Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service; Correction, 8687 [2021-02564]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration
• Office of the Secretary of Labor

[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Page 8687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02564]


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DEPARTMENT OF LABOR

Office of the Secretary of Labor

29 CFR Part 22

Occupational Safety and Health Administration

29 CFR Part 1986

RIN 1290-AA28


Rules of Practice and Procedure Concerning Filing and Service and 
Amended Rules Concerning Filing and Service; Correction

AGENCY: Employment and Training Administration, Office of Workers' 
Compensation Programs, Office of the Secretary, Office of Labor-
Management Standards, Wage and Hour Division, Occupational Safety and 
Health Administration, Office of Federal Contract Compliance Programs.

ACTION: Direct final rule; correction.

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SUMMARY: The Department of Labor (Department or DOL) is correcting a 
direct final rule that appeared in the Federal Register on January 11, 
2021, ``Rules of Practice and Procedure Concerning Filing and Service 
and Amended Rules Concerning Filing and Service.'' The companion 
proposed rule to the final rule was published in the same issue of the 
Federal Register. The final rule required electronic filing (e-filing) 
and made acceptance of electronic service (e-service) automatic for 
attorneys and non-attorney representatives representing parties in 
proceedings before the Administrative Review Board, unless the Board 
authorized non-electronic filing and service for good cause. Among 
other changes, the final rule was intended to revise several sections 
of the Code of Federal Regulations. However, the final rule as 
published inadvertently omitted amendatory instructions to revise two 
section headings, despite providing revised language for those 
headings. This document provides the omitted amendatory instructions to 
ensure that these two section headings are revised as written in the 
final rule.

DATES: This correction is effective on February 25, 2021, unless the 
Department receives a significant adverse comment to the underlying 
direct final rule or its companion proposed rule by February 10, 2021 
that explains why the rule is inappropriate.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the 
Appellate Boards, at 202-693-6319 or [email protected].

SUPPLEMENTARY INFORMATION: DOL is making the following corrections to 
the final rule, as published in the Federal Register on Monday, January 
11, 2021 (86 FR 1772).
    DOL is adding amendatory instructions to change the section 
headings of two sections of the Code of Federal Regulations.
    At 86 FR 1781, third column, 29 CFR part 22, amendatory instruction 
43 revised Sec.  22.39, paragraphs (a), (b)(3), (c), (f), and (h) 
through (l). The text of Sec.  22.39 as written in the final rule also 
included a revised section heading; however, amendatory instruction 43 
did not specify that the section heading should be revised in addition 
to the text of the above-listed paragraphs. In this action, amendatory 
instruction 43 is corrected to clarify that the section heading of 
Sec.  22.39 should be revised as well. Amendatory instruction 43 is 
corrected to read: ``43. In Sec.  22.39, revise the section heading and 
paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as 
follows:''. The section heading is being revised to read ``Appeal to 
ARB'' instead of ``Appeal to authority head.'' This change is in 
keeping with the Department's clearly expressed intent in the preamble 
of the final rule to revise references in the regulations to an 
``authority head'' to references to the ``ARB'' in order to clarify the 
responsibilities of the Administrative Review Board.
    At 86 FR 1793, third column, 29 CFR part 1986, amendatory 
instruction 133 revised Sec.  1986.110, paragraph (c). The text of 
Sec.  1986.110 as written in the final rule also included a revised 
section heading; however, amendatory instruction 133 did not specify 
that the section heading should be revised in addition to the text of 
paragraph (c). In this action, amendatory instruction 133 is corrected 
to clarify that the section heading of Sec.  1986.110 should be 
revised, as well. Amendatory instruction 133 is corrected to read: 
``133. In Sec.  1986.110, revise the section heading and paragraph (c) 
to read as follows:''. The section heading is being revised to read 
``Decision and orders of the Administrative Review Board'' instead of 
``Decisions and order of the Administrative Review Board.'' The change 
to Sec.  1986.110 is intended to make the section heading consistent 
with other similar section headings in the chapter of Title 29 that are 
titled ``Decision and orders of the Administrative Review Board.''

Federal Register Correction

    In the final rule published at 86 FR 1772 in the issue of January 
11, 2021, the following corrections are made:

PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986


Sec.  22.39   [Corrected]

0
1. On page 1781, in the third column, correct amendatory instruction 43 
to read: ``43. In Sec.  22.39, revise the section heading and 
paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as 
follows:''.

PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION 
ACT (SPA), AS AMENDED


Sec.  1986.110   [Corrected]

0
2. On page 1793, in the third column, correct amendatory instruction 
133 to read: ``133. In Sec.  1986.110, revise the section heading and 
paragraph (c) to read as follows:''.

    Dated: February 3, 2021.
Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021-02564 Filed 2-8-21; 8:45 am]
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