Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Proposed Rules 62491 

(d) On the date of issuance, the 

Administrative Law Judge must deliver 

a copy of the decision and order on the 

District Director for service on the 

parties. 

(e) Any party may ask the 

Administrative Law Judge to reconsider 

their decision by filing a motion within 

30 days of the date the District Director 

serves the decision. A timely motion for 

reconsideration will suspend the 

running of the time for any party to file 

a petition for review under § 702.908 

until the date the motion for 

reconsideration is denied or 30 days 

after a new decision is issued. 

(f) If no party files a motion for 

reconsideration or petition for review 

within 30 days of the date the District 

Director serves the Administrative Law 

Judge’s decision, or if any such motions 

or petitions are denied, the decision will 

be deemed a final decision of the 

Secretary. 

(g) At the conclusion of all hearing 

proceedings, the Administrative Law 

Judge will forward the complete hearing 

record to the District Director who 

referred the matter for hearing, who will 

retain custody of the record. 

§ 702.908 Review by the Secretary. 

(a) Any party aggrieved by the 

decision of the Administrative Law 

Judge may petition the Secretary for 

review of the decision by filing a 

petition within 30 days of the date on 

which the District Director serves the 

decision. Copies of the petition must be 

served on all parties and on the Chief 

Administrative Law Judge. 

(b) If any party files a timely motion 

for reconsideration under § 702.907(e), 

any petition for review filed before 

service of a decision on reconsideration, 

whether filed prior to or subsequent to 

the filing of a timely motion for 

reconsideration, will be dismissed 

without prejudice as premature. The 30- 

day time limit for filing a petition for 

review by any party will begin upon 

service of a decision on reconsideration. 

(c) The petition for review must— 

(1) Be typewritten or legibly written; 

(2) State the specific determinations 

in the Administrative Law Judge’s 

decision with which the party disagrees; 

(3) Be signed and dated by the party 

or the party’s authorized representative; 

and 

(4) Include attached copies of the 

Administrative Law Judge’s decision 

and any other documents admitted into 

the record by the Administrative Law 

Judge that would assist the Secretary in 

determining whether review is 

warranted. 

(d) All documents submitted to the 

Secretary, including a petition for 

review, must be filed with the Secretary 

of Labor, U.S. Department of Labor, 200 

Constitution Ave. NW, Washington, DC 

20210, in the manner specified in the 

Administrative Law Judge’s decision 

and order. Documents are not 

considered filed with the Secretary until 

actually received. 

§ 702.909 Discretionary review. 

(a) Following receipt of a timely 

petition for review, the Secretary will 

determine whether the Administrative 

Law Judge’s decision warrants review. 

This determination is solely within the 

Secretary’s discretion. The Secretary 

will send written notice of their 

determination to all parties. 

(1) If the Secretary does not notify the 

parties within 30 days of the petition for 

review’s filing that they will review the 

decision, the Administrative Law 

Judge’s decision will be considered the 

final decision of the agency at the 

expiration of that 30 days. 

(2) If the Secretary decides to review 

the decision, the Secretary will notify 

the parties within 30 days of the 

petition for review’s filing of the issue 

or issues to be reviewed and set a 

schedule for the parties to submit 

written argument in whatever form the 

Secretary deems appropriate. 

(b) If the Secretary decides to review 

the decision, the District Director must 

forward the administrative record 

compiled before the Administrative Law 

Judge to the Secretary. 

§ 702.910 Final decision of the Secretary. 

The Secretary’s review is limited to 

the hearing record. The findings of fact 

in the decision under review shall be 

conclusive if supported by substantial 

evidence in the record as a whole. The 

Secretary’s review of conclusions of law 

will be de novo. Upon review of the 

decision, the Secretary may affirm, 

reverse, modify, or vacate the decision, 

and may remand the case to the Office 

of Administrative Law Judges for further 

proceedings. The Secretary’s final 

decision must be served upon all parties 

and the Chief Administrative Law 

Judge. 

§ 702.911 Settlement of penalty. 

At any time during proceedings under 

this subpart, the Director or District 

Director and the respondent may enter 

into a settlement of any proposed or 

assessed penalties. Upon settlement, the 

District Director or Director will 

transmit a copy of the settlement 

agreement to the Deputy Director for 

Longshore Claims. Any settlement 

agreement under this subpart may be 

considered as an aggravating factor 

under any future proceedings under this 

subpart. Penalties agreed upon in 

settlement agreements may be collected 

and recovered pursuant to § 702.912. 

§ 702.912 Collection and recovery of 

penalty. 

(a) When the determination of the 

amount of the penalty becomes final 

(see §§ 905(d), 907(f), 909(a)(1), 910, 

911), the penalty is immediately due 

and payable to the U.S. Department of 

Labor on behalf of the special fund 

described in section 44 of the Act, 33 

U.S.C. 944. The respondent will 

promptly remit the final penalty 

imposed to the Secretary of Labor by 

either check or automated clearinghouse 

(ACH). 

(b) If such remittance is not received 

within 30 days after it becomes due and 

payable, it may be recovered in a civil 

action brought by the Secretary in any 

court of competent jurisdiction, in 

which litigation the Secretary will be 

represented by the Solicitor of Labor. 

Signed at Washington, DC, this 5th day of 

September 2023. 

Christopher Godfrey, 

Director, Office of Workers’ Compensation 

Programs. 

[FR Doc. 2023–19422 Filed 9–11–23; 8:45 am] 

BILLING CODE 4510–CR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 140 and 146 

46 CFR Parts 4 and 109 

[Docket No. USCG–2013–1057] 

RIN 1625–AB99 

Marine Casualty Reporting on the 

Outer Continental Shelf 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking; extension of 

comment period. 

SUMMARY: The Coast Guard is extending 

the comment period for the 

supplemental notice of proposed 

rulemaking, ‘‘Marine Casualty Reporting 

on the Outer Continental Shelf,’’ 

published June 14, 2023, that seeks 

comments on proposed changes to 

reporting criteria for certain casualties 

on the outer continental shelf (OCS) and 

a proposed increase to property damage 

dollar threshold that triggers a casualty 

report for fixed facilities on the OCS. 

We are extending the comment period 

an additional 60 days to allow the 

public more time to comment. The 


lotter on DSK11XQN23PROD with PROPOSALS1
62492 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Proposed Rules 

comment period is now open through 

November 13, 2023. 

DATES: The comment period for the 

supplemental notice of proposed 

rulemaking published June 14, 2023, (88 

FR 38765) is extended. Comments and 

related material must be received by the 

Coast Guard on or before November 13, 

2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2013–1057 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email LCDR Laura Fitzpatrick, Office of 

Investigations and Casualty Analysis 

(CG–INV), Coast Guard; telephone 202– 

372–1032, email Laura.M.Fitzpatrick@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

The Coast Guard views public 

participation as essential to effective 

rulemaking, and will consider all 

comments and material received during 

the comment period. Your comment can 

help shape the outcome of this 

rulemaking. If you submit a comment, 

please include the docket number for 

this rulemaking, indicate the specific 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at 

www.regulations.gov. If you cannot 

submit your material by using 

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

We accept anonymous comments. All 

comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see the Department of 

Homeland Security’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Background and Discussion 

The Coast Guard issued a 

supplemental notice of proposed 

rulemaking (SNPRM) entitled ‘‘Marine 

Casualty Reporting on the Outer 

Continental Shelf,’’ on June 14, 2023 (88 

FR 38765). In it we propose changing 

the reporting criteria for changing the 

reporting criteria for certain casualties 

that occur on foreign floating outer 

continental shelf (OCS) facilities (FOFs), 

mobile offshore drilling units (MODUs), 

and vessels engaged in OCS activities. 

In addition, the SNPRM proposes to 

raise the property damage dollar 

threshold that triggers a casualty report 

from $25,000 to $75,000 for fixed 

facilities on the OCS because the 

original regulation setting the property 

damage threshold amount was issued in 

the 1980s and has not since been 

updated. This SNPRM would update 

Coast Guard regulations to keep up with 

technology, improve awareness of 

accident trends on the OCS, improve 

safety on the OCS, and reduce the 

regulatory burden on operators of fixed 

OCS platforms. 

We set a 90-day comment period for 

the SNRPM and received several 

requests to extend the comment period. 

The requesters cited need for additional 

time to provide constructive responses 

to the SNRPM and a lack of awareness 

about the SNPRM among members of 

the affected industry as reasons for the 

requested extension. 

In response to this request, we 

decided to extend the public comment 

period by 60 days. The comment period 

is now open through November 13, 

2023. 

Dated: September 8, 2023. 

W.R. Arguin, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2023–19811 Filed 9–11–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0254; FRL–11283–01– 

OCSPP] 

RIN 2070–ZA16 

Pesticide Tolerances; Implementing 

Registration Review Decisions for 

Certain Pesticides (FY23Q4) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

implement several tolerance actions 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA) that the Agency 

determined were necessary or 

appropriate during the registration 

review conducted under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). During registration review, 

EPA reviews all aspects of a pesticide 

case, including existing tolerances, to 

ensure that the pesticide continues to 

meet the standard for registration under 

FIFRA. The tolerance actions and 

pesticide active ingredients addressed 

in this rulemaking are identified in Unit 

I.B. and discussed in detail in Unit III. 

of this document. 

DATES: Comments must be received on 

or before November 13, 2023. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0254, 

through the Federal eRulemaking Portal 

at: https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert Little, Pesticide Re-Evaluation 

Division (7508M), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 566–2234; email address: 

little.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What action is the Agency taking? 

EPA is proposing several tolerance 

actions that the Agency previously 

determined were necessary or 


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