83 FR 45366 - Revisions to Procedural Rules Governing Practice Before the Occupational Safety and Health Review Commission

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range		45366-45367
FR Document		2018-18050

This document solicits recommendations for amendments to the Commission's rules of procedure.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)

[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Proposed Rules]
[Pages 45366-45367]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18050]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2200


Revisions to Procedural Rules Governing Practice Before the 
Occupational Safety and Health Review Commission

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: This document solicits recommendations for amendments to the 
Commission's rules of procedure.

DATES: Submit comments on or before October 9, 2018.

ADDRESSES: You may submit comments by any of the following methods:

[[Page 45367]]

     Email: rbailey@oshrc.gov. Include ``Advance notice of 
proposed rulemaking, 29 CFR part 2200'' in the subject line of the 
message.
     Fax: 202-606-5417.
     Mail: One Lafayette Centre, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457.
     Hand Delivery/Courier: Same as mailing address.
    Instructions: All submissions must include your name, return 
address, and email address, if applicable. Please clearly label 
submissions as ``Advance notice of proposed rulemaking, 29 CFR part 
2200.''

FOR FURTHER INFORMATION CONTACT: Ron Bailey, via telephone at 202-606-
5410, or via email at rbailey@oshrc.gov.

SUPPLEMENTARY INFORMATION: In accordance with 29 U.S.C. 661(g), the 
Occupational Safety and Health Review Commission last implemented a 
comprehensive revision of its rules of procedure in 2005. Since that 
time, technological advances, including implementation of the E-filing 
system, as well as the evolution of practice before the Commission, 
have called for a careful reexamination of the Commission's rules of 
procedure, as set forth in 29 CFR part 2200. To assist in determining 
what revisions should be made, the agency is soliciting recommendations 
from the public. It is especially interested in hearing from those who 
practice before it on what rules their experience suggests would 
benefit from a revision. While recommended changes to any rule will be 
considered, the Commission is especially interested in whether: Rules 
on the computation of time should be simplified; electronic filing and 
service should be mandatory and, if so, what exceptions, if any, should 
be allowed; the definition of ``affected employee'' should be 
broadened; citing to Commission decisions as posted on the agency's 
website should be allowed; the rule on the staying of a final order is 
not needed and should be eliminated; the requirement for agency 
approval of settlements should be narrowed or eliminated; the grounds 
for obtaining Commission review of interlocutory orders issued by its 
administrative law judges should be revised; protection of sensitive 
personal information should be broadened; and whether the threshold 
amount for cases referred for mandatory settlement proceedings should 
be increased. Comments suggesting a rule change should include a brief 
discussion of the reasons for the change, why the change would 
facilitate improved practice before the Commission, and a reference to 
authority where necessary.

    Dated: August 15, 2018.
Heather L. MacDougall,
Chairman.
[FR Doc. 2018-18050 Filed 9-6-18; 8:45 am]
 BILLING CODE 7600-01-P

Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Proposed Rules 45367

• Email: rbailey@oshrc.gov. Include Commission, and a reference to of this document. Note that all
‘‘Advance notice of proposed authority where necessary. comments received will be posted
rulemaking, 29 CFR part 2200’’ in the Dated: August 15, 2018. without change to the Commission’s
subject line of the message. Heather L. MacDougall,
website, unless the commenter has
• Fax: 202–606–5417. Chairman.
requested confidential treatment.
• Mail: One Lafayette Centre, 1120 • Docket: For access to the docket to
[FR Doc. 2018–18050 Filed 9–6–18; 8:45 am] read background documents or
20th Street NW, Ninth Floor,
Washington, DC 20036–3457.
BILLING CODE 7600–01–P comments received, go to the
Commission’s Electronic Reading Room
• Hand Delivery/Courier: Same as at: http://www.fmc.gov/18-06, or to the
mailing address. FEDERAL MARITIME COMMISSION Docket Activity Library at 800 North
Instructions: All submissions must Capitol Street NW, Washington, DC
include your name, return address, and 46 CFR Part 545 20573, 9:00 a.m. to 5:00 p.m., Monday
email address, if applicable. Please through Friday, except Federal holidays.
[Docket No. 18–06]
clearly label submissions as ‘‘Advance Telephone: (202) 523–5725.
notice of proposed rulemaking, 29 CFR RIN 3072–AC71
FOR FURTHER INFORMATION CONTACT:
part 2200.’’ Rachel E. Dickon, Secretary; Phone:
Interpretive Rule, Shipping Act of 1984
FOR FURTHER INFORMATION CONTACT: Ron (202) 523–5725; Email: secretary@
Bailey, via telephone at 202–606–5410, AGENCY: Federal Maritime Commission. fmc.gov.
or via email at rbailey@oshrc.gov. ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION: In
SUMMARY: The Federal Maritime I. Executive Summary
accordance with 29 U.S.C. 661(g), the
Occupational Safety and Health Review Commission (FMC or Commission) is The Federal Maritime Commission is
Commission last implemented a seeking public comment on its issuing this notice to obtain public
comprehensive revision of its rules of interpretation of the scope of the comments on clarification and guidance
procedure in 2005. Since that time, Shipping Act prohibition against failing regarding the Commission’s
technological advances, including to establish, observe, and enforce just interpretation of the scope of 46 U.S.C.
implementation of the E-filing system, and reasonable regulations and practices 41102(c) (section 10(d)(1) of the
as well as the evolution of practice relating to or connected with receiving, Shipping Act of 1984).1 Section
before the Commission, have called for handling, storing, or delivering 41102(c) provides that regulated entities
a careful reexamination of the property. Specifically, the Commission ‘‘may not fail to establish, observe, and
Commission’s rules of procedure, as set is clarifying that the proper scope of that enforce just and reasonable regulations
forth in 29 CFR part 2200. To assist in prohibition in the Shipping Act of 1984 and practices relating to or connected
determining what revisions should be and the conduct covered by it is guided with receiving, handling, storing, or
made, the agency is soliciting by the Commission’s interpretation and delivering property.’’ 2
recommendations from the public. It is precedent articulated in several earlier Beginning with the Houben 3 decision
especially interested in hearing from Commission cases, which require that a in 2010 and presented in full in the
those who practice before it on what regulated entity engage in a practice or Commission’s 2013 decision in Kobel v.
rules their experience suggests would regulation on a normal, customary, and Hapag-Lloyd, the Commission has held
benefit from a revision. While continuous basis and that such practice in a line of recent cases that discrete
recommended changes to any rule will or regulation is unjust or unreasonable conduct with respect to a particular
be considered, the Commission is in order to violate that section of the shipment, if determined to be unjust or
especially interested in whether: Rules Shipping Act. unreasonable, represents a violation of
on the computation of time should be DATES: Submit comments on or before: § 41102(c), regardless of whether that
simplified; electronic filing and service October 10, 2018. conduct represents a respondent’s
should be mandatory and, if so, what practice or regulation.4 These decisions
ADDRESSES: You may submit comments,
exceptions, if any, should be allowed; identified by the Docket No. 18–06 by diverge from consistent Commission
the definition of ‘‘affected employee’’ the following methods: precedent dating back to 1935 and
should be broadened; citing to • Email: secretary@fmc.gov. Include reaffirmed as recently as 2001 which
Commission decisions as posted on the in the subject line: ‘‘Docket 18–06, required that a regulated entity must
agency’s website should be allowed; the Interpretive Rule Comments.’’ engage in a practice or regulation on a
rule on the staying of a final order is not Comments should be attached to the normal, customary, and continuous
needed and should be eliminated; the email as a Microsoft Word or text- basis in order to be found to have
requirement for agency approval of searchable PDF document. Only non- violated § 41102(c) of the Shipping Act.
settlements should be narrowed or confidential and public versions of In simple summary, discrete or
eliminated; the grounds for obtaining confidential comments should be 1 Some authorities cited herein refer to § 41102(c)
Commission review of interlocutory submitted by email. while others refer to section 10(d)(1). For ease of
orders issued by its administrative law • Mail: Rachel E. Dickon, Secretary, reading, we will generally refer to § 41102(c) in
judges should be revised; protection of Federal Maritime Commission, 800 analyzing these authorities.
2 46 U.S.C. 41102(c).
sensitive personal information should North Capitol Street NW, Washington,
daltland on DSKBBV9HB2PROD with PROPOSALS

3 Houben v. World Moving Services, Inc., 31
be broadened; and whether the DC 20573–0001.
S.R.R. 1400 (FMC 2010).
threshold amount for cases referred for • Instructions: For detailed 4 Kobel v. Hapag-Lloyd A.G., 32 S.R.R. 1720, 1731
mandatory settlement proceedings instructions on submitting comments, (2013) (‘‘The allegation that a single failure to
should be increased. Comments including requesting confidential ‘‘observe or enforce’’ just and reasonable regulations
suggesting a rule change should include treatment of comments, and additional or practices is not a failure does not comport with
the language of section 10(d)(1), which mandates
a brief discussion of the reasons for the information on the rulemaking process, regulated entities not to ‘fail to . . . observe and
change, why the change would facilitate see the Public Participation heading of enforce’ just and reasonable regulations and
improved practice before the the SUPPLEMENTARY INFORMATION section practices.’’).

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Document Created: 2018-09-07 00:15:36
Document Modified: 2018-09-07 00:15:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		Submit comments on or before October 9, 2018.
Contact		Ron Bailey, via telephone at 202-606- 5410, or via email at [email protected]
FR Citation		83 FR 45366