Rules of Procedure; Regulations Implementing the Government in the Sunshine Act; Implementation of the Equal Access to Justice Act in Proceedings Before the Occupational Safety and Health Review Commission, 63985-63988 [E9-28845]
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
Equal Pay Act, age, disability, or genetic
information). Only those bases protected
by Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e et
seq., the Equal Pay Act of 1963, 29
U.S.C. 206(d), the Age Discrimination in
Employment Act of 1967, as amended,
29 U.S.C. 621 et seq., the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 791
et seq., and the Genetic Information
Nondiscrimination Act, 42 U.S.C. 2000ff
et seq., are covered by the federal EEO
process.
*
*
*
*
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PART 1625—AGE DISCRIMINATION IN
EMPLOYMENT ACT
32. The authority citation for Part
1625 continues to read as follows:
■
Authority: 81 Stat. 602; 29 U.S.C. 621, 5
U.S.C. 301, Secretary’s Order No. 10–68;
Secretary’s Order No. 11–68; sec. 12, 29
U.S.C. 631, Pub. L. 99–592, 100 Stat. 3342;
sec. 2, Reorg. Plan No. 1 of 1978, 43 FR
19807.
§ 1625.31
[Amended]
33. In § 1625.31(a), remove the word
‘‘handicapped’’ and add in its place the
phrase ‘‘individuals with disabilities.’’
■
PART 1690—PROCEDURES ON
INTERAGENCY COORDINATION OF
EQUAL EMPLOYMENT OPPORTUNITY
ISSUANCES
34. The authority citation for Part
1690 continues to read as follows:
■
Authority: Sec. 715 of title VII of the Civil
Rights Act of 1964, as amended, (42 U.S.C.
2000e-14); Reorganization Plan No. 1 of 1978,
43 FR 19807; E.O. 12067, 43 FR 28967.
§ 1690.102
[Amended]
35. In § 1690.102, remove the word
‘‘handicap’’ and add in its place the
word ‘‘disability.’’
■
[FR Doc. E9–29012 Filed 12–4–09; 8:45 am]
BILLING CODE 6570–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
29 CFR Parts 2200, 2203, and 2204
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Rules of Procedure; Regulations
Implementing the Government in the
Sunshine Act; Implementation of the
Equal Access to Justice Act in
Proceedings Before the Occupational
Safety and Health Review Commission
AGENCY: Occupational Safety and Health
Review Commission.
ACTION: Final rule; corrections and
technical amendments.
SUMMARY: The Occupational Safety and
Health Review Commission (‘‘OSHRC’’)
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is making various corrections and
technical amendments to its rules of
procedure and regulations which
implement the Government in the
Sunshine Act and the Equal Access to
Justice Act in proceedings before
OSHRC.
DATES: Effective on December 7, 2009.
FOR FURTHER INFORMATION CONTACT: Ron
Bailey, Attorney-Advisor, Office of the
General Counsel, by telephone at (202)
606–5410, by e-mail at
rbailey@oshrc.gov, or by mail at: 1120–
20th Street, NW., Ninth Floor,
Washington, DC 20036–3457.
SUPPLEMENTARY INFORMATION:
I. Background
OSHRC is making corrections and
amendments to outdated and erroneous
cross-references in 29 CFR parts 2200
and 2204, and inconsistencies in word
choice, citation form, and capitalization,
as well as various grammatical errors, in
29 CFR parts 2200 and 2203. OSHRC is
also amending its rule regarding
interlocutory review to clarify, as stated
elsewhere in the rules, that a petition for
interlocutory review is considered filed
when received by the Commission.
Finally, OSHRC is amending its
procedure regarding the filing of
documents in cases on review before the
Commission to require the filing of only
original documents, thus saving paper
and easing the parties’ filing burden.
Part 2200
OSHRC is making various
grammatical corrections and technical
amendments to part 2200. First, in
§ 2200.209(g), the phrase ‘‘the 21 day
period’’ is amended to include a hyphen
between ‘‘21’’ and ‘‘day.’’ Second, in the
second sentence of § 2200.52(d), the
word ‘‘the’’ is added before the word
‘‘Judge.’’ Third, the words ‘‘judge’’ and
‘‘judges’’ in the text of §§ 2200.8(g) and
.52(d) and the title of §§ 2200.67 and .68
are now capitalized in order to make
capitalization of that word consistent
throughout part 2200. Fourth, the word
‘‘memorandums’’ in § 2200.93(e) is
amended to ‘‘memoranda,’’ which is
used elsewhere in the Commission
rules. Fifth, the apostrophes in the
phrases ‘‘ten days’ written notice’’ and
‘‘ten days’ notice,’’ appearing in
§§ 2200.56(c) and .60, are deleted
because apostrophes are not used in
other similar phrases throughout the
rules. Sixth, for the sake of consistency,
except where a number is the first word
of a sentence, the numeral rather than
the spelled-out word is now used when
the number pertains to a period of time.
This change results in amendments to
§§ 2200.20(a) and (b), .21(a), .40(b) and
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(c), .52(a)(2), .56(c), .60, .62(c), .64(b),
.70(f), .73(b), .74(b), .95(c)(1) and (h)(1),
.104(b)(2), .202(a)(5), .203(b) and (c),
and .204(b). Seventh, also for the sake
of consistency, parallel cites to the
United States Code are now included
when referencing the Occupational
Safety and Health Act (‘‘Act’’), 29 U.S.C.
651–678. This change results in
amendments to § 2200.1(b), (i), and (j),
as well as § 2200.37(c)(3). Similarly,
citation to the Act is now included
when referencing the relevant
provisions in the United States Code.
This change results in amendments to
§ 2200.120(e). Eighth, when referencing
a specific federal rule, the phrase
‘‘Federal Rule of Civil Procedure’’ now
precedes the number of the rule. This
change results in amendments to
§§ 2200.51(b); .52(a)(1)(iii); .56(a), (e),
(f), (g), and (h); and .61. Ninth, in most
of the procedural rules, the Chief
Administrative Law Judge is referred to
by his or her full title, even when
mentioned multiple times in a section.
All references to this position are now
amended to read ‘‘Chief Administrative
Law Judge,’’ which results in
amendments to §§ 2200.203(c), .204(a),
and .209(f). Finally, in order to clarify,
as stated in § 2200.8(e)(2), that a petition
for interlocutory review is deemed filed
when it is received by the Commission,
a new paragraph including this
requirement is added to § 2200.73, and
the reference to § 2200.73(b) in
§ 2200.8(e)(2) is changed to § 2200.73.
OSHRC is also making amendments to
the following outdated cross-references
in this part. First, § 2200.37(d)(4)
references § 2200.36(c)(2)–(c)(4), which
was re-designated as § 2200.35(b)–(d) in
1992. Rules of Procedure, 57 FR 41676,
41685 (Sept. 11, 1992) (final rule). The
reference to § 2200.36(c)(2)–(c)(4) is
amended to reflect this re-designation.
Second, § 2200.56(g) and (h) reference
Federal Rules of Civil Procedure
30(b)(7) and (b)(4), respectively, which
were re-designated as Rule 30(b)(4) and
(b)(3) in the 1993 Revisions to the
Federal Rules of Civil Procedure. The
references to Rule 30 are amended to
reflect these re-designations. Third,
§ 2200.73(b) references § 2200.36(c),
which was re-designated as § 2200.35 in
1992. The reference to § 2200.36(c) is
amended to reflect this re-designation.
Finally, § 2200.104(d) states, ‘‘All show
cause orders issued by the Commission
or Judge under paragraph (c) of this
section.’’ However, paragraph (c) only
refers to action by the Commission.
Paragraph (b), which refers to action by
the Judge, does not appear to require a
show cause order. The words ‘‘or Judge’’
are therefore deleted from paragraph (d).
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
OSHRC is making amendments to
§§ 2200.8(d)(2), .91(h), and .93(h), all of
which require that parties provide the
Commission with ‘‘the original and
eight copies’’ of any petitions for
discretionary review and statements in
opposition to such petitions, briefs, and
any other filings. These provisions are
now amended to require that parties file
only the original document. These
amendments will minimize the amount
of paper waste associated with
Commission proceedings and ease the
parties’ filing burden.
Part 2203
OSHRC is making a grammatical
correction and a technical amendment
to part 2203. Section 2203.3(b) presently
states that a Commission meeting may
be closed to the public ‘‘where the
Commission determines that the
meeting, or part of the meeting, or
information about the meeting, is likely
to: * * * (4) Disclose trade secrets and
commercial or financial information
obtained from a person are privileged or
confidential.’’ In order to clarify the
meaning of paragraph (4), the word
‘‘that’’ is added between the words
‘‘person’’ and ‘‘are.’’ Additionally,
OSHRC is deleting the reference to
‘‘Deputy General Counsel’’ in § 2203.2
because that position no longer exists.
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Part 2204
OSHRC is making two typographical
corrections and one technical
amendment to part 2204. Sections
2204.102(d) and 2204.108 incorrectly
reference paragraph (i) of 29 U.S.C. 661,
rather than paragraph (j) of that
statutory provision. OSHRC is
correcting these typographical errors.
OSHRC is also amending an outdated
cross-reference in § 2204.105(c). This
section cross-references § 2200.34(d),
which was re-designated as § 2200.37(d)
in 1986. Rules of Procedure, 51 FR
32002, 32008 (Sept. 8, 1986) (final rule);
Rule of Procedure, 51 FR 23184, 23187
(June 25, 1986) (proposed rule).
II. Statutory and Executive Order
Reviews
Waiver of Proposed Rulemaking: The
technical amendments and corrections
to the affected sections are merely
procedural in nature and propose no
substantive changes on which public
comment could be solicited. OSHRC
therefore finds that prior notice and
opportunity for comment on these
changes are unnecessary pursuant to 5
U.S.C. 553(b)(3)(A).
Waiver of 30-Day Delayed Effective
Date Requirement: OSHRC finds that
good cause exists for the final rule to be
exempt from the 30-day delayed
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effective date requirement of 5 U.S.C.
553(d) because a delay in clarifying
these rules would be contrary to the
public interest.
Executive Orders 12866 and 13132,
and the Unfunded Mandates Reform
Act of 1995: OSHRC is an independent
regulatory agency and, as such, is not
subject to the requirements of E.O.
12866, E.O. 13132, or the Unfunded
Mandates Reform Act, 2 U.S.C. 1501 et
seq.
Regulatory Flexibility Act: OSHRC has
determined that this rulemaking is
exempt from the requirements of the
Regulatory Flexibility Act, 5 U.S.C.
604(a), because, as noted, a general
notice of proposed rulemaking is not
required under 5 U.S.C. 553(b).
Paperwork Reduction Act of 1995:
OSHRC has determined that the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., does not apply because this
final rule does not contain any
information collection requirements that
require the approval of OMB.
Congressional Notification: OSHRC
has determined that the Congressional
Review Act, 5 U.S.C. 801, is not
applicable here because, pursuant to 5
U.S.C. 804(3)(C), this final rule ‘‘does
not substantially affect the rights or
obligations of non-agency parties.’’
■
List of Subjects
§ 2200.21
29 CFR Part 2200
■
Administrative practice and
procedure, Hearing and appeal
procedures.
29 CFR Part 2203
Administrative practice and
procedure, Equal access to justice.
Signed at Washington, DC, on the 24th day
of November 2009.
Thomasina V. Rogers,
Chairman.
Horace A. Thompson III,
Commissioner.
Accordingly, 29 CFR parts 2200, 2203,
and 2204 are amended as follows:
■
PART 2200—RULES OF PROCEDURE
1. The authority citation for part 2200
continues to read as follows:
■
Authority: 29 U.S.C. 661(g), unless
otherwise noted. Section 2200.96 is also
issued under 28 U.S.C. 2112(a).
[Amended]
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(d) Number of copies. Unless
otherwise ordered or stated in this part,
only the original of a document shall be
filed.
*
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§ 2200.20
[Amended]
4. Section 2200.20 is amended by:
a. Removing the word ‘‘ten’’ in the
third sentence of paragraph (a) and
adding, in its place, the numeral ‘‘10’’.
■ b. Removing the word ‘‘ten’’ in the
first and second sentences of paragraph
(b) and adding, in their place, the
numeral ‘‘10’’.
■
■
[Amended]
5. Section 2200.21 is amended by
removing the word ‘‘ten’’ in both the
first and second sentences of paragraph
(a), and adding, in their place, the
numeral ‘‘10’’.
[Amended]
6. Section 2200.37 is amended by:
a. Adding ‘‘, 29 U.S.C. 659(a) and (c)’’
following the word ‘‘Act’’ in paragraph
(c)(3).
■ b. Removing ‘‘§ 2200.36(c)(2)–(c)(4)’’
in the last sentence of paragraph (d)(4)
and adding, in its place, ‘‘§ 2200.35(b)
through (d)’’.
§ 2200.40
[Amended]
7. Section 2200.40 is amended by:
a. Removing the word ‘‘twenty’’ in the
first sentence of paragraph (b) and
adding, in its place, the numeral ‘‘20’’.
■ b. Removing the word ‘‘ten’’ in the
first sentence of paragraph (c) and
adding, in its place, the numeral ‘‘10’’.
■ c. Removing the word ‘‘five’’ in the
second sentence of paragraph (c) and
adding, in its place, the numeral ‘‘5’’.
■
■
§ 2200.51
[Amended]
8. Section 2200.51 is amended by
removing the words ‘‘Rule 16 of the
Federal Rules of Civil Procedure’’ in
paragraph (b) and adding, in their place,
■
2. Section 2200.1 is amended by:
a. Adding ‘‘, 29 U.S.C. 652’’ following
the word ‘‘Act’’ in paragraph (b).
■
■
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29 CFR Part 2204
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§ 2200.37
Sunshine Act.
§ 2200.1
b. Adding ‘‘, 29 U.S.C. 658(a)’’
following the word ‘‘Act’’ in paragraph
(i).
■ c. Adding ‘‘, 29 U.S.C. 659(a) or (b)’’
following the word ‘‘Act’’ in paragraph
(j).
■ 3. Section 2200.8 is amended by:
■ a. Revising paragraph (d);
■ b. Removing ‘‘§ 2200.73(b)’’ in
paragraph (e)(2) and adding, in its place,
‘‘§ 2200.73’’; and
■ c. Removing the word ‘‘judges’’ in the
first sentence of paragraph (g)(1) and
adding, in its place, the word ‘‘Judges’’.
The revision reads as follows:
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
the words ‘‘Federal Rule of Civil
Procedure 16’’.
§ 2200.52
c. Removing the word ‘‘ten’’ in the
second sentence and adding, in its
place, the numeral ‘‘10’’.
■
[Amended]
9. Section 2200.52 is amended by:
a. Removing the words ‘‘Rule 26(a) of
the Federal Rules of Civil Procedure’’ in
paragraph (a)(1)(iii) and adding, in their
place, the words ‘‘Federal Rule of Civil
Procedure 26(a)’’.
■ b. Removing the word ‘‘seven’’ in the
second sentence of paragraph (a)(2) and
adding, in its place, the numeral ‘‘7’’.
■ c. Adding the word ‘‘the’’ before the
word ‘‘Judge’’ in the second sentence of
paragraph (d).
■ d. Removing the word ‘‘judge’’ in the
last sentence of paragraph (d) and
adding, in its place, the word ‘‘Judge’’.
■
■
§ 2200.56
[Amended]
10. Section 2200.56 is amended by:
a. Removing the citation ‘‘Fed.R.Civ.P.
30’’ in paragraph (a) and adding, in its
place, the words ‘‘Federal Rule of Civil
Procedure 30’’.
■ b. Removing the word ‘‘ten’’ in both
the first and second sentences of
paragraph (c) and adding, in their place,
the numeral ‘‘10’’.
■ c. Removing the apostrophe following
the word ‘‘days’’ in paragraph (c).
■ d. Removing the citation
‘‘Fed.R.Civ.P. 32’’ in paragraph (e) and
adding, in its place, the words ‘‘Federal
Rule of Civil Procedure 32’’.
■ e. Removing the words ‘‘Rule 32(a)(4)
of the Federal Rules of Civil Procedure’’
in paragraph (f) and adding, in their
place, the words ‘‘Federal Rule of Civil
Procedure 32(a)(4)’’.
■ f. Removing the words ‘‘Rule 30(b)(7)
of the Federal Rules of Civil Procedure’’
in paragraph (g)(1) and adding, in their
place, the words ‘‘Federal Rule of Civil
Procedure 30(b)(4)’’.
■ g. Removing the words ‘‘Rule 30(b)(4)
of the Federal Rules of Civil Procedure’’
in paragraph (h) and adding, in their
place, the words ‘‘Federal Rule of Civil
Procedure 30(b)(3)’’.
■ h. Removing the words ‘‘Rule 30(e)
(submission to witness) of the Federal
Rules of Civil Procedure’’ in paragraph
(h)(1) and adding, in their place, the
words ‘‘Federal Rule of Civil Procedure
30(e) (submission to witness)’’.
■ i. Removing the words ‘‘Rule 28(c) of
the Federal Rules of Civil Procedure’’ in
paragraph (h)(3) and adding, in their
place, the words ‘‘Federal Rule of Civil
Procedure 28 (c)’’.
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§ 2200.60
[Amended]
11. Section 2200.60 is amended by:
a. Removing the word ‘‘thirty’’ in the
first sentence and adding, in its place,
the numeral ‘‘30’’.
■ b. Removing the apostrophe following
the word ‘‘days’’ in the second sentence.
■
■
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§ 2200.61
[Amended]
12. Section 2200.61 is amended by
removing the citation ‘‘Fed.R.Civ.P. 56’’
and adding, in its place, the words
‘‘Federal Rule of Civil Procedure 56’’.
■
§ 2200.62
[Amended]
13. Section 2200.62 is amended by
removing the word ‘‘seven’’ in the first
and second sentences of paragraph (c)
and adding, in their place, the numeral
‘‘7’’.
■
§ 2200.93
63987
[Amended]
21. Section 2200.93 is amended by:
a. Removing the word
‘‘memorandums’’ in both the first and
second sentences in paragraph (e) and
adding, in their place, the word
‘‘memoranda’’.
■ b. Removing paragraph (h).
■ c. Removing ‘‘(b) through (h)’’ in
paragraph (i) and adding, in its place,
‘‘(b) through (g)’’.
■ d. Redesignating paragraph (i) as
paragraph (h).
■
■
§ 2200.95
[Amended]
14. Section 2200.64 is amended by
removing the word ‘‘five’’ in paragraph
(b) and adding, in its place, the numeral
‘‘5’’.
22. Section 2200.95 is amended by:
a. Removing the word ‘‘seven’’ in
paragraph (c)(1) and adding, in its place,
the numeral ‘‘7’’.
■ b. Removing the word ‘‘five’’ in the
third sentence of paragraph (h)(1) and
adding, in its place, the numeral ‘‘5’’.
§ 2200.67
§ 2200.104
§ 2200.64
[Amended]
■
[Amended]
15. Section 2200.67 is amended by
removing the word ‘‘judges’’ in that
section’s heading and adding, in its
place, the word ‘‘Judges’’.
■
§ 2200.68
[Amended]
16. Section 2200.68 is amended by
removing the word ‘‘judge’’ in that
section’s heading and adding, in its
place, the word ‘‘Judge’’.
■
§ 2200.70
[Amended]
17. Section 2200.70 is amended by
removing the word ‘‘six’’ in the fourth
sentence of paragraph (f) and adding, in
its place, the numeral ‘‘6’’.
■
18. Section 2200.73 is amended by:
■ a. Removing the word ‘‘five’’ in the
first and second sentences of paragraph
(b) and adding, in their place, the
numeral ‘‘5’’.
■ b. Removing ‘‘§ 2200.36(c)’’ in the
fifth sentence of paragraph (b) and
adding, in its place, ‘‘§ 2200.35’’.
■ c. Adding paragraph (g) to read as
follows:
■
■
■
[Amended]
23. Section 2200.104 is amended by:
a. Removing the word ‘‘five’’ in the
first sentence of paragraph (b)(2) and
adding, in its place, the numeral ‘‘5’’.
■ b. Removing the words ‘‘or Judge’’
from paragraph (d).
■
■
§ 2200.120
[Amended]
24. Section 2200.120 is amended by:
a. Adding ‘‘section 12(g) of the Act,’’
before the citation ‘‘29 U.S.C. 661(g)’’ in
the first sentence of paragraph (e).
■ b. Removing ‘‘section 661(g)’’ in the
first sentence of paragraph (e) and
adding, in its place, ‘‘section 12(g)’’.
■
■
§ 2200.202
[Amended]
25. Section 2200.202 is amended by
removing the word ‘‘two’’ in paragraph
(a)(5) and adding, in its place, the
numeral ‘‘2’’.
■
§ 2200.203
[Amended]
*
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*
*
(g) When filing effective. A petition for
interlocutory review is deemed to be
filed only when received by the
Commission.
26. Section 2200.203 is amended by:
a. Removing the word ‘‘twenty’’ in the
first sentence of paragraph (b) and
adding, in its place, the numeral ‘‘20’’.
■ b. Removing the words ‘‘Chief Judge’’
in the first sentence of paragraph (c) and
adding, in their place, the words ‘‘Chief
Administrative Law Judge’’.
■ c. Removing the word ‘‘fifteen’’ in the
second sentence of paragraph (c) and
adding, in its place, the numeral ‘‘15’’.
§ 2200.74
§ 2200.204
§ 2200.73
Interlocutory review.
*
[Amended]
19. Section 2200.74 is amended by
removing the word ‘‘three’’ in the
second sentence of paragraph (b) and
adding, in its place, the numeral ‘‘3’’.
■
§ 2200.91
[Amended]
20. Section 2200.91 is amended by
removing paragraph (h).
■
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[Amended]
27. Section 2200.204 is amended by:
a. Removing the words ‘‘Chief Judge’’
in the last sentence of paragraph (a) and
adding, in their place, the words ‘‘Chief
Administrative Law Judge’’.
■ b. Removing the word ‘‘seven’’ in the
third sentence of paragraph (b) and
adding, in its place, the numeral ‘‘7’’.
■
■
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§ 2200.209
[Amended]
DEPARTMENT OF THE INTERIOR
28. Section 2200.209 is amended by:
■ a. Removing the word ‘‘Chief’’ in the
last sentence of paragraph (f) and
adding, in its place, the words ‘‘Chief
Administrative Law Judge’’.
■ b. Adding a hyphen between the
numeral ‘‘21’’ and the word ‘‘day’’ in
the last sentence of paragraph (g).
Office of Surface Mining Reclamation
and Enforcement
PART 2203—REGULATIONS
IMPLEMENTING THE GOVERNMENT IN
THE SUNSHINE ACT
AGENCY: Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
■
30 CFR Part 944
[SATS No. UT–046–FOR; Docket ID No.
OSM–2009–0005]
Utah Regulatory Program
29. The authority citation for part
2203 continues to read as follows:
■
Authority: 29 U.S.C. 661(g); 5 U.S.C.
552b(d)(4); 5 U.S.C. 552b(g).
§ 2203.2
[Amended]
30. Section 2203.2 is amended by
removing ‘‘, the Deputy General
Counsel,’’ in the definition of ‘‘General
Counsel.’’
■
§ 2203.3
[Amended]
31. Section 2203.3 is amended by
adding the word ‘‘that’’ between the
words ‘‘person’’ and ‘‘are’’ in paragraph
(b)(4).
■
PART 2204—IMPLEMENTATION OF
THE EQUAL ACCESS TO JUSTCE ACT
IN PROCEEDINGS BEFORE THE
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
Authority: Sec. 203(a)(1), Pub. L. 96–481,
94 Stat. 2325 (5 U.S.C. 504(c)(1)); Pub. L. 99–
80, 99 Stat. 183.
[Amended]
33. Section 2204.102 is amended by
removing ‘‘661(i)’’ in paragraph (d) and
adding, in its place, ‘‘661(j)’’.
■
§ 2204.105
[Amended]
34. Section 2204.105 is amended by
removing ‘‘§ 2200.34(d)’’ in paragraph
(c) and adding, in its place,
‘‘§ 2200.37(d)’’.
■
§ 2204.108
[Amended]
35. Section 2204.108 is amended by
removing ‘‘661(i)’’ in the first sentence
and adding, in its place, ‘‘661(j)’’.
erowe on DSK5CLS3C1PROD with RULES
■
[FR Doc. E9–28845 Filed 12–4–09; 8:45 am]
BILLING CODE P
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
I. Background on the Utah Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and
Enforcement’s (OSM’s) Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
I. Background on the Utah Program
32. The authority citation for part
2204 continues to read as follows:
■
§ 2204.102
SUMMARY: We are approving an
amendment to the Utah regulatory
program (the ‘‘Utah program’’) under the
Surface Mining Control and
Reclamation Act of 1977 (‘‘SMCRA’’ or
‘‘the Act’’). Utah proposed revisions to
statutes pertaining to remining. Utah
revised its program to remain consistent
with the Federal Program.
DATES: Effective Date: December 7, 2009.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Denver Field Division
Chief. Telephone: (303) 293–5015.
Internet address: jfulton@osmre.gov.
SUPPLEMENTARY INFORMATION:
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Utah
program on January 21, 1981. You can
find background information on the
Utah program, including the Secretary’s
findings, the disposition of comments,
and conditions of approval of the Utah
program in the January 21, 1981 Federal
Register (46 FR 5899). You can also find
later actions concerning Utah’s program
and program amendments at
30 CFR 944.15, and 944.30.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
II. Submission of the Proposed
Amendment
By letter dated May 19, 2009, Utah
sent us an amendment to its program
(SATS number: UT–046–FOR,
Administrative Record ID number:
OSM–2009–0005–0002) under SMCRA
(30 U.S.C. 1201 et seq.). Utah sent the
amendment at its own initiative. The
provisions of the Utah Code Annotated
that Utah proposed to revise were:
§ 40–10–11(5) and § 40–10–17(6).
We announced receipt of the
proposed amendment in the July 7,
2009, Federal Register (74 FR 32089). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the amendment’s adequacy
(Administrative Record No. OSM–2009–
0005–0001). We did not hold a public
hearing or meeting because no one
requested one. The public comment
period ended on August 6, 2009. We
received one comment from a Federal
agency (discussed under ‘‘IV. Summary
and Disposition of Comments’’).
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment.
Utah proposed deletions from two
statutory provisions at UCA § 40–10–
11(5)(c) and § 40–10–17(6). These
deletions correspond to revisions that
were made to SMCRA on December 20,
2006 (HR 6111, Tax Relief and Health
Care Act of 2006). The language deleted
from SMCRA contained a termination
date for two remining provisions. Utah
has proposed to delete its corresponding
termination dates, thereby retaining its
remining provisions which were also
slated to expire. As a result of these
changes, Utah’s Program remains
consistent with the Federal Program.
Deleted UCA subsection 40–10–
11(5)(c) corresponded to prior SMCRA
§ 510(e). In the December 20, 2006
revisions to SMCRA, Congress deleted
the termination provision in § 510(e)
pertaining to both § 510(e) and
515(b)(20)(B). The Utah remining
provision to be retained through the
deletion of this termination date is UCA
§ 40–10–11(5), which corresponds to the
remaining portions of SMCRA section
510(e).
Deleted UCA subsection 40–10–17(6)
also corresponded to the termination
date under prior SMCRA § 510(e). The
Utah remining provision to be retained
through the deletion of this termination
date is UCA § 40–10–17(2)(t)(ii). This
part corresponds to SMCRA
§ 515(b)(20)(B).
E:\FR\FM\07DER1.SGM
07DER1
]]>Agencies
[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 63985-63988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28845]
=======================================================================
-----------------------------------------------------------------------
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Parts 2200, 2203, and 2204
Rules of Procedure; Regulations Implementing the Government in
the Sunshine Act; Implementation of the Equal Access to Justice Act in
Proceedings Before the Occupational Safety and Health Review Commission
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Final rule; corrections and technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Review Commission
(``OSHRC'') is making various corrections and technical amendments to
its rules of procedure and regulations which implement the Government
in the Sunshine Act and the Equal Access to Justice Act in proceedings
before OSHRC.
DATES: Effective on December 7, 2009.
FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office
of the General Counsel, by telephone at (202) 606-5410, by e-mail at
rbailey@oshrc.gov, or by mail at: 1120-20th Street, NW., Ninth Floor,
Washington, DC 20036-3457.
SUPPLEMENTARY INFORMATION:
I. Background
OSHRC is making corrections and amendments to outdated and
erroneous cross-references in 29 CFR parts 2200 and 2204, and
inconsistencies in word choice, citation form, and capitalization, as
well as various grammatical errors, in 29 CFR parts 2200 and 2203.
OSHRC is also amending its rule regarding interlocutory review to
clarify, as stated elsewhere in the rules, that a petition for
interlocutory review is considered filed when received by the
Commission. Finally, OSHRC is amending its procedure regarding the
filing of documents in cases on review before the Commission to require
the filing of only original documents, thus saving paper and easing the
parties' filing burden.
Part 2200
OSHRC is making various grammatical corrections and technical
amendments to part 2200. First, in Sec. 2200.209(g), the phrase ``the
21 day period'' is amended to include a hyphen between ``21'' and
``day.'' Second, in the second sentence of Sec. 2200.52(d), the word
``the'' is added before the word ``Judge.'' Third, the words ``judge''
and ``judges'' in the text of Sec. Sec. 2200.8(g) and .52(d) and the
title of Sec. Sec. 2200.67 and .68 are now capitalized in order to
make capitalization of that word consistent throughout part 2200.
Fourth, the word ``memorandums'' in Sec. 2200.93(e) is amended to
``memoranda,'' which is used elsewhere in the Commission rules. Fifth,
the apostrophes in the phrases ``ten days' written notice'' and ``ten
days' notice,'' appearing in Sec. Sec. 2200.56(c) and .60, are deleted
because apostrophes are not used in other similar phrases throughout
the rules. Sixth, for the sake of consistency, except where a number is
the first word of a sentence, the numeral rather than the spelled-out
word is now used when the number pertains to a period of time. This
change results in amendments to Sec. Sec. 2200.20(a) and (b), .21(a),
.40(b) and (c), .52(a)(2), .56(c), .60, .62(c), .64(b), .70(f), .73(b),
.74(b), .95(c)(1) and (h)(1), .104(b)(2), .202(a)(5), .203(b) and (c),
and .204(b). Seventh, also for the sake of consistency, parallel cites
to the United States Code are now included when referencing the
Occupational Safety and Health Act (``Act''), 29 U.S.C. 651-678. This
change results in amendments to Sec. 2200.1(b), (i), and (j), as well
as Sec. 2200.37(c)(3). Similarly, citation to the Act is now included
when referencing the relevant provisions in the United States Code.
This change results in amendments to Sec. 2200.120(e). Eighth, when
referencing a specific federal rule, the phrase ``Federal Rule of Civil
Procedure'' now precedes the number of the rule. This change results in
amendments to Sec. Sec. 2200.51(b); .52(a)(1)(iii); .56(a), (e), (f),
(g), and (h); and .61. Ninth, in most of the procedural rules, the
Chief Administrative Law Judge is referred to by his or her full title,
even when mentioned multiple times in a section. All references to this
position are now amended to read ``Chief Administrative Law Judge,''
which results in amendments to Sec. Sec. 2200.203(c), .204(a), and
.209(f). Finally, in order to clarify, as stated in Sec. 2200.8(e)(2),
that a petition for interlocutory review is deemed filed when it is
received by the Commission, a new paragraph including this requirement
is added to Sec. 2200.73, and the reference to Sec. 2200.73(b) in
Sec. 2200.8(e)(2) is changed to Sec. 2200.73.
OSHRC is also making amendments to the following outdated cross-
references in this part. First, Sec. 2200.37(d)(4) references Sec.
2200.36(c)(2)-(c)(4), which was re-designated as Sec. 2200.35(b)-(d)
in 1992. Rules of Procedure, 57 FR 41676, 41685 (Sept. 11, 1992) (final
rule). The reference to Sec. 2200.36(c)(2)-(c)(4) is amended to
reflect this re-designation. Second, Sec. 2200.56(g) and (h) reference
Federal Rules of Civil Procedure 30(b)(7) and (b)(4), respectively,
which were re-designated as Rule 30(b)(4) and (b)(3) in the 1993
Revisions to the Federal Rules of Civil Procedure. The references to
Rule 30 are amended to reflect these re-designations. Third, Sec.
2200.73(b) references Sec. 2200.36(c), which was re-designated as
Sec. 2200.35 in 1992. The reference to Sec. 2200.36(c) is amended to
reflect this re-designation. Finally, Sec. 2200.104(d) states, ``All
show cause orders issued by the Commission or Judge under paragraph (c)
of this section.'' However, paragraph (c) only refers to action by the
Commission. Paragraph (b), which refers to action by the Judge, does
not appear to require a show cause order. The words ``or Judge'' are
therefore deleted from paragraph (d).
[[Page 63986]]
OSHRC is making amendments to Sec. Sec. 2200.8(d)(2), .91(h), and
.93(h), all of which require that parties provide the Commission with
``the original and eight copies'' of any petitions for discretionary
review and statements in opposition to such petitions, briefs, and any
other filings. These provisions are now amended to require that parties
file only the original document. These amendments will minimize the
amount of paper waste associated with Commission proceedings and ease
the parties' filing burden.
Part 2203
OSHRC is making a grammatical correction and a technical amendment
to part 2203. Section 2203.3(b) presently states that a Commission
meeting may be closed to the public ``where the Commission determines
that the meeting, or part of the meeting, or information about the
meeting, is likely to: * * * (4) Disclose trade secrets and commercial
or financial information obtained from a person are privileged or
confidential.'' In order to clarify the meaning of paragraph (4), the
word ``that'' is added between the words ``person'' and ``are.''
Additionally, OSHRC is deleting the reference to ``Deputy General
Counsel'' in Sec. 2203.2 because that position no longer exists.
Part 2204
OSHRC is making two typographical corrections and one technical
amendment to part 2204. Sections 2204.102(d) and 2204.108 incorrectly
reference paragraph (i) of 29 U.S.C. 661, rather than paragraph (j) of
that statutory provision. OSHRC is correcting these typographical
errors. OSHRC is also amending an outdated cross-reference in Sec.
2204.105(c). This section cross-references Sec. 2200.34(d), which was
re-designated as Sec. 2200.37(d) in 1986. Rules of Procedure, 51 FR
32002, 32008 (Sept. 8, 1986) (final rule); Rule of Procedure, 51 FR
23184, 23187 (June 25, 1986) (proposed rule).
II. Statutory and Executive Order Reviews
Waiver of Proposed Rulemaking: The technical amendments and
corrections to the affected sections are merely procedural in nature
and propose no substantive changes on which public comment could be
solicited. OSHRC therefore finds that prior notice and opportunity for
comment on these changes are unnecessary pursuant to 5 U.S.C.
553(b)(3)(A).
Waiver of 30-Day Delayed Effective Date Requirement: OSHRC finds
that good cause exists for the final rule to be exempt from the 30-day
delayed effective date requirement of 5 U.S.C. 553(d) because a delay
in clarifying these rules would be contrary to the public interest.
Executive Orders 12866 and 13132, and the Unfunded Mandates Reform
Act of 1995: OSHRC is an independent regulatory agency and, as such, is
not subject to the requirements of E.O. 12866, E.O. 13132, or the
Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq.
Regulatory Flexibility Act: OSHRC has determined that this
rulemaking is exempt from the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 604(a), because, as noted, a general notice
of proposed rulemaking is not required under 5 U.S.C. 553(b).
Paperwork Reduction Act of 1995: OSHRC has determined that the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., does not apply because
this final rule does not contain any information collection
requirements that require the approval of OMB.
Congressional Notification: OSHRC has determined that the
Congressional Review Act, 5 U.S.C. 801, is not applicable here because,
pursuant to 5 U.S.C. 804(3)(C), this final rule ``does not
substantially affect the rights or obligations of non-agency parties.''
List of Subjects
29 CFR Part 2200
Administrative practice and procedure, Hearing and appeal
procedures.
29 CFR Part 2203
Sunshine Act.
29 CFR Part 2204
Administrative practice and procedure, Equal access to justice.
Signed at Washington, DC, on the 24th day of November 2009.
Thomasina V. Rogers,
Chairman.
Horace A. Thompson III,
Commissioner.
0
Accordingly, 29 CFR parts 2200, 2203, and 2204 are amended as follows:
PART 2200--RULES OF PROCEDURE
0
1. The authority citation for part 2200 continues to read as follows:
Authority: 29 U.S.C. 661(g), unless otherwise noted. Section
2200.96 is also issued under 28 U.S.C. 2112(a).
Sec. 2200.1 [Amended]
0
2. Section 2200.1 is amended by:
0
a. Adding ``, 29 U.S.C. 652'' following the word ``Act'' in paragraph
(b).
0
b. Adding ``, 29 U.S.C. 658(a)'' following the word ``Act'' in
paragraph (i).
0
c. Adding ``, 29 U.S.C. 659(a) or (b)'' following the word ``Act'' in
paragraph (j).
0
3. Section 2200.8 is amended by:
0
a. Revising paragraph (d);
0
b. Removing ``Sec. 2200.73(b)'' in paragraph (e)(2) and adding, in its
place, ``Sec. 2200.73''; and
0
c. Removing the word ``judges'' in the first sentence of paragraph
(g)(1) and adding, in its place, the word ``Judges''.
The revision reads as follows:
Sec. 2200.8 Filing.
* * * * *
(d) Number of copies. Unless otherwise ordered or stated in this
part, only the original of a document shall be filed.
* * * * *
Sec. 2200.20 [Amended]
0
4. Section 2200.20 is amended by:
0
a. Removing the word ``ten'' in the third sentence of paragraph (a) and
adding, in its place, the numeral ``10''.
0
b. Removing the word ``ten'' in the first and second sentences of
paragraph (b) and adding, in their place, the numeral ``10''.
Sec. 2200.21 [Amended]
0
5. Section 2200.21 is amended by removing the word ``ten'' in both the
first and second sentences of paragraph (a), and adding, in their
place, the numeral ``10''.
Sec. 2200.37 [Amended]
0
6. Section 2200.37 is amended by:
0
a. Adding ``, 29 U.S.C. 659(a) and (c)'' following the word ``Act'' in
paragraph (c)(3).
0
b. Removing ``Sec. 2200.36(c)(2)-(c)(4)'' in the last sentence of
paragraph (d)(4) and adding, in its place, ``Sec. 2200.35(b) through
(d)''.
Sec. 2200.40 [Amended]
0
7. Section 2200.40 is amended by:
0
a. Removing the word ``twenty'' in the first sentence of paragraph (b)
and adding, in its place, the numeral ``20''.
0
b. Removing the word ``ten'' in the first sentence of paragraph (c) and
adding, in its place, the numeral ``10''.
0
c. Removing the word ``five'' in the second sentence of paragraph (c)
and adding, in its place, the numeral ``5''.
Sec. 2200.51 [Amended]
0
8. Section 2200.51 is amended by removing the words ``Rule 16 of the
Federal Rules of Civil Procedure'' in paragraph (b) and adding, in
their place,
[[Page 63987]]
the words ``Federal Rule of Civil Procedure 16''.
Sec. 2200.52 [Amended]
0
9. Section 2200.52 is amended by:
0
a. Removing the words ``Rule 26(a) of the Federal Rules of Civil
Procedure'' in paragraph (a)(1)(iii) and adding, in their place, the
words ``Federal Rule of Civil Procedure 26(a)''.
0
b. Removing the word ``seven'' in the second sentence of paragraph
(a)(2) and adding, in its place, the numeral ``7''.
0
c. Adding the word ``the'' before the word ``Judge'' in the second
sentence of paragraph (d).
0
d. Removing the word ``judge'' in the last sentence of paragraph (d)
and adding, in its place, the word ``Judge''.
Sec. 2200.56 [Amended]
0
10. Section 2200.56 is amended by:
0
a. Removing the citation ``Fed.R.Civ.P. 30'' in paragraph (a) and
adding, in its place, the words ``Federal Rule of Civil Procedure 30''.
0
b. Removing the word ``ten'' in both the first and second sentences of
paragraph (c) and adding, in their place, the numeral ``10''.
0
c. Removing the apostrophe following the word ``days'' in paragraph
(c).
0
d. Removing the citation ``Fed.R.Civ.P. 32'' in paragraph (e) and
adding, in its place, the words ``Federal Rule of Civil Procedure 32''.
0
e. Removing the words ``Rule 32(a)(4) of the Federal Rules of Civil
Procedure'' in paragraph (f) and adding, in their place, the words
``Federal Rule of Civil Procedure 32(a)(4)''.
0
f. Removing the words ``Rule 30(b)(7) of the Federal Rules of Civil
Procedure'' in paragraph (g)(1) and adding, in their place, the words
``Federal Rule of Civil Procedure 30(b)(4)''.
0
g. Removing the words ``Rule 30(b)(4) of the Federal Rules of Civil
Procedure'' in paragraph (h) and adding, in their place, the words
``Federal Rule of Civil Procedure 30(b)(3)''.
0
h. Removing the words ``Rule 30(e) (submission to witness) of the
Federal Rules of Civil Procedure'' in paragraph (h)(1) and adding, in
their place, the words ``Federal Rule of Civil Procedure 30(e)
(submission to witness)''.
0
i. Removing the words ``Rule 28(c) of the Federal Rules of Civil
Procedure'' in paragraph (h)(3) and adding, in their place, the words
``Federal Rule of Civil Procedure 28 (c)''.
Sec. 2200.60 [Amended]
0
11. Section 2200.60 is amended by:
0
a. Removing the word ``thirty'' in the first sentence and adding, in
its place, the numeral ``30''.
0
b. Removing the apostrophe following the word ``days'' in the second
sentence.
0
c. Removing the word ``ten'' in the second sentence and adding, in its
place, the numeral ``10''.
Sec. 2200.61 [Amended]
0
12. Section 2200.61 is amended by removing the citation ``Fed.R.Civ.P.
56'' and adding, in its place, the words ``Federal Rule of Civil
Procedure 56''.
Sec. 2200.62 [Amended]
0
13. Section 2200.62 is amended by removing the word ``seven'' in the
first and second sentences of paragraph (c) and adding, in their place,
the numeral ``7''.
Sec. 2200.64 [Amended]
0
14. Section 2200.64 is amended by removing the word ``five'' in
paragraph (b) and adding, in its place, the numeral ``5''.
Sec. 2200.67 [Amended]
0
15. Section 2200.67 is amended by removing the word ``judges'' in that
section's heading and adding, in its place, the word ``Judges''.
Sec. 2200.68 [Amended]
0
16. Section 2200.68 is amended by removing the word ``judge'' in that
section's heading and adding, in its place, the word ``Judge''.
Sec. 2200.70 [Amended]
0
17. Section 2200.70 is amended by removing the word ``six'' in the
fourth sentence of paragraph (f) and adding, in its place, the numeral
``6''.
0
18. Section 2200.73 is amended by:
0
a. Removing the word ``five'' in the first and second sentences of
paragraph (b) and adding, in their place, the numeral ``5''.
0
b. Removing ``Sec. 2200.36(c)'' in the fifth sentence of paragraph (b)
and adding, in its place, ``Sec. 2200.35''.
0
c. Adding paragraph (g) to read as follows:
Sec. 2200.73 Interlocutory review.
* * * * *
(g) When filing effective. A petition for interlocutory review is
deemed to be filed only when received by the Commission.
Sec. 2200.74 [Amended]
0
19. Section 2200.74 is amended by removing the word ``three'' in the
second sentence of paragraph (b) and adding, in its place, the numeral
``3''.
Sec. 2200.91 [Amended]
0
20. Section 2200.91 is amended by removing paragraph (h).
Sec. 2200.93 [Amended]
0
21. Section 2200.93 is amended by:
0
a. Removing the word ``memorandums'' in both the first and second
sentences in paragraph (e) and adding, in their place, the word
``memoranda''.
0
b. Removing paragraph (h).
0
c. Removing ``(b) through (h)'' in paragraph (i) and adding, in its
place, ``(b) through (g)''.
0
d. Redesignating paragraph (i) as paragraph (h).
Sec. 2200.95 [Amended]
0
22. Section 2200.95 is amended by:
0
a. Removing the word ``seven'' in paragraph (c)(1) and adding, in its
place, the numeral ``7''.
0
b. Removing the word ``five'' in the third sentence of paragraph (h)(1)
and adding, in its place, the numeral ``5''.
Sec. 2200.104 [Amended]
0
23. Section 2200.104 is amended by:
0
a. Removing the word ``five'' in the first sentence of paragraph (b)(2)
and adding, in its place, the numeral ``5''.
0
b. Removing the words ``or Judge'' from paragraph (d).
Sec. 2200.120 [Amended]
0
24. Section 2200.120 is amended by:
0
a. Adding ``section 12(g) of the Act,'' before the citation ``29 U.S.C.
661(g)'' in the first sentence of paragraph (e).
0
b. Removing ``section 661(g)'' in the first sentence of paragraph (e)
and adding, in its place, ``section 12(g)''.
Sec. 2200.202 [Amended]
0
25. Section 2200.202 is amended by removing the word ``two'' in
paragraph (a)(5) and adding, in its place, the numeral ``2''.
Sec. 2200.203 [Amended]
0
26. Section 2200.203 is amended by:
0
a. Removing the word ``twenty'' in the first sentence of paragraph (b)
and adding, in its place, the numeral ``20''.
0
b. Removing the words ``Chief Judge'' in the first sentence of
paragraph (c) and adding, in their place, the words ``Chief
Administrative Law Judge''.
0
c. Removing the word ``fifteen'' in the second sentence of paragraph
(c) and adding, in its place, the numeral ``15''.
Sec. 2200.204 [Amended]
0
27. Section 2200.204 is amended by:
0
a. Removing the words ``Chief Judge'' in the last sentence of paragraph
(a) and adding, in their place, the words ``Chief Administrative Law
Judge''.
0
b. Removing the word ``seven'' in the third sentence of paragraph (b)
and adding, in its place, the numeral ``7''.
[[Page 63988]]
Sec. 2200.209 [Amended]
0
28. Section 2200.209 is amended by:
0
a. Removing the word ``Chief'' in the last sentence of paragraph (f)
and adding, in its place, the words ``Chief Administrative Law Judge''.
0
b. Adding a hyphen between the numeral ``21'' and the word ``day'' in
the last sentence of paragraph (g).
PART 2203--REGULATIONS IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE
ACT
0
29. The authority citation for part 2203 continues to read as follows:
Authority: 29 U.S.C. 661(g); 5 U.S.C. 552b(d)(4); 5 U.S.C.
552b(g).
Sec. 2203.2 [Amended]
0
30. Section 2203.2 is amended by removing ``, the Deputy General
Counsel,'' in the definition of ``General Counsel.''
Sec. 2203.3 [Amended]
0
31. Section 2203.3 is amended by adding the word ``that'' between the
words ``person'' and ``are'' in paragraph (b)(4).
PART 2204--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTCE ACT IN
PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION
0
32. The authority citation for part 2204 continues to read as follows:
Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5
U.S.C. 504(c)(1)); Pub. L. 99-80, 99 Stat. 183.
Sec. 2204.102 [Amended]
0
33. Section 2204.102 is amended by removing ``661(i)'' in paragraph (d)
and adding, in its place, ``661(j)''.
Sec. 2204.105 [Amended]
0
34. Section 2204.105 is amended by removing ``Sec. 2200.34(d)'' in
paragraph (c) and adding, in its place, ``Sec. 2200.37(d)''.
Sec. 2204.108 [Amended]
0
35. Section 2204.108 is amended by removing ``661(i)'' in the first
sentence and adding, in its place, ``661(j)''.
[FR Doc. E9-28845 Filed 12-4-09; 8:45 am]
BILLING CODE P
