Federal Register / Vol. 63, No. 88/Thursday, May 7, 1998 / Proposed Rules 25187

The filing and service of any pleadings

under this rule may be made by

facsimile transmission. The filing of a

petition shall not stay the effect of the

Judge’s order unless the Commission so

directs; a motion for such a stay will be

granted only under extraordinary

circumstances. Any response shall be

filed within 5 days following service of

a petition. The Commission’s ruling on

a petition shall be made on the basis of

the petition and any response (any

further briefs will be entertained only at

the express direction of the

Commission), and shall be rendered

within 10 days following receipt of any

response or the expiration of the period

for filing such response. In

extraordinary circumstances, the

Commission’s time for decision may be

extended.

* * * * *

7. Section 2700.70 is amended by

revising paragraphs (a) and (d) to read

as follows:

§ 2700.70 Petitions for discretionary

review.

(a) Procedure. Any person adversely

affected or aggrieved by a Judge’s

decision or order may file with the

Commission a petition for discretionary

review within 30 days after issuance of

the decision or order. Filing of a petition

for discretionary review, including a

facsimile transmission, is effective upon

receipt. Two or more parties may join in

the same petition; the Commission may

consolidate related petitions.

Procedures governing petitions for

review of temporary reinstatement

orders are found at § 2700.45(f).

* * * * *

(d) Requirements. Each issue shall be

separately numbered and plainly and

concisely stated, and shall be supported

by detailed citations to the record, when

assignments of error are based on the

record, and by statutes, regulations, or

other principal authorities relied upon.

Except by permission of the

Commission and for good cause shown,

petitions for discretionary review shall

not exceed 35 pages. A motion

requesting an extension of the page limit

shall be filed not less than 10 days prior

to the date the petition for discretionary

review is due to be filed, shall state the

approximate length of the extension

required, and shall comply with

§ 2700.10. Except for good cause shown,

no assignment of error by any party

shall rely on any question of fact or law

upon which the Judge had not been

afforded an opportunity to pass.

* * * * *

8. Section 2700.75 is amended by

revising paragraphs (c) and (d), by

redesignating paragraph (f) as (g), and by

adding a new paragraph (f) to read as

follows:

§ 2700.75 Briefs.

* * * * *

(c) Length of brief. Except by

permission of the Commission and for

good cause shown, opening briefs shall

not exceed 35 pages, response briefs

shall not exceed 25 pages, and reply

briefs shall not exceed 15 pages. A brief

of an amicus curiae shall not exceed 25

pages. A brief of an intervenor shall not

exceed the page limitation applicable to

the party whose position it supports in

affirming or reversing the Judge, or if a

different position is taken, such brief

shall not exceed 25 pages. Tables of

contents or authorities shall not be

counted against the length of a brief.

(d) Motion for extension of time. A

motion for an extension of time to file

a brief shall comply with § 2700.9. The

Commission may decline to accept a

brief that is not timely filed.

* * * * *

(f) Motion for extension of page limit.

A motion requesting an extension of the

page limit for a brief shall be filed not

less than 10 days prior to the date the

brief is due to be filed, shall state the

approximate length of the extension

required, and shall comply with

§ 2700.10.

* * * * *

9. Section 2700.76 is amended by

revising paragraph (a) to read as follows:

§ 2700.76 Interlocutory review.

(a) Procedure. Interlocutory review by

the Commission shall not be a matter of

right but of the sound discretion of the

Commission. Procedures governing

petitions for review of temporary

reinstatement orders are found at

§ 2700.45(f).

* * * * *

Mary Lu Jordan,

Chairman, Federal Mine Safety and Health

Review Commission.

[FR Doc. 98–12157 Filed 5–6–98; 8:45 am]

BILLING CODE 6735–01–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 218, 250, and 256

RIN 1010–AC32

Postlease Operations Safety

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Extension of comment period

for proposed rule.

SUMMARY: This notice extends to July 17,

1998, the deadline for submitting

comments on the proposed rule on

Postlease Operations Safety.

DATES: We will consider all comments

received by July 17, 1998, and we may

not fully consider comments received

after July 17, 1998.

ADDRESSES: Mail or hand-carry written

comments (three copies) to the

Department of the Interior; Minerals

Management Service; 381 Elden Street;

Mail Stop 4024; Herndon, Virginia

20170–4817; Attention: Rules

Processing Team.

FOR FURTHER INFORMATION CONTACT:

Kumkum Ray, Engineering and

Operations Division, at (703) 787–1600.

SUPPLEMENTARY INFORMATION: MMS was

asked to extend the deadline for

submitting comments on the proposed

Postlease Operations Safety rule

published on February 13, 1998 (63 FR

7335) and the correction to the proposed

rule published on March 9, 1998 (63 FR

11385). The request explains that the

proposed rule has a number of

important changes that require careful

consideration for comprehensive

comments. Because the proposed rule

was rewritten in ‘‘plain English’’ and

sections, paragraphs, and sentences do

not have the same order and numbering

sequence as the current regulations in

30 CFR part 250, subpart A, additional

time was requested to sort out the

proposed rule for comparison.

Dated: May 1, 1998.

E. P. Danenberger,

Chief, Engineering and Operations Division.

[FR Doc. 98–12057 Filed 5–6–98; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–98–024]

RIN 2115–AE46

Special Local Regulations; Deerfield

Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to establish permanent special local

regulations for the Annual Deerfield

Beach Super Boat Grand Prix powerboat

race. This event will be held annually

offshore Deerfield Beach on the third

Sunday of July, between 12:30 p.m. and

4 p.m. Eastern Daylight Time (EDT).

These regulations are necessary to