgate new 
regulations. And finally, if OHA has an emergency or immediate need, 
such as an unexpected closure of an office, the rule allows the OHA 
Director to issue Standing Orders to communicate to parties who have a 
pending appeal or a scheduled hearing or those members of the public 
seeking an appeal or hearing what processes are being used to address 
the particular situation. The OHA Director may issue more than one 
Standing Order on a topic.
    The use of OHA Standing Orders will provide parties and the public 
with up-to-date information that is easily referenced and in a format 
that may be sent individually or as an attachment, in paper or 
electronically, when needed. OHA would otherwise post this information 
on the website directly.
    This rule makes other miscellaneous corrections, such as revising 
outdated references, such as those to ``Examiners'' who no longer exist 
in the context of the regulation, and to the ``Board of Contract 
Appeals,'' which was abolished by Congress, effective January 6, 2007, 
with its functions transferred to a new Civilian Board of Contract 
Appeals (CBCA) within the General Services Administration. The rule 
corrects several inaccurate references. OHA is taking this action under 
its authority, at 5 U.S.C. 552, to publish regulations in the Federal 
Register.
    Below are tables summarizing various changes:

                           OHA Standing Orders
------------------------------------------------------------------------
          Existing              Proposed language     Sections affected
------------------------------------------------------------------------
None........................  Adds that the         Sec.   4.5(b).
                               Director may issue
                               OHA Standing
                               Orders, to be
                               available on the
                               Department of the
                               Interior OHA
                               website.
------------------------------------------------------------------------


                           Contact Information
------------------------------------------------------------------------
      Existing language         Proposed language     Sections affected
------------------------------------------------------------------------
Indicates that Part 2         Deletes reference to  Sec.   4.4.
 includes a list of field      a list of field
 offices.                      offices since Part
                               2 has been updated
                               to refer to the
                               FOIA website; Adds
                               reference to the
                               OHA Standing Orders
                               on Contact
                               Information.
Refers to addresses, city,    Removes address,      Sec.   4.321, Sec.
 or state.                     city or state.        4.332, Sec.
                              In some cases,         4.356, Sec.
                               specifically          4.413, Sec.
                               references the OHA    4.400, Sec.
                               Standing Orders on    4.472, Sec.
                               Contact Information.  4.909, Sec.
                                                     4.1107, Sec.
                                                     4.1109, Sec.
                                                     4.1129, Sec.
                                                     4.1150, Sec.
                                                     4.1161, Sec.
                                                     4.1182, Sec.
                                                     4.1190, Sec.
                                                     4.1191, Sec.
                                                     4.1200, Sec.
                                                     4.1202, Sec.
                                                     4.1203, Sec.
                                                     4.1262, Sec.
                                                     4.1303, Sec.
                                                     4.1266, Sec.
                                                     4.1271, Sec.
                                                     4.1282, Sec.
                                                     4.1283, Sec.
                                                     4.1301, Sec.
                                                     4.1352, Sec.
                                                     4.1362, Sec.
                                                     4.1367, Sec.
                                                     4.1371, Sec.
                                                     4.1376, Sec.
                                                     4.1381, Sec.
                                                     4.1386, Sec.
                                                     4.1391, Sec.
                                                     4.1604.
------------------------------------------------------------------------


                         Electronic Transmission
------------------------------------------------------------------------
          Existing              Proposed language     Sections affected
------------------------------------------------------------------------
None........................  New paragraph or      Sec.   4.5(b), Sec.
                               language or cross      4.22(g), Sec.
                               reference             4.310 (b), Sec.
                               concerning option     4.310 (f), Sec.
                               for the Electronic    4.323(d), Sec.
                               Transmission of       4.324(c)(4), Sec.
                               Documents.            4.333(b), Sec.
                                                     4.401(c)(4);
                                                     (d)(1), Sec.
                                                     4.401(e), Sec.
                                                     4.413(h), Sec.
                                                     4.422(e), Sec.
                                                     4.477, Sec.
                                                     4.620(b), Sec.
                                                     4.701, Sec.
                                                     4.703(b), Sec.
                                                     4.813(d), Sec.
                                                     4.909(b)(1), Sec.
                                                     4.909(g), Sec.
                                                     4.1011(e), Sec.
                                                     4.1012(e), Sec.
                                                     4.1013(c), Sec.
                                                     4.1107(a) Sec.
                                                     4.1107(c), Sec.
                                                     4.1107(f), Sec.
                                                     4.1107(g), Sec.
                                                     4.1107(h), Sec.
                                                     4.1109(b), Sec.
                                                     4.1109(c), Sec.
                                                     4.1114(c).
Refers to ``Paper''.........  Replaces with         Sec.   4.22 Sec.
                               ``document''.         4.24, Sec.   4.450-
                                                     4, Sec.   4.450-6,
                                                     Sec.   4.480(a).

[[Page 5791]]

 
Utilize terms ``compact       Replaces with term    Sec.   4.401, Sec.
 disc'', ``facsimile'',        ``electronic          4.909, Sec.
 ``telefax'',                  transmission''.       4.1012, Sec.
 ``telegraphic''.                                    4.422, Sec.
                                                     4.1114.
------------------------------------------------------------------------


     Removing Other Outdated or Incorrect References and Corrections
------------------------------------------------------------------------
      Existing language         Proposed language     Sections affected
------------------------------------------------------------------------
Refers to ``Contract Board    Removes that          Sec.   4.5, Sec.
 of Appeals''.                 reference as          4.602.
                               Contract Board
                               Appeals no longer
                               exists.
Refers to ``Examiner''......  Replaces with         Sec.   4.26, Sec.
                               Administrative Law    4.432.
                               Judge as Examiners
                               are no longer used.
Outdated reference to         Replaces with         Sec.   4.400.
 ``Bureau of Ocean Energy      references to the
 Management, Regulation and    ``Bureau of Ocean
 Enforcement'' or makes no     Energy Management''
 reference.                    and the ``Bureau of
                               Safety and
                               Environmental
                               Enforcement'',
                               which were created
                               since the
                               regulations were
                               promulgated.
Reference to Sec.   4.410(b)  Corrects reference    Sec.   4.412.
                               to Sec.   4.410(e),
                               (b) was
                               redesignated as (e)
                               in 2003.
------------------------------------------------------------------------

Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866 and E.O. 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) at the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has determined 
that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The E.O. directs agencies to consider regulatory approaches that reduce 
burdens and maintain flexibility and freedom of choice for the public 
where these approaches are relevant, feasible, and consistent with 
regulatory objectives. E.O. 13563 emphasizes further that regulations 
must be based on the best available science and that the rulemaking 
process must allow for public participation and an open exchange of 
ideas. We have developed this rule in a manner consistent with these 
requirements.

B. Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
It does not change current funding requirements and would not impose 
any economic effects on small governmental entities.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. It does not add to, 
change, or diminish any substantive rights of any parties or the 
public. It provides parties to OHA proceedings the option to file 
documents electronically, removes outdated information and references, 
and authorizes the use of OHA Standing Orders as the means of 
communicating current information on contract information, electronic 
filing, and other procedural matters. This rule:
    (a) Will not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of the 
U.S.-based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under E.O. 12630. A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. A federalism summary impact 
statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule: (a) meets the criteria of section 3(a) 
requiring that all regulations be reviewed to eliminate errors and 
ambiguity and be written to minimize litigation; and (b) meets the 
criteria of section 3(b)(2) requiring that all regulations be written 
in clear language and contain clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in E.O. 13175 and have determined there are no substantial direct 
effects on federally recognized Indian Tribes that will result from 
this rulemaking.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not 
required. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

[[Page 5792]]

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because this is an administrative and procedural regulation 
under 43 CFR 46.210(i). We have also determined that this rule does not 
involve any of the extraordinary circumstances listed in 43 CFR 46.215 
that would require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

L. Clarity of This Regulation (Plain Language)

    We are required by Executive Orders 12866 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

M. Public Availability of Comments

    You may submit your comments and materials regarding this direct 
final rule by one of the methods listed in ADDRESSES. We will post all 
comments on https://www.regulations.gov. This generally means that we 
will post any personal information you include with your comment.
    Comments and materials we receive will be available for public 
inspection on the internet at https://www.regulations.gov. However, the 
comment will not be publicly viewable until we post it, which might not 
be immediate (see FOR FURTHER INFORMATION CONTACT).
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 43 CFR Part 4

    Administrative practice and procedure, Claims, Equal access to 
justice.

Regulation Promulgation

    For the reasons stated in the preamble, the Department of the 
Interior, Office of Hearings and Appeals, amends Part 4 in title 43 of 
the Code of Federal Regulations to read as follows:

PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9.


0
2. In Sec.  4.4, revise the second sentence to read as follows:


Sec.  4.4  Public records; locations of field offices.

    * * * Contact information for offices referenced in part 4 is 
available in the OHA Standing Orders on Contact Information on the 
Department of the Interior OHA website.

0
3. In Sec.  4.5:
0
a. In paragraph (a) introductory text, remove the word ``him'' and add 
in its place ``the Secretary''.
0
b. In paragraph (a)(1), remove the phrase ``, except a case before the 
Board of Contract Appeals which is subject to the Contract Disputes Act 
of 1978'';
0
c. In paragraph (a)(2), remove the phrase ``, except a decision by the 
Board of Contract Appeals which is subject to the Contract Disputes Act 
of 1978''; and
0
d. Revise paragraph (b).
    The revision reads as follows:


Sec.  4.5  Power of the Secretary and Director.

* * * * *
    (b) Pursuant to his delegated authority from the Secretary, the 
Director may assume jurisdiction of any case before any board of the 
Office or review any decision of any board of the Office or direct 
reconsideration of any decision by any board of the Office. The 
Director may issue Standing Orders to convey current information to 
parties and the public. This includes, but is not limited to, the OHA 
Standing Orders on Contact Information and the OHA Standing Orders on 
Electronic Transmission to convey information related to electronic 
transmission, including filing and service. OHA Standing Orders may be 
issued related to emergency or other contingency. OHA Standing Orders 
are available on the Department of the Interior OHA website.
* * * * *

0
4. In Sec.  4.22:
0
a. Revise the section heading;
0
b. In paragraph (c), in the first sentence remove the word ``papers,''; 
and
0
c. Add paragraph (g).
    The revision and addition read as follows:


Sec.  4.22  Documents; filing and service.

* * * * *
    (g) Electronic transmission of documents. A document may be 
electronically transmitted under the terms of specified in the OHA 
Standing Orders on Electronic Transmission issued by the Director. When 
done in accordance with the Standing Orders, a document may be:
    (1) Filed by electronic transmission; and
    (2) Served on or transmitted to a person or party by electronic 
transmission, if that person or party has consented to such means.


Sec.  4.24  [Amended]

0
5. In Sec.  4.24, in paragraph (a)(1), remove the word ``papers'' and 
add in its place the word ``documents''.


Sec.  4.26  [Amended]

0
6. In Sec.  4.26, in paragraph (b), remove the word ``examiner'' and 
add in its place ``administrative law judge''.


Sec.  4.30  [Amended]

0
7. In Sec.  4.30, remove the words ``which he considers to be'' and add 
in their place ``considered''.

0
8. In Sec.  4.31, revise paragraph (c)(2) to read as follows:


Sec.  4.31  Request for limiting disclosure of confidential 
information.

* * * * *
    (c) * * *
    (2) Not to retain in any format, and to return all physical copies 
of the information at the conclusion of the proceeding to the person 
submitting the information under paragraph (a) of this section.
* * * * *

[[Page 5793]]

Subpart D--Rules Applicable in Indian Affairs Hearings and Appeals

0
9. In Sec.  4.201, add a definition in alphabetical order for ``OHA'' 
to read as follows:


Sec.  4.201  Definitions.

* * * * *
    OHA means Office of Hearings and Appeals, Department of the 
Interior.
* * * * *

0
10. In Sec.  4.310:
0
a. Revise paragraph (a)(1);
0
b. Revise the heading of paragraph (b) and paragraph (b) introductory 
text;
0
c. Add paragraph (f).
    The revisions and addition read as follows:


Sec.  4.310  Documents.

    (a) * * *
    (1) For most documents, the date of mailing, the date of personal 
delivery, or the date of electronic transmission to the Board in 
accordance with paragraph (f); or
* * * * *
    (b) Serving notices of appeal and other documents. Any party filing 
a notice of appeal or other document before the Board must serve copies 
on all interested parties in the proceeding. Service must be 
accomplished by personal delivery, mailing, or electronic transmission 
in accordance with paragraph (f).
* * * * *
    (f) Electronic transmission of documents. A document may be 
electronically transmitted under the terms specified in the OHA 
Standing Orders on Electronic Transmission issued by the Director. When 
done in accordance with the Standing Orders, a document may be:
    (1) Filed by electronic transmission; and
    (2) Served on or transmitted to a person or party by electronic 
transmission, if that person or party has consented to such means.


Sec.  4.321  [Amended]

0
11. In Sec.  4.321:
0
a. In paragraph (a), remove the words ``we have'' and add in their 
place ``the judge has'' and remove the word ``judge's''.
0
b. In paragraph (b), remove the phrase ``, Office of Hearings and 
Appeals, U.S. Department of the Interior, 801 North Quincy Street, 
Arlington, Virginia 22203''.

0
12. In Sec.  4.323, add paragraph (d) to read as follows:


Sec.  4.323  Who receives service of the notice of appeal?

* * * * *
    (d) A notice of appeal may be electronically filed or served in 
accordance with Sec.  4.310(f).


Sec.  4.324  [Amended]

0
13. In Sec.  4.324, in paragraph (c)(4), add the words ``, electronic 
transmission in accordance with Sec.  4.310(f),'' after ``certified 
mail''.


Sec.  4.333  [Amended]

0
14. In Sec.  4.333, in paragraph (b), add the words, ``or electronic 
transmission in accordance with Sec.  4.310(f)'' after ``mailing''.


Sec.  4.356  [Amended]

0
15. In Sec.  4.356, in paragraph (a), remove the phrase, ``(address: 
Board of Indian Appeals, Office of Hearings and Appeals, 801 North 
Quincy Street, Arlington, Virginia 22203)''.

Subpart E--Special Rules Applicable to Public Land Hearings and 
Appeals

0
16. In Sec.  4.400:
0
a. In the definition of ``Board,'' remove ``in the Office of Hearings 
and Appeals. The address of the Board is 801 N Quincy Street, Suite 
300, Arlington, Virginia 22203. The telephone number is 703-235-3750, 
and the facsimile number is 703-235-8349''.
0
b. Remove the definition of ``BOEMRE'';
0
c. Add definitions in alphabetical order for ``BOEM'' and ``BSEE''; and
0
d. In the definition of ``Bureau or Office'', remove ``BOEMRE,'' and 
add in its place, ``BOEM, BSEE''.
    The additions read as follows:


Sec.  4.400  Definitions.

* * * * *
    BOEM means the Bureau of Ocean Energy Management.
    BSEE means the Bureau of Safety and Environmental Enforcement.
* * * * *

0
17. In Sec.  4.401:
0
a. Revise the section heading;
0
b. In paragraphs (c)(4)(i)(D) and (c)(4)(ii)(D), remove the words ``, 
means such as electronic mail or facsimile,'' wherever they appear and 
add in their place ``transmission'';
0
c. In paragraph (c)(6)(iii), remove the word ``means'' and add in its 
place ``transmission'';
0
d. In paragraph (d)(1) introductory text, add a sentence at the end of 
the paragraph; and
0
e. Add paragraph (e).
    The revision and additions read as follows:


Sec.  4.401  Documents; filing and service.

* * * * *
    (d) * * *
    (1) * * * A document filed with the Board by electronic 
transmission in a case must also comply with the requirements 
established in the OHA Standing Orders on Electronic Transmission, and 
the following requirements apply to any pleading, motion, brief, or 
other document filed in a case under this subpart, other than an 
exhibit of the administrative record.
    (e) Electronic transmission of documents. A document may be 
electronically transmitted under the terms specified in of OHA Standing 
Orders on Electronic Transmission issued by the Director. When done in 
accordance with the Standing Orders, a document may be:
    (1) Filed by electronic transmission; and
    (2) Served on or transmitted to a person or party by electronic 
transmission, if that person or party has consented to such means.


Sec.  4.412  [Amended]

0
18. In Sec.  4.412, in paragraph (b), remove ``Sec.  4.410(b)'' and add 
in its place ``Sec.  4.410(e)''.

0
19. In Sec.  4.413, revise paragraphs (c) through (e) to read as 
follows:


Sec.  4.413  Service of notice of appeal.

* * * * *
    (c) The appellant must serve a copy of the notice of appeal on the 
Office of the Solicitor as identified in OHA Standing Orders on Contact 
Information.
    (d) This paragraph (d) applies to any appeal taken from a decision 
of a BLM State Office, including all District, Field, and Area Offices 
within that State Office's jurisdiction. The appellant must serve 
documents on the Office of the Solicitor as identified in the OHA 
Standing Orders on Contact Information.
    (e) A notice of appeal may be electronically filed or served in 
accordance with Sec.  4.401(e).
* * * * *

0
20. In Sec.  4.422:
0
a. Revise the section heading;
0
b. In paragraph (c)(4), remove the words ``means, such as electronic 
mail or facsimile'' wherever they appear and add in their place 
``transmission'';
0
c. In paragraph (c)(6), remove the word ``means'' and add in its place 
``transmission''; and
0
d. Add paragraph (e).
    The revision and addition read as follows:


Sec.  4.422  Documents; filing and service.

* * * * *

[[Page 5794]]

    (e) Electronic transmission of documents. A document may be 
electronically transmitted under the terms of the OHA Standing Orders 
on Electronic Transmission issued by the Director. When done in 
accordance with the Standing Orders, a document may be:
    (1) Filed by electronic transmission; and
    (2) Served on or transmitted to a person or party by electronic 
transmission if that person or party has consented to such means.


Sec.  4.432  [Amended]

0
21. In Sec.  4.432, in paragraph (b), remove the word ``examiner'' and 
add in its place ``administrative law judge''.


Sec.  4.450-4   [Amended]

0
22. In Sec.  4.450-4, in paragraph (a)(8), remove the word ``papers'' 
and add in its place the word ``documents''.


Sec.  4.450-6  [Amended]

0
23. In Sec.  4.450-6, remove the word ``papers'' and add in its place 
the word ``documents''.


Sec.  4.472  [Amended]

0
24. In Sec.  4.472, in paragraph (a), remove the phrase ``, Salt Lake 
City, Utah''.


Sec.  4.477  [Amended]

0
25. In Sec.  4.477, in the last sentence, add the words ``or by 
electronic transmission if the parties consented to such means under 
the terms of OHA Standing Orders on Electronic Transmission'' after 
``to all the parties''.


Sec.  4.480  [Amended]

0
26. In Sec.  4.480, in paragraph (a), remove the word ``papers'' and 
add in its place the word ``documents''.

Subpart F--Implementation of Equal Access to Justice Act in Agency 
Proceedings


Sec.  4.602  [Amended]

0
27. In Sec.  4.602, in the definition of ``Adversary adjudication,'' 
remove paragraph (2) and redesignate paragraphs (3) and (4) as 
paragraphs (2) and (3).

0
28. In Sec.  4.620, designate the existing text as paragraph (a) and 
add paragraph (b) to read as follows:


Sec.  4.620  How must I file and serve documents?

* * * * *
    (b) A document may be electronically transmitted under the terms 
specified in the OHA Standing Orders on Electronic Transmission issued 
by the Director. When done in accordance with the Standing Orders, a 
document may be:
    (1) Filed by electronic transmission; and
    (2) Served on or transmitted to a person or party by electronic 
transmission if that person or party has consented to such means.

Subpart G--Special Rules Applicable to Other Appeals and Hearings


Sec.  4.701  [Amended]

0
29. In Sec.  4.701, add the words ``or electronically transmit under 
the terms of OHA Standing Orders'' before the words ``copy of the 
notice of appeal''.

0
30. In Sec.  4.703, revise the section heading, designate the existing 
text as paragraph (a), and add paragraph (b).
    The revision and addition read as follows:


Sec.  4.703  Documents; filing and service.

* * * * *
    (b) A document may be electronically transmitted under the terms 
specified in the OHA Standing Orders on Electronic Transmission issued 
by the Director. When done in accordance with the Standing Orders, a 
document may be:
    (1) Filed by electronic transmission; and
    (2) Served on or transmitted to a person or party by electronic 
transmission if that person or party has consented to such means.

Subpart I--Special Procedural Rules Applicable to Practice and 
Procedure for Hearings, Decisions, and Administrative Review Under 
Part 17 of This Title--Nondiscrimination in Federally Assisted 
Programs of the Department of the Interior--Effectuation of Title 
VI of the Civil Rights Act of 1964

0
31. In Sec.  4.813, add paragraph (d) to read as follows:


Sec.  4.813   Filing and service.

* * * * *
    (d) A document may be electronically transmitted under the terms 
specified in Sec.  4.22, subpart B.

Subpart J--Special Rules Applicable to Appeals Concerning Federal 
Oil and Gas Royalties

0
32. In Sec.  4.903, add a definition in alphabetical order for ``OHA'' 
to read as follows:


Sec.  4.903  Definitions.

* * * * *
    OHA means Office of Hearings and Appeals, Department of the 
Interior.
* * * * *

0
33. In Sec.  4.909:
0
a. In paragraph (b)(1):
0
i. Remove the words ``801 North Quincy Street, Arlington, Virginia 
22203'';
0
ii. Remove the words ``telefax to (703) 235-8349'' and add in their 
place ``electronic transmission under the terms of OHA Standing Orders 
on Electronic Transmission''; and
0
b. Add paragraph (g).
    The addition reads as follows:


Sec.  4.909  How do I request an extension of time?

* * * * *
    (g) A document may be electronically transmitted under the terms 
specified in the OHA Standing Orders on Electronic Transmissions.

Subpart K--Hearing Process Concerning Acknowledgment of American 
Indian Tribes

0
34. In Sec.  4.1001, add a definition in alphabetical order for ``OHA'' 
to read as follows:


Sec.  4.1001  What terms are used in this subpart?

* * * * *
    OHA means Office of Hearings and Appeals, Department of the 
Interior.
* * * * *

0
35. In Sec.  4.1012:
0
a. In paragraph (a), revise the second sentence;
0
b. In paragraph (b)(1)(ii), remove the word ``or'';
0
c. In paragraph (b)(2), add the phrase ``made under paragraphs 
(b)(1)(i) through (iii) of this section'' after ``any filing'' and 
remove the words ``on compact disc''; and
0
d. Add paragraph (e).
    The revision and addition read as follows:


Sec.  4.1012  Where and how must documents be filed?

    (a) * * * DCHD's contact information is identified in the OHA 
Standing Orders on Contact Information.
* * * * *
    (e) A document may be electronically transmitted under the terms 
specified in OHA Standing Orders on Electronic Transmission.

0
36. In Sec.  4.1013:
0
a. In paragraph (c)(3)(iii), remove the period and add ``; or'' its 
place; and
0
b. Add paragraph (c)(4).
    The addition reads as follows:


Sec.  4.1013  How must documents be served?

* * * * *
    (c) * * *
    (4) By transmitting the document electronically if there is 
electronic

[[Page 5795]]

confirmation that the transmission was successful and if under the 
terms specified in OHA Standing Orders.
* * * * *

Subpart L--Special Rules Applicable to Surface Coal Mining Hearings 
and Appeals

0
37. In Sec.  4.1100:
0
a. Remove the paragraph designations; and
0
b. Add in alphabetical order a definition for ``Hearings Division''.
    The addition reads as follows:


Sec.  4.1100   Definitions.

* * * * *
    Hearings Division means the Departmental Cases Hearings Division, 
Office of Hearings and Appeals.
* * * * *

0
38. In Sec.  4.1107 revise paragraphs (a), (c), (d), (f), (g), and (h) 
to read as follows:


Sec.  4.1107  Filing of documents.

    (a) Any initial pleadings in a proceeding to be conducted or being 
conducted by an administrative law judge under these rules shall be 
filed with the Hearings Division by hand or by mail under the terms 
specified in the Standing Orders on Contact Information or by 
electronic transmission under the terms specified in OHA Standing 
Orders on Electronic Transmission.
* * * * *
    (c) Any notice of appeal, petition for review or other documents in 
a proceeding to be conducted or being conducted by the Board shall be 
filed with the Board of Land Appeals by hand or by mail under the terms 
specified in the OHA Standing Orders on Contact Information or by 
electronic transmission under the terms specified in OHA Standing 
Orders on Electronic Transmission.
    (d) Any person filing initial pleadings with the Hearings Division 
or a notice of appeal with the Board by hand or by mail shall furnish 
an original and one copy. Any person filing other documents with OHA by 
hand or by mail shall furnish only an original.
* * * * *
    (f) The effective filing date for documents initiating proceedings 
before the Hearings Division, OHA, Arlington, VA, shall be the date of 
receipt in that office, if filed by hand, or the date such document is 
postmarked, if filed by mail, or the date of electronic transmission 
under the terms specified in the OHA Standing Orders on Electronic 
Transmission.
    (g) The effective filing date for a notice of appeal or a petition 
for discretionary review filed with the Board shall be the date of 
mailing or the date of personal delivery or the date of electronic 
transmission under the terms specified in the OHA Standing Orders on 
Electronic Transmission, except the effective filing date for a notice 
of appeal from a decision in an expedited review of a cessation order 
proceeding or from a decision in a suspension or revocation proceeding 
shall be the date of receipt of the document by the Board. The burden 
of establishing the date of mailing shall be on the person filing the 
document.
    (h) The effective filing date for all other documents filed with an 
administrative law judge or with the Board shall be the date of mailing 
or personal delivery or electronic transmission under the terms 
specified in the OHA Standing Orders on Electronic Transmission. The 
burden of establishing the date of mailing shall be on the person 
filing the document.

0
39. In Sec.  4.1109 revise paragraphs (a)(2), (b), and (c) to read as 
follows:


Sec.  4.1109  Service.

    (a) * * *
    (2) The jurisdictions, addresses, and telephone numbers of the 
applicable officers of the Office of the Solicitor to be served under 
paragraph (a)(1) of this section are identified in the OHA Standing 
Orders on Contact Information.
* * * * *
    (b) Copies of documents by which any proceeding is initiated shall 
be served on all statutory parties personally or by registered or 
certified mail, return receipt requested, or by electronic transmission 
under the terms of the OHA Standing Orders on Electronic Transmission. 
All subsequent documents shall be served personally or by first class 
mail or by electronic transmission under the terms of the OHA Standing 
Orders on Electronic Transmission.
    (c) Service of copies of all documents is complete at the time of 
personal service or, if service is made by mail, upon receipt, or, if 
service is made by electronic transmission, at the time of 
transmission.
* * * * *

0
40. In Sec.  4.1114, revise paragraph (c) to read as follows:


Sec.  4.1114  Advancement of proceedings.

* * * * *
    (c) Service of a motion under this section shall be accomplished by 
personal delivery or telephonic communication followed by mail or by 
electronic transmission under the terms specified in the OHA Standing 
Orders on Electronic Transmission. Service is complete upon mailing or, 
if service is made by electronic transmission, at the time of 
transmission.
* * * * *


Sec.  4.1129  [Amended]

0
41. In Sec.  4.1129, remove ``, Arlington, Va''.


Sec.  4.1150  [Amended]

0
42. In Sec.  4.1161, remove the phrase ``, 801 North Quincy Street, 
Arlington, Va. 22203''.


Sec.  4.1161  [Amended]

0
43. In Sec.  4.1161, remove the phrase ``, 801 North Quincy Street, 
Arlington, Va. 22203''.


Sec.  4.1182  [Amended]

0
44. In Sec.  4.1182, remove the phrase ``, 801 North Quincy Street, 
OHA, Arlington, Va. 22203''.


Sec.  4.1190  [Amended]

0
45. In Sec.  4.1190, in paragraph (a), remove the phrase ``801 N Quincy 
Street, Suite 300, Arlington, VA 22203,''.


Sec.  4.1191  [Amended]

0
46. In Sec.  4.1191, remove ``, Arlington, Va''.


Sec.  4.1200  [Amended]

0
47. In Sec.  4.1200, in paragraph (a), remove the phrase ``, 801 N 
Quincy Street, Suite 300, Arlington, VA 22203'' and remove the phrase 
``, Arlington, VA,''.


Sec.  4.1202  [Amended]

0
48. In Sec.  4.1202, in paragraph (a), remove ``, Arlington, Va.,''.


Sec.  4.1203  [Amended]

0
49. In Sec.  4.1203, in paragraph (b), remove ``, Arlington, Va''.


Sec.  4.1262  [Amended]

0
50. In Sec.  4.1262, remove the words ``801 N Quincy Street, Suite 300, 
Arlington, Va. 22203,''.


Sec.  4.1266  [Amended]

0
51. In Sec.  4.1266:
0
a. In paragraph (b)(1), remove the words ``Sec.  4.1109'' and add in 
their place, ``the OHA Standing Orders on Contact Information'';
0
b. In paragraph (b)(2) introductory text:
0
i. Remove the word ``telephone'' before the word ``notice'' in the 
first and second sentence;

[[Page 5796]]

0
ii. In the second sentence, remove the words ``telephone number'' and 
add in their place ``contact information'';
0
iii. Remove the phrase ``OSM's'' and add in its place, ``OSMRE's' field 
offices' contact information is provided in the OHA Standing Orders on 
Contact Information'';
0
iv. Remove the list of undesignated field offices following paragraph 
(b)(2); and
0
c. In paragraph (b)(3), remove ``OHA'' and add in its place ``the 
Hearings Division''.


Sec.  4.1282  [Amended]

0
52. In Sec.  4.1282, in paragraph (a), remove the words ``801 N Quincy 
Street, Arlington, Va. 22203,''.


Sec.  4.1301  [Amended]

0
53. In Sec.  4.1301, remove ``, 801 North Quincy Street, Arlington, 
Virginia 22203. Phone: 703-235-3800'.


Sec.  4.1352  [Amended]

0
54. In Sec.  4.1352, in paragraph (b), remove ``801 N Quincy Street, 
Suite 300, Arlington, Virginia 22203 (telephone 703-235-3800),''.


Sec.  4.1362  [Amended]

0
55. In Sec.  4.1362, in paragraph (a), remove ``, 801 North Quincy 
Street, Arlington, Virginia 22203 (phone 703-235-3800),''.


Sec.  4.1367  [Amended]

0
56. In Sec.  4.1367, in paragraph (b), remove ``, 801 North Quincy 
Street, Arlington, Virginia 22203 (phone 703-235-3800),''.


Sec.  4.1371  [Amended]

0
57. In Sec.  4.1371, in paragraph (a), remove ``, 801 N Quincy Street, 
Suite 300, Arlington, Virginia 22203 (telephone 703-235-3800)''.


Sec.  4.1376  [Amended]

0
58. In Sec.  4.1376, in paragraph (b), remove ``, 801 North Quincy 
Street, Arlington, Virginia 22203 (Telephone 703-235-3800)''.


Sec.  4.1381  [Amended]

0
59. In Sec.  4.1381, in paragraph (a), remove ``, 801 N Quincy Street, 
Suite 300, Arlington, Virginia 22203 (telephone 703-235-3800)''.


Sec.  4.1386  [Amended]

0
60. In Sec.  4.1386, in paragraph (b), remove ``, 801 North Quincy 
Street, Arlington, Virginia 22203 (Telephone 703-235-3800)''.


Sec.  4.1391  [Amended]

0
61. In Sec.  4.1391, in paragraph (a), remove ``, 801 N Quincy Street, 
Suite 300, Arlington, VA 22203 (telephone 703-235-3800)''.

Subpart M--Special Procedural Rules Applicable to Appeals of 
Decisions Made Under OMB Circular A-76


Sec.  4.1604  [Amended]

0
62. In Sec.  4.1604 remove the phrase ``, 801 N Quincy Street, 
Arlington, VA 22203''.
    This action is taken pursuant to delegated authority.

Joan M. Mooney,
Principal Deputy Assistant Secretary Policy, Management and Budget.
[FR Doc. 2023-00990 Filed 1-27-23; 8:45 am]
BILLING CODE 4334-63-P