Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, 11426 [2021-04005]
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11426
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 18
RIN 1290–AA36
Rules of Practice and Procedure for
Administrative Hearings Before the
Office of Administrative Law Judges
Office of the Secretary,
Department of Labor.
ACTION: Direct final rule; withdrawal.
AGENCY:
Due to the receipt of
significant adverse comment, the
Department of Labor is withdrawing the
January 11, 2021 direct final rule (DFR)
that would have provided for electronic
filing (e-filing) and electronic service (eservice) of papers, required e-filing for
persons represented by attorneys or
non-attorney representatives unless
good cause is shown justifying a
different form of filing, and required
advance notice to the parties of the
manner of a hearing or prehearing
conference.
SUMMARY:
Effective February 25, 2021, the
direct final rule published at 86 FR 1800
on January 11, 2021, is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Todd Smyth, General Counsel, U.S.
Department of Labor, Office of
Administrative Law Judges, 800 K Street
NW, Washington, DC 20001–8002;
telephone (513) 684–3252. Individuals
with hearing or speech impairments
may access the telephone number above
by TTY by calling the toll-free Federal
Information Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION: In the
DFR, the Department stated that if a
significant adverse comment was
submitted by February 10, 2021, the
Department would publish a timely
withdrawal in the Federal Register
informing the public that the DFR will
not take effect. The Department also
issued an identical notice of proposed
rulemaking (NPRM) on the same day (86
FR 1862). The Department received
significant adverse comment prior to the
close of the comment period and is
therefore withdrawing the DFR. The
Department also received a request to
extend the comment period and will
reopen the comment period for the
NPRM for 15 days in a future document.
In issuing a final action, the Department
will consider comments received on the
DFR and NPRM during the initial
comment period as well as comments
received during the subsequent
comment period. The Department will
also provide at least 30 days’ notice
DATES:
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
between promulgating a final rule that
requires e-filing and the date on which
e-filing will become mandatory under
such a rule. Furthermore, the
Department notes that several comments
raised concerns with the Department’s
electronic filing system and not the
requirements of the proposed or direct
final rules. To better understand and
address these concerns, the Department
plans to hold listening sessions during
the coming weeks for users to provide
feedback on the system. Information
about those sessions will be announced
at https://efile.dol.gov.
List of Subjects in 29 CFR Part 18
I. Table of Abbreviations
Administrative practice and
procedure, Labor.
PART 18—RULES OF PRACTICE AND
PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF
ADMINISTRATIVE LAW JUDGES
Accordingly, the amendments to 29
CFR part 18, published in the Federal
Register on January 11, 2021 (86 FR
1800), are withdrawn as of February 25,
2021.
Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021–04005 Filed 2–23–21; 4:15 pm]
BILLING CODE 4510–HW–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0098]
RIN 1625–AA00
Safety Zone; Ohio River, New
Richmond, OH
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing temporary safety zone for
all navigable waters of the Ohio River
from mile marker (MM) 452.0 to MM
454.0 near New Richmond, OH. This
action is necessary to provide for the
safety of life on these navigable waters
near New Richmond, OH, during a
demolition project. Entry into, transiting
through, or anchoring within this zone
is prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
DATES: This rule is effective on February
26, 2021 through February 28, 2021.
SUMMARY:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0098 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Matthew Roberts,
Waterways Department Marine Safety
Detachment Cincinnati, U.S. Coast
Guard; telephone 513–921–9033, email
msdcincinnati@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. On February 15,
2021, the Coast Guard was notified of a
demolition event that will take place on
the Ohio River, between Mile Marker
(MM) 452.0 to MM 454.0 near New
Richmond, OH from 9:30 a.m. through
10:30 a.m. on February 26, 2021 or if
inclement weather is present the
demotion event will take place on
February 27, 2021 or February 28, 2021,
from 9:30 a.m. through 10:30 a.m.
Notice of the demolition event did not
give the Coast Guard enough time to
publish an NPRM, take public
comments, and issue a final rule before
the demolition work is set to begin. It
would be impracticable and contrary to
the public interest to delay
promulgating this rule as it is necessary
to establish this safety zone on February
26, 2021 to protect the safety of anyone
within a two mile radius of the area
associated with the demolition. Under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
E:\FR\FM\25FER1.SGM
25FER1
]]>Agencies
[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Rules and Regulations]
[Page 11426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04005]
[[Page 11426]]
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DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 18
RIN 1290-AA36
Rules of Practice and Procedure for Administrative Hearings
Before the Office of Administrative Law Judges
AGENCY: Office of the Secretary, Department of Labor.
ACTION: Direct final rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: Due to the receipt of significant adverse comment, the
Department of Labor is withdrawing the January 11, 2021 direct final
rule (DFR) that would have provided for electronic filing (e-filing)
and electronic service (e-service) of papers, required e-filing for
persons represented by attorneys or non-attorney representatives unless
good cause is shown justifying a different form of filing, and required
advance notice to the parties of the manner of a hearing or prehearing
conference.
DATES: Effective February 25, 2021, the direct final rule published at
86 FR 1800 on January 11, 2021, is withdrawn.
FOR FURTHER INFORMATION CONTACT: Todd Smyth, General Counsel, U.S.
Department of Labor, Office of Administrative Law Judges, 800 K Street
NW, Washington, DC 20001-8002; telephone (513) 684-3252. Individuals
with hearing or speech impairments may access the telephone number
above by TTY by calling the toll-free Federal Information Relay Service
at (800) 877-8339.
SUPPLEMENTARY INFORMATION: In the DFR, the Department stated that if a
significant adverse comment was submitted by February 10, 2021, the
Department would publish a timely withdrawal in the Federal Register
informing the public that the DFR will not take effect. The Department
also issued an identical notice of proposed rulemaking (NPRM) on the
same day (86 FR 1862). The Department received significant adverse
comment prior to the close of the comment period and is therefore
withdrawing the DFR. The Department also received a request to extend
the comment period and will reopen the comment period for the NPRM for
15 days in a future document. In issuing a final action, the Department
will consider comments received on the DFR and NPRM during the initial
comment period as well as comments received during the subsequent
comment period. The Department will also provide at least 30 days'
notice between promulgating a final rule that requires e-filing and the
date on which e-filing will become mandatory under such a rule.
Furthermore, the Department notes that several comments raised concerns
with the Department's electronic filing system and not the requirements
of the proposed or direct final rules. To better understand and address
these concerns, the Department plans to hold listening sessions during
the coming weeks for users to provide feedback on the system.
Information about those sessions will be announced at https://efile.dol.gov.
List of Subjects in 29 CFR Part 18
Administrative practice and procedure, Labor.
PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
Accordingly, the amendments to 29 CFR part 18, published in the
Federal Register on January 11, 2021 (86 FR 1800), are withdrawn as of
February 25, 2021.
Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021-04005 Filed 2-23-21; 4:15 pm]
BILLING CODE 4510-HW-P
