Request for Public Comment on a Review Level Alternative Dispute Resolution Program, 52116-52117 [2013-20526]
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52116
Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
System, which describes the application
procedure.
tkelley on DSK3SPTVN1PROD with PROPOSALS
The Proposal
The FAA is considering an
amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend
Class E airspace extending upward from
700 feet above the surface at Cattaraugus
County-Olean Airport, Olean, NY.
Airspace reconfiguration to within a 10mile radius of the airport is necessary
due to the decommissioning of the
Olean NDB, and cancellation of the NDB
approach, and for continued safety and
management of IFR operations at the
airport. The geographic coordinates of
the airport would be adjusted to
coincide with the FAAs aeronautical
database.
Class E airspace designations are
published in Paragraph 6005 of FAA
Order 7400.9W, dated August 8, 2012,
and effective September 15, 2012, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This proposed
rulemaking is promulgated under the
authority described in Subtitle VII, Part,
A, Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This proposed regulation is
within the scope of that authority as it
would amend Class E airspace at
VerDate Mar<15>2010
17:19 Aug 21, 2013
Jkt 229001
Cattaraugus County-Olean Airport,
Olean, NY.
This proposal would be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, effective
September 15, 2012, is amended as
follows:
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AEA NY E5 Olean, NY [Amended]
Cattaraugus County-Olean Airport, NY
(Lat. 42°14′28″ N., long. 78°22′17″ W.)
That airspace extending upward from 700
feet above the surface within a 10-mile radius
of Cattaraugus County-Olean Airport.
Issued in College Park, Georgia, on August
16, 2013 .
Kip B. Johns,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2013–20511 Filed 8–21–13; 8:45 am]
BILLING CODE 4910–13–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
29 CFR Part 2200
Request for Public Comment on a
Review Level Alternative Dispute
Resolution Program
Occupational Safety and Health
Review Commission.
AGENCY:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
ACTION:
Request for comment.
The Occupational Safety and
Health Review Commission invites the
public to comment on the potential
development of an alternative dispute
resolution program at the review level.
DATES: Written comments must be
submitted on or before October 21,
2013.
ADDRESSES: Submit all written
comments, identified by the title
‘‘Settlement Part Public Comment,’’ by
mail or hand delivery to John X.
Cerveny, Deputy Executive Secretary,
Occupational Safety and Health Review
Commission, 1120 20th Street NW.,
Washington, DC 20036–3457, by fax to
202–606–5050, or by email to
fedreg@oshrc.gov.
FOR FURTHER INFORMATION CONTACT: John
X. Cerveny, Deputy Executive Secretary,
Occupational Safety and Health Review
Commission, 1120 20th Street NW.,
Ninth Floor, Washington, DC 20036–
3457; Telephone (202) 606–5706; email
address: fedreg@oshrc.gov.
SUPPLEMENTARY INFORMATION: The
Occupational Safety and Health Review
Commission (‘‘Commission’’)
adjudicates contested citations issued
by the U.S. Department of Labor’s
Occupational Safety and Health
Administration (‘‘OSHA’’) at the trial
level before an administrative law judge
and, if directed for review, before the
Commissioners on appeal. The
Commission initiated an alternative
dispute resolution (‘‘ADR’’) program at
the trial level, known as the Settlement
Part program, in 1999. The Settlement
Part program, codified at 29 CFR
2200.120, employs both mandatory and
voluntary procedures to promote case
settlement. Under the program, an
administrative law judge acts as a
settlement judge and oversees the ADR
process. If a case does not settle, an
administrative law judge who did not
act as the settlement judge typically
hears the case and issues a decision,
which may be appealed to the
Commissioners at the review level. An
ADR program does not currently exist at
the Commission’s review level, but the
Commission is exploring the feasibility
of instituting such a program.
At the Commission’s request, ADR
experts at Indiana University School of
Public and Environmental Affairs
recently completed a study of the
Settlement Part program at the judges’
level. Upon studying both empirical
data and survey responses from internal
and external participants, Indiana
University deemed the program
‘‘successful’’ and noted that the
Commission ‘‘has done an admirable job
SUMMARY:
E:\FR\FM\22AUP1.SGM
22AUP1
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
addressing an increased caseload within
constrained resources while at the same
time meeting the expectations of its
external stakeholders.’’ In addition to
Indiana University’s study of the
Settlement Part program at the judges’
level, the Commission held a public
meeting on August 30, 2012, to explore
ways to enhance efficiency and
effectiveness in resolving cases at the
review level. During the public meeting,
there were expert panelists and
members of the public who spoke in
favor of implementing an ADR program
at the review level.
In light of the success of the
Settlement Part program at the judges’
level and the comments received at the
public meeting, the Commission is
considering creating an ADR program at
the review level. At this stage, the
Commission seeks public input on
whether it should develop such a
program and, if so, how the program
should operate.
Specifically, the Commission invites
public comment on the following list of
questions:
1. Should the Commission develop an
ADR program at the review level?
a. Why or why not?
b. Do parties have sufficient
incentives at the review level to
participate in ADR? What are the
potential benefits of, and deterrents to,
participation in the ADR program at the
review level?
c. What types of ADR processes
should a potential program incorporate?
2. If an ADR program is developed,
should certain types of cases be
included or excluded, and how should
eligibility for ADR at the review level be
determined?
a. Should placement into ADR be
decided by a Commission vote?
b. Should participation in an ADR
program be mandatory or voluntary?
c. Should the Commission evaluate
cases for participation in the ADR
program at the review level based on
any criteria, such as the total dollar
amount of penalties, the number of
citation items, the characterization of
violations, or any other issues?
d. Regarding cases where the parties
participated in the Settlement Part
program at the trial level, should the
Commission use different criteria when
considering these cases for participation
in the ADR program at the review level?
If these cases are placed into ADR at the
review level, should they be treated
differently in any way?
e. Is ADR appropriate for cases with
pro se parties? If so, should the
Commission offer any assistance or
guidance to pro se parties in the ADR
process?
VerDate Mar<15>2010
16:29 Aug 21, 2013
Jkt 229001
3. When should the ADR process
begin?
a. Should the process begin before or
after the Commission issues a briefing
notice?
b. If ADR begins after issuance of a
briefing notice when parties know what
issues the Commission is most
interested in, should briefing be
suspended during the ADR process so
that the parties may avoid briefing
costs?
c. Should an ADR program allow
flexibility as to when the process starts
in each case?
4. Where should dispute resolution
proceedings be held?
5. Should telephone or video
conferencing be an option for ADR
discussions? If so, should its use be
limited to certain circumstances?
6. Who should the Commission select
to serve as potential third-party
neutrals?
a. In addition to possessing ADR
training and skills, would third-party
neutrals benefit from having subject
matter expertise in OSH law or other
related fields such as labor law? If so,
should third-party neutrals be required
to have such expertise?
b. Should the Commission use its own
employees as third-party neutrals if they
are excluded from any subsequent
involvement in cases they participate in
as third-party neutrals?
c. Are there any reasons not to use
former Commissioners, ALJs, or
practitioners as third-party neutrals?
d. Should the Commission seek out
third-party neutrals from any other
potential source, such as the Federal
Mediation and Conciliation Service or
regional federal court third-party neutral
rosters?
e. Should the parties be able to select
the third-party neutral, or reject one the
Commission selects?
7. What responsibilities should a
third-party neutral have?
a. Should a third-party neutral be able
to require parties to file pre-conference
confidential statements?
b. Should a third-party neutral have
the power to suspend the ADR process
and report any misconduct to the
Commission, such as a party’s failure to
be present at a scheduled ADR
conference? Should the Commission
consider any reported misconduct
consistent with Commission Rule 101,
29 CFR 2200.101 (Failure to obey rules)?
c. Should a third-party neutral have
the power to require that a
representative for each party with full
authority to resolve the case be present
at an ADR conference?
d. Should the third-party neutral
require strict confidentiality of all ADR
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
52117
discussions and any other matters
subject to a specific confidentiality
agreement?
8. Should a specified amount of time
be allotted to the ADR process before a
case is returned to conventional
proceedings?
a. Should a third-party neutral have
the authority to make a request to the
Commission to extend the timeframe for
the ADR process?
b. If so, should there be defined
criteria for granting an extension and/or
a specified limit to any extension?
9. What other considerations should
the Commission evaluate in determining
whether to develop an ADR program at
the review level?
The Review Commission welcomes
any other comments or suggestions
regarding an ADR program at the
Commission’s review level.
Dated: August 19, 2013.
John X. Cerveny,
Deputy Executive Secretary.
[FR Doc. 2013–20526 Filed 8–21–13; 8:45 am]
BILLING CODE 7600–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DOD–2013–OS–0023]
RIN 0790–AJ03
DoD Privacy Program
Director of Administration and
Management, DoD.
ACTION: Proposed rule; amendment.
AGENCY:
This rule updates the
established policies, guidance, and
assigned responsibilities of the DoD
Privacy Program pursuant to The
Privacy Act and Office of Management
and Budget (OMB) Circular No. A–130;
authorizes the Defense Privacy Board
and the Defense Data Integrity Board;
prescribes uniform procedures for
implementation of and compliance with
the DoD Privacy Program; and delegates
authorities and responsibilities for the
effective administration of the DoD
Privacy Program.
DATES: Comments must be received by
October 21, 2013.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
SUMMARY:
E:\FR\FM\22AUP1.SGM
22AUP1
Agencies
[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Proposed Rules]
[Pages 52116-52117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20526]
=======================================================================
-----------------------------------------------------------------------
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Part 2200
Request for Public Comment on a Review Level Alternative Dispute
Resolution Program
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Request for comment.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Review Commission invites
the public to comment on the potential development of an alternative
dispute resolution program at the review level.
DATES: Written comments must be submitted on or before October 21,
2013.
ADDRESSES: Submit all written comments, identified by the title
``Settlement Part Public Comment,'' by mail or hand delivery to John X.
Cerveny, Deputy Executive Secretary, Occupational Safety and Health
Review Commission, 1120 20th Street NW., Washington, DC 20036-3457, by
fax to 202-606-5050, or by email to fedreg@oshrc.gov.
FOR FURTHER INFORMATION CONTACT: John X. Cerveny, Deputy Executive
Secretary, Occupational Safety and Health Review Commission, 1120 20th
Street NW., Ninth Floor, Washington, DC 20036-3457; Telephone (202)
606-5706; email address: fedreg@oshrc.gov.
SUPPLEMENTARY INFORMATION: The Occupational Safety and Health Review
Commission (``Commission'') adjudicates contested citations issued by
the U.S. Department of Labor's Occupational Safety and Health
Administration (``OSHA'') at the trial level before an administrative
law judge and, if directed for review, before the Commissioners on
appeal. The Commission initiated an alternative dispute resolution
(``ADR'') program at the trial level, known as the Settlement Part
program, in 1999. The Settlement Part program, codified at 29 CFR
2200.120, employs both mandatory and voluntary procedures to promote
case settlement. Under the program, an administrative law judge acts as
a settlement judge and oversees the ADR process. If a case does not
settle, an administrative law judge who did not act as the settlement
judge typically hears the case and issues a decision, which may be
appealed to the Commissioners at the review level. An ADR program does
not currently exist at the Commission's review level, but the
Commission is exploring the feasibility of instituting such a program.
At the Commission's request, ADR experts at Indiana University
School of Public and Environmental Affairs recently completed a study
of the Settlement Part program at the judges' level. Upon studying both
empirical data and survey responses from internal and external
participants, Indiana University deemed the program ``successful'' and
noted that the Commission ``has done an admirable job
[[Page 52117]]
addressing an increased caseload within constrained resources while at
the same time meeting the expectations of its external stakeholders.''
In addition to Indiana University's study of the Settlement Part
program at the judges' level, the Commission held a public meeting on
August 30, 2012, to explore ways to enhance efficiency and
effectiveness in resolving cases at the review level. During the public
meeting, there were expert panelists and members of the public who
spoke in favor of implementing an ADR program at the review level.
In light of the success of the Settlement Part program at the
judges' level and the comments received at the public meeting, the
Commission is considering creating an ADR program at the review level.
At this stage, the Commission seeks public input on whether it should
develop such a program and, if so, how the program should operate.
Specifically, the Commission invites public comment on the
following list of questions:
1. Should the Commission develop an ADR program at the review
level?
a. Why or why not?
b. Do parties have sufficient incentives at the review level to
participate in ADR? What are the potential benefits of, and deterrents
to, participation in the ADR program at the review level?
c. What types of ADR processes should a potential program
incorporate?
2. If an ADR program is developed, should certain types of cases be
included or excluded, and how should eligibility for ADR at the review
level be determined?
a. Should placement into ADR be decided by a Commission vote?
b. Should participation in an ADR program be mandatory or
voluntary?
c. Should the Commission evaluate cases for participation in the
ADR program at the review level based on any criteria, such as the
total dollar amount of penalties, the number of citation items, the
characterization of violations, or any other issues?
d. Regarding cases where the parties participated in the Settlement
Part program at the trial level, should the Commission use different
criteria when considering these cases for participation in the ADR
program at the review level? If these cases are placed into ADR at the
review level, should they be treated differently in any way?
e. Is ADR appropriate for cases with pro se parties? If so, should
the Commission offer any assistance or guidance to pro se parties in
the ADR process?
3. When should the ADR process begin?
a. Should the process begin before or after the Commission issues a
briefing notice?
b. If ADR begins after issuance of a briefing notice when parties
know what issues the Commission is most interested in, should briefing
be suspended during the ADR process so that the parties may avoid
briefing costs?
c. Should an ADR program allow flexibility as to when the process
starts in each case?
4. Where should dispute resolution proceedings be held?
5. Should telephone or video conferencing be an option for ADR
discussions? If so, should its use be limited to certain circumstances?
6. Who should the Commission select to serve as potential third-
party neutrals?
a. In addition to possessing ADR training and skills, would third-
party neutrals benefit from having subject matter expertise in OSH law
or other related fields such as labor law? If so, should third-party
neutrals be required to have such expertise?
b. Should the Commission use its own employees as third-party
neutrals if they are excluded from any subsequent involvement in cases
they participate in as third-party neutrals?
c. Are there any reasons not to use former Commissioners, ALJs, or
practitioners as third-party neutrals?
d. Should the Commission seek out third-party neutrals from any
other potential source, such as the Federal Mediation and Conciliation
Service or regional federal court third-party neutral rosters?
e. Should the parties be able to select the third-party neutral, or
reject one the Commission selects?
7. What responsibilities should a third-party neutral have?
a. Should a third-party neutral be able to require parties to file
pre-conference confidential statements?
b. Should a third-party neutral have the power to suspend the ADR
process and report any misconduct to the Commission, such as a party's
failure to be present at a scheduled ADR conference? Should the
Commission consider any reported misconduct consistent with Commission
Rule 101, 29 CFR 2200.101 (Failure to obey rules)?
c. Should a third-party neutral have the power to require that a
representative for each party with full authority to resolve the case
be present at an ADR conference?
d. Should the third-party neutral require strict confidentiality of
all ADR discussions and any other matters subject to a specific
confidentiality agreement?
8. Should a specified amount of time be allotted to the ADR process
before a case is returned to conventional proceedings?
a. Should a third-party neutral have the authority to make a
request to the Commission to extend the timeframe for the ADR process?
b. If so, should there be defined criteria for granting an
extension and/or a specified limit to any extension?
9. What other considerations should the Commission evaluate in
determining whether to develop an ADR program at the review level?
The Review Commission welcomes any other comments or suggestions
regarding an ADR program at the Commission's review level.
Dated: August 19, 2013.
John X. Cerveny,
Deputy Executive Secretary.
[FR Doc. 2013-20526 Filed 8-21-13; 8:45 am]
BILLING CODE 7600-01-P