[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Rules and Regulations]
[Pages 59568-59569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29101]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2204


Amendment of the Commission's Equal Access to Justice Rules

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Occupational Safety and Health Review 
Commission's procedural rules on eligibility under the equal Access to 
Justice Act by adding a paragraph requiring that the net worth and 
number of employees of an applicant shall be aggregated with those of 
its affiliates, unless to do so would be unfair and contrary to the 
purposes of the Equal Access to Justice Act. This amendment will 
minimize extra unnecessary collateral litigation and bring the 
Commission into conformity with the corresponding rule adopted by most 
other federal agencies. This document also changes the shortened 
reference to the Equal Access to Justice Act used in this Part to read, 
as it is commonly referred to, ``EAJA.''

DATES: Effective November 4, 1997.

FOR FURTHER INFORMATION CONTACT:
Earl R. Ohman, Jr., General Counsel, (202) 606-5410, Occupational 
Safety and Health Review Commission, 1120 20th Street, N.W., Ninth 
Floor, Washington, DC 20036-3419.

SUPPLEMENTARY INFORMATION: On August 11, 1997, the Commission published 
in

[[Page 59569]]

the Federal Register a proposed new paragraph (f) to add to 29 CFR 
2204.105 containing its Rules of Procedure concerning eligibility under 
the Equal Access to Justice Act, 62 FR 42957 (August 11, 1997). The new 
paragraph is based on the model rule of the (former) Administrative 
Conference of the United States, adopted in large part by most federal 
agencies, concerning aggregation of the net worth and number of 
employees of the applicant with those of its affiliates. At the same 
time, the Commission also proposed to change all references to the 
``EAJ Act'' in 29 CFR Part 2204 to read ``EAJA'' to conform to the 
common shortened reference term for the Equal Access to Justice Act. 
The only comments that the Commission received were from the Office of 
the Solicitor, U.S. Department of Labor, which supports the changes as 
proposed. The Commission thanks that office for its time and interest.

List of Subjects in 29 CFR Part 2204

    Claims, Equal access to justice, Lawyers.

    For the reasons set forth in the preamble, the Occupational Safety 
and Health Review Commission amends Title 29, Chapter XX, Part 2204 of 
the Code of Federal Regulations to read as follows:

PART 2204--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 
PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW 
COMMISSION

    1. The authority citation for Part 2204 continues to read as 
follows:

    Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 
U.S.C. 504(c)(1)); Pub. L. 99-80, 99 Stat. 183.

PART 2204--[AMENDED]

    2. All references in Part 2204 to ``EAJ Act'' are revised to read 
``EAJA'' wherever they appear.
    3. A new paragraph (f) is added to Sec. 2204.105 to read as 
follows:


Sec. 2204.105  Eligibility of applicants.

* * * * *
    (f) The net worth and number of employees of the applicant and all 
of its affiliates shall be aggregated to determine eligibility. Any 
individual, corporation, or other entity that directly or indirectly 
controls or owns a majority of the voting shares or other interest of 
the applicant, or any corporation or other entity of which the 
applicant directly or indirectly owns or controls a majority of the 
voting shares or other interest, will be considered an affiliate for 
purposes of this part, unless such treatment would be unjust and 
contrary to the purposes of the EAJA in light of the actual 
relationship between the affiliated entities. In addition, financial 
relationships of the applicant other than those described in this 
paragraph may constitute special circumstances that would make an award 
unjust.

    Dated: October 29, 1997.
Stuart E. Weisberg,
Chairman.
Daniel Guttman,
Commissioner.
[FR Doc. 97-29101 Filed 11-3-97; 8:45 am]
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