Federal Register: September 20, 2006 (Volume 71, Number 182)
DOCID: FR Doc E6-15582
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Federal Mine Safety and Health Review Commission
CFR Citation: 29 CFR Parts 2700, 2704, and 2705
NOTICE: RULES
ACTION: Procedural rules, etc.:
DOCUMENT ACTION: Final rule; technical amendments.
SUBJECT CATEGORY:
Procedural Rules
DATES: Effective October 3, 2006.
DOCUMENT SUMMARY:
This document makes technical amendments to the Federal Mine Safety and Health Review Commission's procedural rules and regulations implementing the Equal Access to Justice Act and Privacy Act.
SUMMARY:
Revisions,
SUPPLEMENTAL INFORMATION
Background
On August 4, 2006, the Federal Mine Safety and Health Review Commission
[[Page 54905]]
published a final rule in the Federal Register, setting forth revisions
to its procedural rules (29 CFR part 2700) and regulations implementing
the Equal Access to Justice Act (``EAJA'') (29 CFR part 2704) and
Privacy Act (29 CFR part 2705). 71 FR 44190. This rule in part makes
technical amendments that conform with changes made in the August 4
publication. In the August 4 final rule, the Commission amended 29 CFR
2704.104 by removing paragraph (b)(2), which provided for the
aggregation of assets or employees of affiliates of a prevailing party
to determine eligibility for an EAJA award. 71 FR 44203, 44210. The
Commission also in part redesignated paragraphs (b)(3) and (b)(4) of
Sec. 2704.104 as paragraphs (b)(2) and (b)(3). 71 FR 44210. In these
technical amendments, the Commission is revising 29 CFR 2704.202(b) and
(c) to remove references to former section 2704.104(b)(2), and to ``affiliates'' described in former Sec. 2704.104(b)(2).
In addition, this technical amendment corrects errors made in
publications of prior years. Specifically, the Commission is revising
the reference to ``Sec. 1700.5(d)'' set forth in 29 CFR 2700.5(b) to
correctly state a reference to ``Sec. 2700.5(e).'' The Commission is
also revising 29 CFR 2704.106(a) to insert the word ``or'' so that the
paragraph reads in part that ``[a]wards will be based on rates
customarily charged by persons engaged in the business of or acting as
attorneys, agents and expert witnesses.'' Further, the Commission is
making three minor punctuation changes. First, the Commission is
revising 29 CFR 2704.103(a)(3) by replacing the semicolon at the end
of the paragraph with a period. Second, the Commission is revising 29
CFR 2704.104(b)(1) by replacing the semicolon at the end of the
paragraph with a period. Third, the Commission is revising 29 CFR
2705.2(c) by replacing the period at the end of the paragraph with a
semicolon. Finally, the Commission is replacing the term ``system or
records'' in 29 CFR 2705.2(d) with ``system of records.'' All of the changes in this technical amendment are nonsubstantive.
List of Subjects
29 CFR Part 2700
Administrative practice and procedure, Mine safety and health, Penalties, Whistleblowing.
29 CFR Part 2704
Claims, Equal access to justice, Lawyers.
29 CFR Part 2705
Privacy.
For the reasons stated in the preamble, the Commission amends 29 CFR parts 2700, 2704, and 2705 as follows:
PART 2700PROCEDURAL RULES
1. The authority citation for part 2700 continues to read as follows:
Authority: 30 U.S.C. 815, 820 and 823.
2. The second sentence of paragraph (b) of Sec. 2700.5 is revised to read as follows:
Sec. 2700.5 General requirements for pleadings and other documents; status or informational requests.
* * * * *
(b) * * * Documents filed with the Commission shall be addressed to
the Executive Director and mailed or delivered to the Docket Office,
Federal Mine Safety and Health Review Commission, 601 New Jersey
Avenue, NW., Suite 9500, Washington, DC 20001; facsimile delivery as
allowed by these rules (see Sec. 2700.5(e)), shall be transmitted to (202) 4349954. * * *
* * * * *
PART 2704IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS
3. The authority citation for part 2704 continues to read as follows:
Authority: 5 U.S.C. 504(c)(1); Pub. L. 9980, 99 Stat. 183; Pub. L. 104121, 110 Stat. 862.
4. Section 2704.103 is amended by revising paragraph (a)(3) to read as follows:
Sec. 2704.103 Proceedings covered.
(a) * * *
(3) Challenges to claims of discrimination under section 105(c) of
the Mine Act (30 U.S.C. 815(c)) where the Secretary of Labor represents the miner.
* * * * *
5. Section 2704.104 is amended by revising paragraph (b)(1) to read as follows:
Sec. 2704.104 Eligibility of applicants.
* * * * *
(b) * * *
(1) The employees of an applicant include all persons who regularly
perform services for remuneration for the applicant, under the
applicant's direction and control. Parttime employees shall be included on a proportional basis.
* * * * *
6. Paragraph (a) of Sec. 2704.106 is revised to read as follows: Sec. 2704.106 Allowable fees and expenses.
(a) Awards will be based on rates customarily charged by persons
engaged in the business of or acting as attorneys, agents and expert
witnesses, even if the services were made available without charge or at a reduced rate to the applicant.
* * * * *
7. Paragraphs (b) and (c) of Sec. 2704.202 are revised to read as follows:
Sec. 2704.202 Contents of applicationwhere the applicant has prevailed.
* * * * *
(b) The application also shall include a statement that the
applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants).
(c) Each applicant must provide with its application a detailed
exhibit showing the net worth of the applicant when the underlying
proceeding was initiated. The exhibit may be in any form convenient to
the applicant that provides full disclosure of the applicant's assets
and liabilities and is sufficient to determine whether the applicant
qualifies under the standards in this part. The administrative law
judge may require an applicant to file additional information to determine its eligibility for an award.
PART 2705PRIVACY ACT IMPLEMENTATION
8. The authority citation for part 2705 continues to read as follows:
Authority: 5 U.S.C. 552a; Pub. L. 93579, 88 Stat. 1896.
9. Paragraphs (c) and (d) of Sec. 2705.2 are revised to read as follows:
Sec. 2705.2 Definitions.
* * * * *
(c) The term record means any item, collection or grouping of
information about an individual that is maintained by the Commission,
including, but not limited to, his or her employment history, payroll
information, and financial transactions and that contains his or her
name, or the identifying number, symbol, or other identifying
particular assigned to the individual, such as social security number;
(d) The term system of records means a group of any records under
control of the Commission from which information is retrieved by the
name of the individual or by some identifying number, symbol, or other identifying
[[Page 54906]]
particular assigned to the individual; and
* * * * *
Dated: September 12, 2006.
Michael F. Duffy,
Chairman, Federal Mine Safety and Health Review Commission. [FR Doc. E615582 Filed 91906; 8:45 am]
BILLING CODE 673501P
FOR FURTHER INFORMATION CONTACT
Thomas A. Stock, General Counsel, Office of the General Counsel, Federal Mine Safety and Health Review Commission, 601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001; telephone 2024349935; facsimile 2024349944.