Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 28223 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

29 CFR Part 2700 

Simplified Proceedings 

AGENCY: Federal Mine Safety and Health 

Review Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Mine Safety and 

Health Review Commission (the 

‘‘Commission’’) is an independent 

adjudicatory agency that provides trials 

and appellate review of cases arising 

under the Federal Mine Safety and 

Health Act of 1977 (the ‘‘Mine Act’’). 

Trials are held before the Commission’s 

Administrative Law Judges and 

appellate review is provided by a fivemember Review Commission appointed 

by the President and confirmed by the 

Senate. The Commission is proposing a 

rule to simplify the procedures for 

handling certain civil penalty 

proceedings. 

DATES: Written and electronic comments 

must be submitted on or before June 21, 

2010. 

ADDRESSES: Written comments should 

be mailed to Michael A. McCord, 

General Counsel, Office of the General 

Counsel, Federal Mine Safety and 

Health Review Commission, 601 New 

Jersey Avenue, NW., Suite 9500, 

Washington, DC 20001, or sent via 

facsimile to 202–434–9944. Persons 

mailing written comments shall provide 

an original and three copies of their 

comments. Electronic comments should 

state ‘‘Comments on Simplified 

Proceedings’’ in the subject line and be 

sent to mmccord@fmshrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael A. McCord, General Counsel, 

Office of the General Counsel, 601 New 

Jersey Avenue, NW., Suite 9500, 

Washington, DC 20001; telephone 202– 

434–9935; fax 202–434–9944. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 105(a) and (d) of the Mine 

Act, 30 U.S.C. 815(a) and (d), set forth 

dual filing procedures, which are 

reflected in subparts B and C of the 

Commission’s Procedural Rules, 29 CFR 

part 2700. Under the dual filing 

procedures, a party may contest a 

citation or order before the Secretary has 

proposed a civil penalty for the alleged 

violation described in the citation or 

order. The procedures for this type of 

proceeding, referred to by the 

Commission as a ‘‘contest proceeding,’’ 

are found in subpart B. In addition, a 

party may contest a civil penalty after a 

proposed penalty assessment has been 

issued. The procedures for this type of 

proceeding, referred to by the 

Commission as a ‘‘civil penalty 

proceeding,’’ are found in subpart C. 

Since 2006, the number of new cases 

filed with the Commission has 

dramatically increased. From 2000 

through 2005, an average of 

approximately 2300 cases were filed 

with the Commission per year. In 2006 

and 2007, between approximately 3000 

and 4000 new cases were filed each 

year, while in 2008 and 2009, 

approximately 9200 cases were filed 

each year. 

In order to deal with its burgeoning 

caseload, the Commission is considering 

various ways to streamline its 

processing of cases. One approach the 

Commission has explored is to simplify 

and streamline the procedures for 

handling certain civil penalty 

proceedings. The Commission 

anticipates that such simplified 

proceedings will likely reduce the 

amount of time between the docketing 

and disposition of a case. The 

Commission also anticipates that 

simplified proceedings will result in the 

expenditure of less time and resources 

by the parties who practice before the 

Commission. 

The major differences between the 

simplified procedures set forth in the 

proposed rules (‘‘Simplified 

Proceedings’’) and conventional 

procedures are that answers to petitions 

for assessment of penalty would not be 

not required; motions would be 

eliminated to the greatest extent 

practicable; early discussions among the 

parties and the Commission 

Administrative Law Judge (‘‘Judge’’) 

would be required to narrow and define 

the disputes between parties; parties 

would be required to disclose certain 

materials early in the proceedings; 

discovery would not be permitted 

except as ordered by the Judge; 

interlocutory appeals would not be 

permitted; and post-hearing briefs 

would not be allowed, except as ordered 

by the Judge. Although the 

administrative process would be 

streamlined, hearings would remain full 

due process hearings as they are under 

conventional procedures. 

Eligibility 

The Commission is proposing various 

characteristics to describe which cases 

might be eligible for Simplified 

Proceedings. Under the proposed rule, 

cases designated for Simplified 

Proceedings by the Chief Judge or the 

Judge’s designee would not involve 

complex issues of law or fact and would 

generally include one or more of the 

following characteristics: (1) Limited 

number of citations; (2) an aggregate 

proposed penalty of not more than 

$15,000 per docket and not more than 

$50,000 per proceeding; (3) no citation 

or order issued under sections 104(b), 

104(d), 104(e), 105(c), 107(a), 110(b), 

110(c), or 111 of the Mine Act; (4) not 

involving a fatality; or (5) a hearing that 

is expected to take not more than one 

day. 

The Commission encountered a 

practical problem in attempting to 

describe a dollar limit for cases eligible 

for Simplified Proceedings. In 

considering which cases are appropriate 

for Simplified Proceedings, it would be 

useful for the Commission to consider, 

at an early stage, all of the contested 

civil penalties that might be at issue in 

a single hearing. However, the 

Commission does not currently have 

access to information that would allow 

it to group contested civil penalties in 

such a fashion. 

Under its current practice, the 

Department of Labor’s Mine Safety and 

Health Administration (‘‘MSHA’’) 

assesses a proposed civil penalty for 

each violation alleged in a citation after 

the citation has been terminated or 30 

days after the citation was issued, 

whichever is sooner. Each mine is on a 

30-day billing cycle. On the 30th day in 

the billing cycle, all violations that are 

ready to be assessed are included on a 

proposed penalty assessment form that 

is sent to the operator. Thus, a proposed 

penalty assessment form may include 

proposed penalties from more than one 

inspection, and proposed penalties from 

one inspection may be included on 

more than one proposed penalty 

assessment form. 

The operator must indicate which 

penalties it wishes to contest on the 

proposed assessment form and return 

the form to MSHA within 30 days of 

receipt. The Secretary then files a 

petition for assessment of civil penalty 

with the Commission and attaches a 

copy of the proposed assessment form to 

the petition. The petition for assessment 

of civil penalty, with attached proposed 

penalty assessment, is typically the first 

document filed in a civil penalty 

proceeding. 

The Commission plans to review each 

petition and proposed penalty 

assessment in its consideration of 

whether a case is appropriate for 

Simplified Proceedings. Under MSHA’s 

current practice for grouping citations 

and proposed penalties in a proposed 

penalty assessment based upon a 30-day 

billing cycle, the Commission may not 

have a complete view of all of the 

contested penalties that may be relevant 

in a particular hearing. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
28224 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 

The Commission requests suggestions 

regarding criteria that might be used to 

better group proposed penalties and the 

underlying citations and orders on a 

proposed penalty assessment form. In 

addition, the Commission seeks 

suggestions regarding an appropriate 

dollar demarcation for cases eligible for 

Simplified Proceedings, such as 

whether there should be a dollar limit 

per citation and/or a limit on the 

number of penalties that may be at issue 

in a case, and the amount that should 

constitute the dollar limit. 

Designation of Case for Simplified 

Proceedings 

The Commission proposes that a civil 

penalty proceeding would be designated 

for Simplified Proceedings by the Chief 

Judge or the Judge’s designee. After a 

case has been designated for Simplified 

Proceedings under the proposed rule, 

the Commission would issue a notice of 

designation to the parties, which would 

also provide certain information, such 

as contact information for the Judge 

assigned to the case, including the 

Judge’s e-mail address. In addition, 

parties would be required to file a notice 

of appearance providing specific contact 

information for the counsel or 

representative acting on behalf of the 

party, if that information has not already 

been provided. The operator would not 

be required to file an answer to the 

petition for assessment of civil penalty. 

Even if a case has not been designated 

for Simplified Proceedings by the Chief 

Judge or the Judge’s designee, under the 

proposed rule, any party would have the 

opportunity to request that a case be 

designated. The Commission proposes 

that the request would need to be in 

writing and state whether the request is 

opposed. The request should also 

address the characteristics specified in 

the rule that make the case appropriate 

for designation. If a request for 

designation is granted, under the 

proposed rule, the parties would be 

required to file and serve notices of 

appearance providing specific contact 

information unless such contact 

information had already been provided. 

Under the proposed rule, if a party 

requests Simplified Proceedings, the 

deadline for filing an answer to a 

petition for assessment of penalty would 

be suspended. If a request is denied, the 

time for filing an answer would begin to 

run upon issuance of the Judge’s order 

denying the request. 

Discontinuance of Simplified 

Proceedings 

Under the proposed rules, if it 

becomes apparent at any time that a 

case is not appropriate for Simplified 

Proceedings, the assigned Judge could 

discontinue Simplified Proceedings 

upon the Judge’s own motion or upon 

the motion of any party. A party would 

have the opportunity to move to 

discontinue the Simplified Proceedings 

at any time during the proceedings but 

no later than 30 days before the 

scheduled hearing. The moving party 

would be required to confer with the 

other parties and state in the motion if 

any other party opposes or does not 

oppose the motion. Parties opposing the 

motion would have eight business days 

after service of the motion to file an 

opposition. The Commission has 

proposed that if Simplified Proceedings 

were discontinued, the Judge would 

issue such orders as are necessary for an 

orderly continuation under 

conventional rules. 

Pre-Hearing Exchange of Information 

Under Simplified Proceedings, the 

Commission proposes that discovery 

would not be permitted except as 

ordered by the Judge. Rather than 

requiring the disclosure of documents 

and materials through discovery, the 

Commission has proposed a more 

expeditious means for disclosure 

through the mandatory exchange of 

documents and materials and through a 

pre-hearing conference. More 

specifically, the Commission proposes 

that within 30 calendar days after a case 

has been designated for Simplified 

Proceedings, each party would provide 

to all other parties copies of all 

documents, electronically stored 

information and tangible things that the 

disclosing party has and would use to 

support its claims or defenses. Materials 

required to be disclosed under the 

proposed rule would include, but would 

not be limited to, inspection notes, 

citation documentation, narratives, 

photos, diagrams, preshift and onshift 

reports, training documents, mine maps 

and witness statements (subject to the 

provisions of 29 CFR 2700.61). Under 

the proposed rule, as early as 

practicable after the parties received 

these materials, the Judge would order 

and conduct a pre-hearing conference. 

At the pre-hearing conference, the 

parties would discuss the following: 

settlement of the case; the narrowing of 

issues; an agreed statement of issues and 

facts; defenses; witnesses and exhibits; 

motions; and any other pertinent matter. 

At the conclusion of the conference, the 

Judge would issue an order setting forth 

any agreements reached by the parties 

and would specify in the order the 

issues to be addressed by the parties at 

the hearing. 

Hearing 

The Commission has proposed that as 

soon as practicable after the conclusion 

of the pre-hearing conference, the Judge 

would hold a hearing on any issue that 

remained in dispute. The hearing would 

be a full due process hearing. Each party 

would present oral argument at the 

close of the hearing, and post-hearing 

briefs would not be permitted except by 

order of the Judge. The Judge would 

issue a written decision that constitutes 

the final disposition of the proceedings 

within 60 calendar days after the 

hearing. If the Judge announced a 

decision orally from the bench, it would 

be reduced to writing within 60 

calendar days after the hearing. 

Miscellaneous 

The Commission has proposed 

conforming changes to Rule 5(c). The 

proposed changes to Rule 5(c) conform 

the contact information required in all 

proceedings with the contact 

information that would be required 

under Simplified Proceedings. 

Notice and Public Procedure 

Although notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act (‘‘APA’’) 

do not apply to rules of agency 

procedure (see 5 U.S.C. 553(b)(3)(A)), 

the Commission invites members of the 

interested public to submit comments 

on these proposed rules in order to 

assist the Commission in its 

deliberations regarding the adoption of 

final rules. The Commission will accept 

public comments until June 21, 2010. 

The Commission is an independent 

regulatory agency and, as such, is not 

subject to the requirements of E.O. 

12866, E.O. 13132, or the Unfunded 

Mandates Reform Act, 2 U.S.C. 1501 et 

seq. 

The Commission has determined 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) that this rule would 

not have a significant economic impact 

on a substantial number of small 

entities. Therefore, a Regulatory 

Flexibility Statement and Analysis has 

not been prepared. 

The Commission has determined that 

the Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) does not apply because this 

rule does not contain any information 

collection requirements that require the 

approval of the OMB. 

The Commission has determined that 

the Congressional Review Act, 5 U.S.C. 

801, is not applicable here because, 

pursuant to 5 U.S.C. 804(3)(C), this rule 

‘‘does not substantially affect the rights 

or obligations of non-agency parties.’’ 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 28225 

List of Subjects in 29 CFR Part 2700 

Administrative practice and 

procedure, Mine safety and health, 

Penalties, Whistleblowing. 

For the reasons stated in the 

preamble, the Federal Mine Safety and 

Health Review Commission proposes to 

amend 29 CFR part 2700 as follows: 

PART 2700—PROCEDURAL RULES 

1. The authority citation for part 2700 

continues to read as follows: 

Authority: 30 U.S.C. 815, 820, 823, and 

876. 

2. Section 2700.5 is amended by 

revising paragraph (c) to read as follows: 

§ 2700.5 General requirements for 

pleadings and other documents; status or 

informational requests. 

* * * * * 

(c) Necessary information. All 

documents shall be legible and shall 

clearly identify on the cover page the 

filing party by name. All documents 

shall be dated and shall include the 

assigned docket number, page numbers, 

and the filing person’s address, business 

telephone number, cell telephone 

number if available, fax number if 

available, and e-mail address if 

available. Written notice of any change 

in contact information shall be given 

promptly to the Commission or the 

Judge and all other parties. 

3. A new subpart J is added to read 

as follows: 

Subpart J—Simplified Proceedings 

Sec. 

2700.100 Purpose. 

2700.101 Eligibility for Simplified 

Proceedings. 

2700.102 Commission Commencement of 

Simplified Proceedings. 

2700.103 Party Request for Simplified 

Proceedings. 

2700.104 Discontinuance of Simplified 

Proceedings. 

2700.105 Disclosure of Information by the 

Parties. 

2700.106 Pre-hearing conference. 

2700.107 Discovery. 

2700.108 Hearing. 

2700.110 Application. 

Subpart J—Simplified Proceedings 

§ 2700.100 Purpose. 

(a) The purpose of this Simplified 

Proceedings subpart is to provide 

simplified procedures for resolving civil 

penalty contests under the Federal Mine 

Safety and Health Act of 1977, so that 

parties before the Commission may 

reduce the time and expense of 

litigation while being assured due 

process and a hearing that meets the 

requirements of the Administrative 

Procedure Act, 5 U.S.C. 554. These 

procedural rules will be applied to 

accomplish this purpose. 

(b) Procedures under this subpart are 

simplified in a number of ways. The 

major differences between these 

procedures and those that would 

otherwise apply in subparts A, C, G, H, 

and I of the Commission’s rules of 

procedures are as follows. 

(1) Answers to petitions for 

assessment of penalty are not required. 

(2) Motions are eliminated to the 

greatest extent practicable. 

(3) Early discussions among the 

parties and the Administrative Law 

Judge are required to narrow and define 

the disputes between the parties. 

(4) The parties are required to provide 

certain materials early in the 

proceedings. 

(5) Discovery is not permitted except 

as ordered by the Administrative Law 

Judge. 

(6) Interlocutory appeals are not 

permitted. 

(7) The administrative process is 

streamlined, but hearings will be full 

due process hearings. The parties will 

argue their case orally before the Judge 

at the conclusion of the hearing instead 

of filing briefs. In many instances, the 

Judge will render a decision from the 

bench. 

§ 2700.101 Eligibility for Simplified 

Proceedings. 

Cases designated for Simplified 

Proceedings will not involve complex 

issues of law or fact and will generally 

include one or more of the following 

characteristics: 

(a) Limited number of citations to be 

determined by the Chief Judge. 

(b) An aggregate proposed penalty of 

not more than $15,000 per docket and 

not more than $50,000 per proceeding, 

(c) No citation or order issued under 

sections 104(b), 104(d), 104(e), 105(c), 

107(a), 110(b), 110(c), or 111 of the Mine 

Act, 

(d) Not involving a fatality, or 

(e) A hearing that is expected to take 

not more than one day. 

§ 2700.102 Commission Commencement 

of Simplified Proceedings. 

(a) Designation. Upon receipt of a 

petition for assessment of penalty, the 

Chief Administrative Law Judge, or 

designee, has the authority to designate 

an appropriate case for Simplified 

Proceedings. 

(b) Notice of designation. After a case 

has been designated for Simplified 

Proceedings, the Commission will issue 

a Notice of Designation for Simplified 

Proceedings. The Notice will inform 

parties that the case has been designated 

for Simplified Proceedings, state the 

name and contact information for the 

Commission Administrative Law Judge 

assigned to the case, provide 

instructions for filing a notice of 

appearance in the Simplified 

Proceedings, and state that the operator 

need not file an answer to the petition 

for assessment of penalty. The 

Commission will send the notice of 

designation to the parties’ addresses 

listed on the petition for assessment of 

penalty. 

(c) Notice of appearance. Unless the 

contact information described in this 

paragraph has already been provided to 

the Judge, within 15 calendar days after 

receiving a notice of designation, the 

parties shall file notices of appearance 

with the assigned Judge. Each notice of 

appearance shall provide the following 

information for the counsel or 

representative acting on behalf of the 

party: name, address, business 

telephone number, cell telephone 

number if available, fax number if 

available, and e-mail address if 

available. Notices of appearance shall be 

served on all parties in accordance with 

the provisions of § 2700.7. 

(d) Time for filing an answer under 

Subpart C. If a case has been designated 

for Simplified Proceedings, the deadline 

for filing an answer under § 2700.29 is 

suspended. 

§ 2700.103 Party Request for Simplified 

Proceedings. 

(a) Party request. Any party may 

request that a case be designated for 

Simplified Proceedings. The request 

must be in writing and should address 

the characteristics specified in 

§ 2700.101. The request must be filed 

with the Commission in accordance 

with the provisions of § 2700.5 and 

served on all parties in accordance with 

the provisions of § 2700.7. The 

requesting party shall confer or make 

reasonable efforts to confer with the 

other parties and shall state in the 

request if any other party opposes or 

does not oppose the request. Parties 

opposing the request shall have eight 

business days after service of the motion 

to file an opposition. 

(b) Judge’s ruling on request. The 

Chief Administrative Law Judge or the 

Judge assigned to the case may grant a 

party’s request and designate a case for 

Simplified Proceedings at the Judge’s 

discretion. 

(c) Notice of appearance. Unless the 

contact information described in this 

paragraph has already been provided to 

the Judge, within 15 calendar days after 

receiving an order granting a request for 

Simplified Proceedings, the parties shall 

file notices of appearance with the 

Judge. Each notice of appearance shall 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
28226 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 

provide the following information for 

the counsel or representative acting on 

behalf of the party: name, address, 

business telephone number, cell 

telephone number if available, fax 

number if available, and e-mail address 

if available. Notices of appearance shall 

be served on all parties in accordance 

with the provisions of § 2700.7. 

(d) Time for filing an answer under 

Subpart C. If a party has requested 

Simplified Proceedings, the deadline for 

filing an answer under § 2700.29 is 

suspended. If a request for Simplified 

Proceedings is denied, the period for 

filing an answer will begin to run upon 

issuance of the Judge’s order denying 

Simplified Proceedings. 

§ 2700.104 Discontinuance of Simplified 

Proceedings. 

(a) Procedure. If it becomes apparent 

at any time that a case is not appropriate 

for Simplified Proceedings, the Judge 

assigned to the case may, upon motion 

by any party or upon the Judge’s own 

motion, discontinue Simplified 

Proceedings and order the case to 

continue under conventional rules. 

(b) Party motion. At any time during 

the proceedings but no later than 30 

days before the scheduled hearing, any 

party may move that Simplified 

Proceedings be discontinued and that 

the matter continue under conventional 

procedures. A motion to discontinue 

must explain why the case is 

inappropriate for Simplified 

Proceedings. The moving party shall 

confer or make reasonable efforts to 

confer with the other parties and shall 

state in the motion if any other party 

opposes or does not oppose the motion. 

Parties opposing the motion shall have 

eight business days after service of the 

motion to file an opposition. 

(c) Ruling. If Simplified Proceedings 

are discontinued, the Judge may issue 

such orders as are necessary for an 

orderly continuation under 

conventional rules. 

§ 2700.105 Disclosure of Information by 

the Parties. 

Within 30 calendar days after a case 

has been designated for Simplified 

Proceedings, each party shall provide to 

all other parties copies of all documents, 

electronically stored information and 

tangible things that the disclosing party 

has in its possession, custody, or control 

and may use to support its claims or 

defenses. Any material or object that 

cannot be copied, or the copying of 

which would be unduly burdensome, 

shall be described and its location 

specified. Materials required to be 

disclosed include, but are not limited to, 

inspection notes, citation 

documentation, narratives, photos, 

diagrams, preshift and onshift reports, 

training documents, mine maps, witness 

statements (subject to the provisions of 

29 CFR 2700.61), and written opinions 

of expert witnesses, if any. If any items 

are withheld from disclosure on 

grounds of privilege, the disclosing 

party shall provide a log describing each 

item and stating the reason(s) why it 

was not produced. 

§ 2700.106 Pre-hearing conference. 

(a) When held. As early as practicable 

after the parties have received the 

materials set forth in § 2700.105, the 

presiding Judge will order and conduct 

a pre-hearing conference. At the 

discretion of the Judge, the pre-hearing 

conference may be held in person, by 

telephone, or electronic means. 

(b) Content. At the pre-hearing 

conference, the parties will discuss the 

following: settlement of the case; the 

narrowing of issues; an agreed statement 

of issues and facts; defenses; witnesses 

and exhibits; motions; and any other 

pertinent matter. Within a time 

determined by the Judge during the prehearing conference, the parties must 

provide each other with documents or 

materials intended for submission as 

exhibits at the hearing that have not 

already been provided in accordance 

with the provisions of § 2700.105. At the 

conclusion of the conference, the Judge 

will issue an order setting forth any 

agreements reached by the parties and 

will specify in the order the issues to be 

addressed by the parties at hearing. 

§ 2700.107 Discovery. 

Discovery will only be allowed under 

the conditions and time limits set by the 

Judge. 

§ 2700.108 Hearing. 

(a) Procedures. As soon as practicable 

after the conclusion of the pre-hearing 

conference, the Judge will hold a 

hearing on any issue that remains in 

dispute. The hearing will be in 

accordance with subpart G of these 

rules, except for §§ 2700.56, 2700.57, 

2700.58, 2700.59, 2700.65, and 2700.67, 

which will not apply. 

(b) Agreements. At the beginning of 

the hearing, the Judge will enter into the 

record all agreements reached by the 

parties as well as defenses raised during 

the pre-hearing conference. The parties 

and the Judge then will attempt to 

resolve or narrow the remaining issues. 

The Judge will enter into the record any 

further agreements reached by the 

parties. 

(c) Evidence. The Judge will receive 

oral, physical, or documentary evidence 

that is relevant, and not unduly 

repetitious or cumulative. Testimony 

will be given under oath or affirmation. 

The parties are reminded that the 

Federal Rules of Evidence do not apply 

in Commission proceedings. Any 

evidence not disclosed as required by 

sections 2700.105 and 2700.106(b), 

including the testimony of witnesses not 

identified pursuant to section 

2700.106(b), shall be inadmissible at the 

hearing, except where extraordinary 

circumstances are established by the 

party seeking to offer such evidence. 

(d) Court reporter. A court reporter 

will be present at the hearing. An 

official verbatim transcript of the 

hearing will be prepared and filed with 

the Judge. 

(e) Oral and written argument. Each 

party may present oral argument at the 

close of the hearing. Post-hearing briefs 

will not be allowed except by order of 

the Judge. 

(f) Judge’s decision. The Judge shall 

make a decision that constitutes the 

final disposition of the proceedings 

within 60 calendar days after the 

hearing. The decision shall be in writing 

and shall include all findings of fact and 

conclusions of law; the reasons or bases 

for them on all the material issues of 

fact, law, or discretion presented by the 

record; and an order. If a decision is 

announced orally from the bench, it 

shall be reduced to writing within 60 

calendar days after the hearing. An 

order by a Judge approving a settlement 

proposal is a decision of the Judge. 

§ 2700.109 Review of Judge’s decision. 

After the issuance of the Judge’s 

written decision, any party may petition 

the Commission for review of the 

Judge’s written decision as provided for 

in subpart H. 

§ 2700.110 Application. 

The rules in this subpart will govern 

proceedings before a Judge in a case 

designated for Simplified Proceedings 

under §§ 2700.102 and 2700.103. The 

provisions of subparts A and I apply to 

Simplified Proceedings when consistent 

with these rules in subpart J. The 

provisions of subpart C apply to 

Simplified Proceedings except for 

§ 2700.29, which does not apply. The 

provisions of subpart G apply to 

Simplified Proceedings except for 

§§ 2700.56, 2700.57, 2700.58, 2700.59, 

2700.65, and 2700.67, which do not 

apply. The provisions of subpart H 

apply to Simplified Proceedings except 

for § 2700.76, which does not apply. 

The provisions of subparts B, D, E and 

F do not apply to Simplified 

Proceedings. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 28227 

Dated: May 11, 2010. 

Mary Lu Jordan, 

Chairman, Federal Mine Safety and Health 

Review Commission. 

[FR Doc. 2010–11739 Filed 5–19–10; 8:45 am] 

BILLING CODE 6735–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 63 

[EPA–HQ–OAR–2010–0239; FRL–9143–5] 

RIN 2060–AP48 

National Emission Standards for 

Hazardous Air Pollutants: Gold Mine 

Ore Processing and Production Area 

Source Category and Addition to 

Source Category List for Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On April 28, 2010, EPA 

published a proposed rule for mercury 

emissions from the gold mine ore 

processing and production area source 

category. We are announcing an 

extension of the public comment period 

to June 28, 2010. 

DATES: Submit comments on or before 

June 28, 2010. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA EPA–HQ–OAR–2010–0239, by one 

of the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of two copies. EPA requests a 

separate copy also be sent to the contact 

person identified below (see FOR

FURTHER INFORMATION CONTACT). In 

addition, please mail a copy of your 

comments on the information collection 

provisions to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, Attn: Desk 

Officer for EPA, 725 17th St. NW., 

Washington, DC 20503. 

• Hand Delivery: Air and Radiation 

Docket and Information Center, U.S. 

EPA, Room B102, 1301 Constitution 

Avenue, NW., Washington, DC. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

0239. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hardcopy at 

the Air and Radiation Docket EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Avenue., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air and Radiation Docket is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Chuck French, Metals and Minerals 

Group, Sectors Policies and Programs 

Division (D243–02), U.S. EPA, Research 

Triangle Park, North Carolina 27711; 

telephone number (919) 541–7912; 

facsimile number (919) 541–3207; 

electronic mail address 

french.chuck@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document extends the public comment 

period established in the Federal 

Register issued on April 28, 2010, when 

EPA published the proposed rule (75 FR 

22470). Several parties requested that 

EPA extend the comment period. EPA 

has granted this request and is 

extending the comment period to June 

28, 2010. To submit comments, or 

access the official public docket, please 

follow the detailed instructions as 

provided in the SUPPLEMENTARY

INFORMATION section of the April 28, 

2010 (75 FR 22470) Federal Register 

document. If you have questions, 

consult the person listed under FOR

FURTHER INFORMATION CONTACT. 

List of Subjects in 40 CFR Parts 9 and 

63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporations by reference, 

Reporting and recordkeeping 

requirements. 

Dated: May 14, 2010. 

Gina McCarthy, 

Assistant Administrator. 

[FR Doc. 2010–12099 Filed 5–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA-HQ-OAR-2003-0064, FRL-9151-3] 

RIN 2060-AP80 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

Correction 

Proposed Rule document 2010–11578 

was inadvertently published in the 

Rules and Regulations section of the 

issue of May 14, 2010, beginning on 

page 27191. It should have appeared in 

the Proposed Rules section. 

[FR Doc. C1–2010–11578 Filed 5–19–10; 8:45 am] 

BILLING CODE 1505–01–D 


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