Rules of Procedure; Technical Amendments, 8948-8949 [2022-03479]
Download as PDF
<![CDATA[
8948
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
As mentioned earlier, the ABLA
contains a maximum civil monetary
penalty. For such penalties, section 5 of
the Inflation Adjustment Act indicates
that the inflation adjustment is
determined by increasing the maximum
penalty by the cost-of-living adjustment.
The cost-of-living adjustment means the
percentage increase (if any) between the
Consumer Price Index for all-urban
consumers (CPI–U) for the October
preceding the date of the adjustment
and the prior year’s October CPI–U.
The CPI–U in October 2020 was
260.388, and the CPI–U in October 2021
was 276.589. The rate of inflation
between October 2020 and October 2021
was therefore 6.222 percent. When
applied to the current ABLA penalty of
$21,633, this rate of inflation yields a
raw (unrounded) inflation adjustment of
$1,346.00526. Rounded to the nearest
dollar, the inflation adjustment is
$1,346, meaning that the new maximum
civil penalty for violations of the ABLA
will be $22,979.
The new maximum civil penalty will
apply to all penalties that are assessed
after February 17, 2022. TTB also will
update its web page at https://
www.ttb.gov/regulation_guidance/
ablapenalty.html to reflect the adjusted
penalty.
Dated: February 10, 2022.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2022–03410 Filed 2–16–22; 8:45 am]
BILLING CODE 4810–31–P
email at nhuls@oshrc.gov, or by mail at:
1120 20th Street NW, Ninth Floor,
Washington, DC 20036–3457.
SUPPLEMENTARY INFORMATION: OSHRC
published revisions to its rules of
procedure in the Federal Register on
April 10, 2019 (84 FR 14554), and
published corrections on August 30,
2019 (84 FR 45654), October 4, 2019 (84
FR 53052), and October 15, 2020 (85 FR
65220). This document makes further
technical amendments to the final rule.
List of Subjects in 29 CFR Part 2200
Administrative practice and
procedure, Hearing and appeal
procedures.
Accordingly, 29 CFR part 2200 is
amended by making the following
technical amendments:
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).
■
2. Revise § 2200.3 to read as follows:
§ 2200.3
29 CFR Part 2200
Rules of Procedure; Technical
Amendments
Occupational Safety and Health
Review Commission.
ACTION: Technical amendments.
AGENCY:
This document makes
technical amendments to the final rule
published by the Occupational Safety
and Health Review Commission in the
Federal Register on April 10, 2019, and
corrected on August 30, 2019, October
4, 2019, and October 15, 2020. That rule
revised the procedural rules governing
practice before the Occupational Safety
and Health Review Commission
(OSHRC).
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
DATES:
Effective on February 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Natalie Huls-Simpson, AttorneyAdvisor, Office of the General Counsel,
by telephone at (202) 606–5410, by
VerDate Sep<11>2014
15:53 Feb 16, 2022
Jkt 256001
Computing time.
(a) * * *
(6) * * *
(i) The day set aside by statute for
observing New Year’s Day, Martin
Luther King Jr.’s Birthday, Washington’s
Birthday, Memorial Day, Juneteenth
National Independence Day,
Independence Day, Labor Day,
Columbus Day, Veterans’ Day,
Thanksgiving Day, or Christmas Day;
and,
*
*
*
*
*
(7) Computation examples. (i) If a
judge orders that a document is due in
40 days, count every calendar day
starting the day after that order (day 1)
until reaching day 40 (due date). If the
receiving Commission office is closed
on day 40 (such as on a Saturday,
Sunday, or Federal holiday), the
document would be due the next day
the office is open. In other words, if day
40 falls on a Saturday, and the following
Monday is a Federal holiday, the
document would be due on Tuesday,
the day after the holiday.
(ii) If a judge orders that a document
is due 14 days before a hearing, count
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
§ 2200.6
Record address.
(a) Every pleading or document filed
by any party or intervenor shall contain
the name, current address, telephone
number, and email address of the party
or intervenor’s representative or, if there
is no representative, the party or
intervenor’s own name, current address,
telephone number, and email address.
* * *
*
*
*
*
*
■ 5. Amend § 2200.7 by revising
paragraph (h) to read as follows:
§ 2200.7
Words importing the singular number
may extend and be applied to the plural
and vice versa.
■ 3. Amend § 2200.4 by revising
paragraph (a)(6)(i) and adding paragraph
(a)(7) to read as follows:
§ 2200.4
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
Use of number.
backwards starting the day before the
hearing (day 1) until reaching day 14. If
the receiving Commission office is
closed on day 14 (such as on a Saturday,
Sunday, or Federal holiday), the
document would be due on the last day
the office is open before the Saturday,
Sunday, or Federal holiday. In other
words, if day 14 falls on a Sunday, and
the Friday before is a Federal holiday,
the document would be due on
Thursday, the day before the holiday.
*
*
*
*
*
■ 4. Amend § 2200.6 by revising the first
sentence of paragraph (a) to read as
follows:
Service, notice, and posting.
*
*
*
*
*
(h) Special service requirements;
authorized employee representatives.
The authorized employee
representative, if any, shall be served by
the employer with the notice set forth in
paragraph (g) of this section and with a
copy of the notice of contest or petition
for modification of the abatement
period.
*
*
*
*
*
■ 6. Amend § 2200.8 by:
■ a. Revising the last sentence of
paragraph (c)(1);
■ b. Adding a sentence to the end of
paragraph (c)(2); and
■ c. Revising paragraph (d)(1) and the
first sentence of paragraph (d)(5).
The revisions and addition read as
follows:
§ 2200.8
Filing.
*
*
*
*
*
(c) * * *
(1) * * * Documents may not be filed
with the Commission or the Judge via
email, unless allowed under paragraph
(d)(1) of this section.
(2) * * * Documents may not be filed
with the Commission or the Judge via
email, unless allowed under paragraph
(d)(1) of this section.
*
*
*
*
*
(d) * * *
(1) How to file. Documents may be
filed by postage-prepaid first class or
E:\FR\FM\17FER1.SGM
17FER1
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
higher class U.S. Mail, commercial
delivery service, personal delivery, or
facsimile transmission. Only documents
exempt from e-filing under paragraph
(c)(5) of this section may be filed by
email.
*
*
*
*
*
(5) Sensitive information. Unless the
Commission or the Judge orders
otherwise, in any filing with the
Commission, information that is
sensitive but not privileged (e.g., Social
Security numbers, driver’s license
numbers, passport numbers, taxpayeridentification numbers, birthdates,
mother’s maiden names, names of
minors, an individual’s physical
personal address, financial account
numbers) shall be redacted. * * *
*
*
*
*
*
■ 7. Amend § 2200.32 by revising the
third sentence to read as follows:
§ 2200.32
motions.
Signing of pleadings and
* * * The signature of a
representative or party also constitutes a
certificate by the representative or party
that the representative or party has read
the pleading, motion, or other
document, that to the best of the
representative’s or party’s knowledge,
information, and belief, formed after
reasonable inquiry, it is well grounded
in fact and is warranted by existing law
or a good faith argument for the
extension, modification, or reversal of
existing law, and that it is not included
for any improper purpose, such as to
harass or to cause unnecessary delay or
needless increase in the cost of
litigation. * * *
■ 8. Amend § 2200.37 by revising
paragraph (d)(3) to read as follows:
§ 2200.37 Petitions for modification of the
abatement period.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(d) * * *
(3) An employer petitioning for a
modification of the abatement period
shall have the burden of proving in
accordance with the requirements of
section 10(c) of the Act, 29 U.S.C.
659(c), that such employer has made a
good faith effort to comply with the
abatement requirements of the citation
and that abatement has not been
completed because of factors beyond the
employer’s reasonable control.
*
*
*
*
*
■ 9. Amend § 2200.68 by revising
paragraphs (a) and (b) and the first
sentence of paragraph (d) to read as
follows:
§ 2200.68
Recusal of the Judge.
(a) Discretionary recusal. A Judge may
recuse themself from a proceeding
VerDate Sep<11>2014
15:53 Feb 16, 2022
Jkt 256001
whenever the Judge deems it
appropriate.
(b) Mandatory recusal. A Judge shall
recuse themself under circumstances
that would require disqualification of a
Federal judge under Canon 3(C) of the
Code of Conduct for United States
Judges, except that the required recusal
may be set aside under the conditions
specified by Canon 3(D).
*
*
*
*
*
(d) Ruling on request. If the Judge
finds that a request for recusal has been
filed with due diligence and that the
material filed in support of the request
establishes that recusal either is
appropriate under paragraph (a) of this
section or is required under paragraph
(b) of this section, the Judge shall recuse
themself from the proceeding. * * *
10. Amend § 2200.70 by revising the
last sentence of paragraph (f) to read as
follows:
■
§ 2200.70
Exhibits.
*
*
*
*
*
(f) * * * Any person granted custody
of an exhibit shall inform the Executive
Secretary of the status every 6 months
(e.g., 6 months after January 15 would
be July 15) of the person’s continuing
need for the exhibit and return the
exhibit after completion of the
proceeding.
*
*
*
*
*
11. Amend § 2200.120 by revising the
first sentence of paragraph (b)(1) and
paragraph (d)(1) to read as follows:
■
§ 2200.120
Settlement procedure.
*
*
*
*
*
(b) * * *
(1) Applicability. Mandatory
settlement applies only to notices of
contest by employers in which the
aggregate amount of the penalties sought
by the Secretary is $205,000 or greater.
* * *
*
*
*
*
*
(d) * * *
(1) General. The Settlement Judge
shall convene and preside over
conferences between the parties. The
Settlement Judge shall designate the
time, place, and nature of the
conference.
*
*
*
*
*
Cynthia L. Attwood,
Chairman.
Amanda Wood Laihow,
Commissioner.
[FR Doc. 2022–03479 Filed 2–16–22; 8:45 am]
BILLING CODE 7600–01–P
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
8949
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–SACN–32920; PPMWMWROW2/
PMP00UP05.YP0000]
RIN 1024–AE64
St. Croix National Scenic Riverway,
Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
amends the special regulations for St.
Croix National Scenic Riverway to allow
bicycle use on a 0.25-mile connector
trail across National Park Service land
near Cable, Wisconsin. The new trail
will provide direct access to the
Riverway and new recreational
opportunities within the Riverway and
on the Chequamegon Area Mountain
Bike Association trail network in
Bayfield County, Wisconsin. National
Park Service regulations require
promulgation of a special regulation to
designate new trails for bicycle use off
park roads and outside of developed
areas.
SUMMARY:
This rule is effective on March
21, 2022.
ADDRESSES:
Docket: For access to the docket to
read comments received, go to
www.regulations.gov and search for
Docket ID: NPS–2021–0002.
Document Availability: The Cable
Connector Trail Environmental
Assessment, Finding of No Significant
Impact, and Written Determination
provide information and context for this
rule and are available online at https://
parkplanning.nps.gov/sacn by clicking
the link entitled ‘‘Cable Connector
Trail’’ and then clicking the link
entitled ‘‘Document List.’’
FOR FURTHER INFORMATION CONTACT: Lisa
Yager, Chief of Resource Stewardship
and Education, St. Croix National
Scenic Riverway; (715) 483–2290; Lisa_
Yager@nps.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Namekagon and St. Croix Rivers
flow through some of the most scenic
and least developed country in the
Upper Midwest. The free-flowing
character and exceptional water quality
of these waterways serve as a unique
ecological corridor in northwest
Wisconsin and eastern Minnesota that
sustains a diversity of aquatic and
terrestrial wildlife and habitats.
E:\FR\FM\17FER1.SGM
17FER1
]]>Agencies
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8948-8949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03479]
=======================================================================
-----------------------------------------------------------------------
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Part 2200
Rules of Procedure; Technical Amendments
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Technical amendments.
-----------------------------------------------------------------------
SUMMARY: This document makes technical amendments to the final rule
published by the Occupational Safety and Health Review Commission in
the Federal Register on April 10, 2019, and corrected on August 30,
2019, October 4, 2019, and October 15, 2020. That rule revised the
procedural rules governing practice before the Occupational Safety and
Health Review Commission (OSHRC).
DATES: Effective on February 17, 2022.
FOR FURTHER INFORMATION CONTACT: Natalie Huls-Simpson, Attorney-
Advisor, Office of the General Counsel, by telephone at (202) 606-5410,
by email at [email protected], or by mail at: 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
SUPPLEMENTARY INFORMATION: OSHRC published revisions to its rules of
procedure in the Federal Register on April 10, 2019 (84 FR 14554), and
published corrections on August 30, 2019 (84 FR 45654), October 4, 2019
(84 FR 53052), and October 15, 2020 (85 FR 65220). This document makes
further technical amendments to the final rule.
List of Subjects in 29 CFR Part 2200
Administrative practice and procedure, Hearing and appeal
procedures.
Accordingly, 29 CFR part 2200 is amended by making the following
technical amendments:
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).
0
2. Revise Sec. 2200.3 to read as follows:
Sec. 2200.3 Use of number.
Words importing the singular number may extend and be applied to
the plural and vice versa.
0
3. Amend Sec. 2200.4 by revising paragraph (a)(6)(i) and adding
paragraph (a)(7) to read as follows:
Sec. 2200.4 Computing time.
(a) * * *
(6) * * *
(i) The day set aside by statute for observing New Year's Day,
Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,
Juneteenth National Independence Day, Independence Day, Labor Day,
Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and,
* * * * *
(7) Computation examples. (i) If a judge orders that a document is
due in 40 days, count every calendar day starting the day after that
order (day 1) until reaching day 40 (due date). If the receiving
Commission office is closed on day 40 (such as on a Saturday, Sunday,
or Federal holiday), the document would be due the next day the office
is open. In other words, if day 40 falls on a Saturday, and the
following Monday is a Federal holiday, the document would be due on
Tuesday, the day after the holiday.
(ii) If a judge orders that a document is due 14 days before a
hearing, count backwards starting the day before the hearing (day 1)
until reaching day 14. If the receiving Commission office is closed on
day 14 (such as on a Saturday, Sunday, or Federal holiday), the
document would be due on the last day the office is open before the
Saturday, Sunday, or Federal holiday. In other words, if day 14 falls
on a Sunday, and the Friday before is a Federal holiday, the document
would be due on Thursday, the day before the holiday.
* * * * *
0
4. Amend Sec. 2200.6 by revising the first sentence of paragraph (a)
to read as follows:
Sec. 2200.6 Record address.
(a) Every pleading or document filed by any party or intervenor
shall contain the name, current address, telephone number, and email
address of the party or intervenor's representative or, if there is no
representative, the party or intervenor's own name, current address,
telephone number, and email address. * * *
* * * * *
0
5. Amend Sec. 2200.7 by revising paragraph (h) to read as follows:
Sec. 2200.7 Service, notice, and posting.
* * * * *
(h) Special service requirements; authorized employee
representatives. The authorized employee representative, if any, shall
be served by the employer with the notice set forth in paragraph (g) of
this section and with a copy of the notice of contest or petition for
modification of the abatement period.
* * * * *
0
6. Amend Sec. 2200.8 by:
0
a. Revising the last sentence of paragraph (c)(1);
0
b. Adding a sentence to the end of paragraph (c)(2); and
0
c. Revising paragraph (d)(1) and the first sentence of paragraph
(d)(5).
The revisions and addition read as follows:
Sec. 2200.8 Filing.
* * * * *
(c) * * *
(1) * * * Documents may not be filed with the Commission or the
Judge via email, unless allowed under paragraph (d)(1) of this section.
(2) * * * Documents may not be filed with the Commission or the
Judge via email, unless allowed under paragraph (d)(1) of this section.
* * * * *
(d) * * *
(1) How to file. Documents may be filed by postage-prepaid first
class or
[[Page 8949]]
higher class U.S. Mail, commercial delivery service, personal delivery,
or facsimile transmission. Only documents exempt from e-filing under
paragraph (c)(5) of this section may be filed by email.
* * * * *
(5) Sensitive information. Unless the Commission or the Judge
orders otherwise, in any filing with the Commission, information that
is sensitive but not privileged (e.g., Social Security numbers,
driver's license numbers, passport numbers, taxpayer-identification
numbers, birthdates, mother's maiden names, names of minors, an
individual's physical personal address, financial account numbers)
shall be redacted. * * *
* * * * *
0
7. Amend Sec. 2200.32 by revising the third sentence to read as
follows:
Sec. 2200.32 Signing of pleadings and motions.
* * * The signature of a representative or party also constitutes a
certificate by the representative or party that the representative or
party has read the pleading, motion, or other document, that to the
best of the representative's or party's knowledge, information, and
belief, formed after reasonable inquiry, it is well grounded in fact
and is warranted by existing law or a good faith argument for the
extension, modification, or reversal of existing law, and that it is
not included for any improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of litigation. * * *
0
8. Amend Sec. 2200.37 by revising paragraph (d)(3) to read as follows:
Sec. 2200.37 Petitions for modification of the abatement period.
* * * * *
(d) * * *
(3) An employer petitioning for a modification of the abatement
period shall have the burden of proving in accordance with the
requirements of section 10(c) of the Act, 29 U.S.C. 659(c), that such
employer has made a good faith effort to comply with the abatement
requirements of the citation and that abatement has not been completed
because of factors beyond the employer's reasonable control.
* * * * *
0
9. Amend Sec. 2200.68 by revising paragraphs (a) and (b) and the first
sentence of paragraph (d) to read as follows:
Sec. 2200.68 Recusal of the Judge.
(a) Discretionary recusal. A Judge may recuse themself from a
proceeding whenever the Judge deems it appropriate.
(b) Mandatory recusal. A Judge shall recuse themself under
circumstances that would require disqualification of a Federal judge
under Canon 3(C) of the Code of Conduct for United States Judges,
except that the required recusal may be set aside under the conditions
specified by Canon 3(D).
* * * * *
(d) Ruling on request. If the Judge finds that a request for
recusal has been filed with due diligence and that the material filed
in support of the request establishes that recusal either is
appropriate under paragraph (a) of this section or is required under
paragraph (b) of this section, the Judge shall recuse themself from the
proceeding. * * *
0
10. Amend Sec. 2200.70 by revising the last sentence of paragraph (f)
to read as follows:
Sec. 2200.70 Exhibits.
* * * * *
(f) * * * Any person granted custody of an exhibit shall inform the
Executive Secretary of the status every 6 months (e.g., 6 months after
January 15 would be July 15) of the person's continuing need for the
exhibit and return the exhibit after completion of the proceeding.
* * * * *
0
11. Amend Sec. 2200.120 by revising the first sentence of paragraph
(b)(1) and paragraph (d)(1) to read as follows:
Sec. 2200.120 Settlement procedure.
* * * * *
(b) * * *
(1) Applicability. Mandatory settlement applies only to notices of
contest by employers in which the aggregate amount of the penalties
sought by the Secretary is $205,000 or greater. * * *
* * * * *
(d) * * *
(1) General. The Settlement Judge shall convene and preside over
conferences between the parties. The Settlement Judge shall designate
the time, place, and nature of the conference.
* * * * *
Cynthia L. Attwood,
Chairman.
Amanda Wood Laihow,
Commissioner.
[FR Doc. 2022-03479 Filed 2-16-22; 8:45 am]
BILLING CODE 7600-01-P
