Simplified Proceedings
| Published date | 25 November 2019 |
| Citation | 84 FR 64754 |
| Record Number | 2019-25503 |
| Section | Rules and Regulations |
| Court | Federal Mine Safety And Health Review Commission |
Federal Register, Volume 84 Issue 227 (Monday, November 25, 2019)
[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Rules and Regulations]
[Page 64754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25503]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Part 2700
Simplified Proceedings
AGENCY: Federal Mine Safety and Health Review Commission.
ACTION: Direct final rule; confirmation of effective date.
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SUMMARY: The Federal Mine Safety and Health Review Commission (the
``Commission'') is an independent adjudicatory agency that provides
hearings and appellate review of cases arising under the Federal Mine
Safety and Health Act of 1977. On October 11, 2019, the Commission
published in the Federal Register a direct final rule which would
withdraw the Commission's procedures for simplified proceedings. The
Commission received one comment on the rule and is confirming the
withdrawal of its simplified proceeding rules.
DATES: The effective date of November 25, 2019, for the direct final
rule published October 11, 2019 (84 FR 54782), is confirmed.
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:
A. Background
In 2010, the Commission published in the Federal Register a final
rule to simplify the procedures for handling certain civil penalty
proceedings. The Commission evaluated the procedures in a pilot program
extending almost nine years.
Based upon its evaluation of the simplified proceedings pilot
program, the Commission determined that a special set of procedures for
its simplest cases is not necessary at the present time. The
Commission's overall caseload has decreased since the simplified
proceedings rule was promulgated. Moreover, parties may request on a
case-by-case basis that the Commission adapt the Commission's
conventional procedures as necessary to expedite or simplify the
processing of a case.
On October 11, 2019 (84 FR 54782), the Commission published a
direct final rule withdrawing the simplified proceedings rule and
permitting comment. The Commission received one comment from the
Solicitor of Labor, on behalf of the U.S. Department of Labor. The
Solicitor made no specific comments on the procedural rules themselves.
Rather, the Solicitor suggested that the Commission should solicit more
comments and data on the manner to improve the proceedings, including
considering in part the simplified proceeding rules of the Occupational
Safety and Health Review Commission (``OSHRC'').
The Commission already considered OSHRC's simplified proceeding
rules in its determination that the Commission's simplified rules
should be withdrawn. Having considered the comments received, the
Commission has determined that subpart J should be withdrawn at the
present time. If practice proves the necessity for different rules
applicable to the Commission's simplest cases, the Commission will
publish a proposal of such rules at that time.
B. Notice and Public Procedure
1. Executive Orders
The Commission is an independent regulatory agency under section
3(b) of Executive Order (``E.O.'') 12866 (Sept. 30, 1993), 58 FR 51735
(Oct. 4, 1993); E.O. 13563 (Jan. 18, 2011), 76 FR 3821 (Jan. 21, 2011);
E.O. 13771 (Jan. 30, 2017), 82 FR 9339 (Feb. 3, 2017); E.O. 13777 (Feb.
24, 2017), 82 FR 12285 (Mar. 1, 2017); and E.O. 13132 (Aug. 4, 1999),
64 FR 43255 (Aug. 10, 1999).
The Commission has determined that this rulemaking does not have
``takings implications'' under E.O. 12630 (Mar. 15, 1988), 53 FR 8859
(Mar. 18, 1988).
The Commission has determined that these regulations meet all
applicable standards set forth in E.O. 12988 (Feb. 5, 1996), 61 FR 4729
(Feb. 7, 1996).
2. Statutory Requirements
The Commission has determined that this rulemaking is exempt from
the requirements of the Regulatory Flexibility Act (``RFA'') (5 U.S.C.
601 et seq.), because the rule would not have a significant economic
impact on a substantial number of small entities.
The Commission has determined that this rule is not a ``major
rule'' under the Small Business Regulatory Enforcement Fairness Act
(``SBREFA'') (5 U.S.C. 804(2)).
The Commission has determined that the Paperwork Reduction Act
(``PRA'') (44 U.S.C. 3501 et seq.) does not apply because these rules
do not contain any information collection requirements that require the
approval of the OMB.
The Commission has determined that the Congressional Review Act
(``CRA'') (5 U.S.C. 801 et seq.) does not apply because, pursuant to 5
U.S.C. 804(3)(C), these rules are rules of agency procedure or practice
that do not substantially affect the rights or obligations of non-
agency parties.
The Commission has determined that this rulemaking is not a major
Federal action significantly affecting the quality of the human
environment requiring an environmental assessment under the National
Environmental Policy Act (``NEPA'') (42 U.S.C. 4321 et seq.).
The Commission is an independent regulatory agency, and as such, is
not subject to the requirements of the Unfunded Mandates Reform Act
(``UMRA'') (2 U.S.C. 1532 et seq.).
Dated: November 20, 2019.
Marco M. Rajkovich, Jr.,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. 2019-25503 Filed 11-22-19; 8:45 am]
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