[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42827-42828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16661]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Resumption of In-Person Hearings

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: The Federal Mine Safety and Health Review Commission (the 
``Commission'') is resuming in-person hearings in the manner described 
below until December 31, 2021, or until such earlier date determined by 
the Commission's Office of the Chief Administrative Law Judge 
(``OCALJ'') and published in a notice appearing in the Federal Register 
and posted on the Commission's website (www.fmshrc.gov).

DATES: Applicable: September 1, 2021.

FOR FURTHER INFORMATION CONTACT: Sarah Stewart, Deputy General Counsel, 
Office of the General Counsel, Federal Mine Safety and Health Review 
Commission, at (202) 434-9935.

SUPPLEMENTARY INFORMATION: Commission Administrative Law Judges are 
committed to a high standard to protect the health and safety of all 
attorneys, representatives, parties, and witnesses who may appear 
before them, during the Coronavirus 2019 (COVID-19) pandemic, while 
continuing the agency's mission. On July 30, 2021, Commission Chief 
Administrative Law Judge Glynn F. Voisin issued an order, which is 
posted on the Commission's website (www.fmshrc.gov). The contents of 
the order are set forth in this notice.
    As of September 1, 2021, the Commission will resume the pre-
pandemic norm of in-person hearings, but for the duration of the Chief 
Judge's July 30 order, all hearings are subject to the following terms 
set forth in the order.
    Upon motion of a party or if necessary for safety, Commission 
Judges may, at their sole discretion, hold remote hearings or require 
specific procedures to provide for safety. Commission Judges shall 
exercise this discretion within uniform parameters as set forth herein. 
Each Judge shall determine (1) when to use remote hearings (e.g., via 
Zoom) in lieu of in-person hearings or (2) specific safety procedures 
to be used at an in-person hearing.
    In determining use of a remote hearing, Judges will consider safety 
factors on a case-by-case basis. Judges also have the discretion to 
hold a hybrid hearing, that includes both in-person and video hearing. 
Judges will ensure all parties appearing pro se who are required to 
participate in a remote hearing have access to necessary equipment.
    Prior to setting in-person hearings Judges will have a conference 
call with the attorneys and representatives of each of the parties, to 
discuss the considerations of the parties for the in-person hearing and 
to seek a commitment to all requirements ultimately set forth by the 
Judge. Judges may discuss the agency's travel guidelines, protocols, 
and safety measures but will not ask if participants are vaccinated. 
All fully vaccinated persons may attend the hearing in person. Persons 
who are not fully vaccinated, or who are not comfortable with travel or 
appearing in person, may make a request to attend the hearing 
virtually.
    The Judge will set a hearing location after considering the safety 
and health rules currently in place by the state and local public 
health entities. In choosing a courtroom, the Judge will take into 
consideration the rules and requirements of that courthouse or hearing 
facility, as well as all applicable federal, state, and local 
regulations and guidelines. If the hearing is to be a hybrid hearing, 
the Judge will also consider the availability of internet and video 
needs in the courtroom.
    During the prehearing conference, the Judge will inform the parties 
of the

[[Page 42828]]

state, local and courtroom requirements and seek a commitment to adhere 
to those requirements. The requirements apply to all attorneys, 
assistants, parties, and witnesses. The discussion will also address 
who may enter the courtroom, when, and what safety measures, such as 
masks and social distancing, must be implemented. No person may enter 
the courtroom, or the witness room without the permission of the Judge. 
The Judge may consider allowing persons who are not fully vaccinated to 
enter the courtroom, but they must wear masks and practice social 
distancing.
    All court reporters will be notified that they must be vaccinated.
    The Judge may consider all factors, in totality, in determining if 
a remote hearing will be held and who may be present for the hearing. 
No single factor is dispositive. These procedures shall be in place 
until December 31, 2021, unless extended or modified by order. The 
order shall be posted on the Commission's website (www.fmshrc.gov) and 
the contents of the order will be published in a notice appearing in 
the Federal Register.
    Authority: 30 U.S.C. 823; 29 CFR part 2700.

    Dated: July 30, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2021-16661 Filed 8-4-21; 8:45 am]
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