77354 Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Rules and Regulations 

Administration’’ to ‘‘Enforcement and 

Compliance.’’ The revision more 

accurately reflects the breadth of the 

agency’s activities with respect to the 

enforcement of, and compliance with, 

U.S. trade laws and agreements. 

Consistent with the consolidation and 

name change, this rule makes certain 

changes in part 358 of title 19 of the 

Code of Federal Regulations. 

Specifically, this rule changes all 

references to ‘‘Import Administration’’ 

wherever they appear in part 358 of title 

19, to ‘‘Enforcement and Compliance.’’ 

This rule shall constitute notice that 

all references to Import Administration 

in any documents, statements, or other 

communications, in any form or media, 

and whether made before, on, or after 

the effective date of this rule, shall be 

deemed to be references to Enforcement 

and Compliance. Any actions 

undertaken in the name of or on behalf 

of Import Administration, whether 

taken before, on, or after the effective 

date of this rule, shall be deemed to 

have been taken in the name of or on 

behalf of Enforcement and Compliance. 

Rulemaking Requirements 

1. This final rule has been determined 

to be exempt from review for purposes 

of Executive Order 12866. 

2. This rule does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the provisions of the 

Paperwork Reduction Act of 1995. 

3. This rule does not contain policies 

with Federalism implications as this 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this rule 

involves a rule of agency organization, 

procedure, or practice. 5 U.S.C. 

553(b)(B). Further, no other law requires 

that a notice of proposed rulemaking 

and an opportunity for public comment 

be given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

5 U.S.C. or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) are not applicable. Accordingly, 

this rule is issued in final form. 

List of Subjects in 19 CFR Part 358 

PART 358—SUPPLIES FOR USE IN 

EMERGENCY RELIEF WORK 

■ 1. The authority citation for part 358 

continues to read as follows: 

Authority: 19 U.S.C. 1318(A). 

■ 2. In 19 CFR part 358, revise all 

references to ‘‘Import Administration’’ 

to read ‘‘Enforcement and Compliance.’’ 

Dated: December 13, 2013. 

Ken Hyatt, 

Acting Under Secretary for International 

Trade. 

[FR Doc. 2013–30570 Filed 12–20–13; 8:45 am] 

BILLING CODE P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

29 CFR Part 2700 

Procedural Rules To Permit Parties To 

File and Serve Documents 

Electronically 

AGENCY: Federal Mine Safety and Health 

Review Commission 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Federal Mine Safety and 

Health Review Commission is amending 

its procedural rules to permit parties to 

file and serve documents electronically. 

The Commission is permitting 

electronic filing through an electronic 

case management system that the 

Commission will implement in 2014. 

The electronic case management system 

will allow the Commission to manage 

its caseload more efficiently. 

DATES: This interim rule will take effect 

on January 22, 2014. The Commission 

will accept written and electronic 

comments received on or before April 

22, 2014. 

ADDRESSES: Electronic comments 

should state ‘‘Comments on Electronic 

Rule Changes’’ in the subject line and be 

emailed to mmccord@fmshrc.gov. 

Written comments should be mailed to 

Michael A. McCord, General Counsel, 

Office of the General Counsel, Federal 

Mine Safety and Health Review 

Commission, 1331 Pennsylvania 

Avenue NW., Suite 520N, Washington, 

DC 20004–1710, or sent via facsimile to 

202–434–9944. 

FOR FURTHER INFORMATION CONTACT: 

Michael A. McCord, General Counsel, 

Office of the General Counsel, Federal 

Mine Safety and Health Review 

Commission, at (202) 434–9935 or 

mmccord@fmshrc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In 2014, the Commission will begin 

using a new electronic case management 

system (e-CMS) in order to more 

efficiently manage its caseload. The eCMS has two main functions. It will 

manage files electronically for the 

Commission and allow parties to file 

documents electronically with the 

Commission. Although parties may file 

documents electronically through the 

system, parties may also continue to file 

documents non-electronically as they 

have in the past. The e-CMS simply 

provides parties with an electronic 

option for filing in addition to the 

methods they currently use. 

The Commission’s e-CMS permits 

parties to file documents electronically 

through a portal which may be accessed 

on the Commission’s Web site 

(www.fmshrc.gov). In order to use the 

system, parties will have to register to 

become a user by following instructions 

provided on the Commission’s Web site. 

As part of the registration process, the 

party must enter an email address into 

the system. The Commission’s e-CMS 

will not serve documents on parties 

electronically. If parties wish to serve 

other parties with documents 

electronically, they must email the 

documents to the intended recipients. 

The Commission is changing a few of 

its procedural rules through these 

interim rules to explicitly permit 

electronic filing and service. The intent 

of the rule changes is to promote 

efficiency, flexibility, and simplicity. 

The Commission invites comments on 

the rule changes, particularly after 

parties have experience using the eCMS. The Commission intends to 

publish final rules approximately six to 

nine months after the interim rules 

become effective. The time for 

publishing final rules will be adjusted 

as necessary to address any issues. 

B. Section-by-Section Analysis 

Set forth below is a summary of the 

changes made in these interim rules. 

Some conforming changes and minor 

editorial modifications are not 

discussed. 

Section 2700.5 General Requirements 

for Pleadings and Other Documents; 

Status or Informational Requests 

Rule 5 has been revised to add a new 

paragraph (b), which describes how a 

party may file a document. For clarity, 

paragraph (b) specifically lists the 

various methods of filing. The rule 

provides in part that filing may be 

accomplished ‘‘in person, by U.S Postal 

Service, by third-party commercial 


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carrier, by facsimile transmission, or by 

electronic transmission.’’ Paragraph (b) 

also explains that the instructions for 

electronic filing are provided on the 

Commission’s Web site 

(www.fmshrc.gov). 

Newly designated paragraph (f) of 

Rule 5 describes the effective dates for 

the specified methods of filing. The 

effective dates for filing set forth in 

Interim Rule 5 are largely unchanged 

from prior effective dates for filing. 

Prior to Interim Rule 5, when filing 

was by personal delivery or facsimile, 

filing was ‘‘effective upon successful 

receipt by the Commission.’’ 29 CFR 

§ 2700.5(e)(2). When filing was by mail, 

filing was ‘‘effective upon mailing, 

except that the filing of a motion for 

extension of time, any document in an 

emergency response plan dispute 

proceeding, a petition for review of a 

temporary reinstatement order, a motion 

for summary decision, a petition for 

discretionary review, [and] a motion to 

exceed page limit [was] effective upon 

receipt.’’ Id. (citations omitted). 

Under interim Rule 5(f)(2), filing by 

U.S. Postal Service is effective upon 

mailing except for the same exceptions 

noted above that have applied for the 

filing of a motion for extension of time, 

any document in an emergency 

response plan dispute proceeding, a 

petition for review of a temporary 

reinstatement order, a motion for 

summary decision, a petition for 

discretionary review, and a motion to 

exceed page limit. The filing of such 

documents is effective only upon 

receipt. When filing is in person, by 

third-party commercial carrier, or by 

facsimile, filing is effective upon 

successful receipt by the Commission. 

Interim Rule 5(f) newly provides, 

however, that when filing is by 

electronic transmission, filing is 

effective upon successful receipt by the 

Commission. When a document has 

been electronically filed with the 

Commission through the Commission’s 

e-CMS, and the document has been 

successfully received by the 

Commission, an employee in the 

Commission’s Docket Office will send 

an email to the filer indicating that the 

document has been successfully 

received. It is possible that a document 

which has been filed with the 

Commission’s e-CMS will not be 

accepted as ‘‘successfully received.’’ For 

instance, an electronically filed 

document may not be ‘‘successfully 

received’’ if the filer erred in entering 

the docket number or failed to upload 

the document that was intended to be 

filed. When a document has not been 

‘‘successfully received,’’ an employee in 

the Commission’s Docket Office will 

send an email informing the filer that 

the document was not successfully 

received and describe the error that 

prevented successful receipt. The 

meaning of ‘‘successful receipt’’ for 

documents electronically filed through 

e-CMS will be described on the 

Commission’s Web site. 

Interim Rule 5(g) changes the number 

of copies of documents required to be 

filed with the Commission. Previously 

the Commission’s rules generally 

provided that in cases before a Judge, 

parties were required to file the original 

document, along with one copy for each 

docket, while in cases before the 

Commission, parties were required to 

file the original and six copies. See 29 

CFR § 2700.5(f). Under interim Rule 

5(g), parties are required to file only the 

original document, unless otherwise 

ordered, regardless of whether the case 

is before a Judge or the Commission, 

and regardless of the method used for 

filing the document. In other words, 

only the original document should be 

filed whether the document is filed with 

a Judge or the Commission and whether 

the document is filed in person, by U.S. 

Postal Service, by third-party 

commercial carrier, by facsimile, or by 

electronic transmission. 

Interim Rule 5(j) clarifies that 

information concerning filing 

requirements, the status of cases, or 

docket information may be accessed 

through the Commission’s Web site 

(www.fmshrc.gov). 

Section 2700.6 Signing of Documents 

Rule 6 has been revised to add a new 

paragraph (a). New paragraph (a) 

describes what constitutes a signature 

for documents filed electronically and 

non-electronically. For documents not 

filed by electronic transmission, a party 

or representative of the party must sign 

a document by handwriting his or her 

signature. For documents filed by 

electronic transmission, a party may 

sign a document by including the 

notation ‘‘/s/’’ followed by the 

typewritten name of the party or 

representative, or by including a 

graphical duplicate of his or her 

signature. The meaning of a signature 

that complies with interim Rule 6(a) 

remains unchanged from that previously 

set forth in Rule 6 prior to these interim 

rules. That is, when a party or a 

representative signs a document in the 

manner described in new paragraph (a), 

the signature shall constitute his or her 

certificate that he is authorized and 

qualified to represent the party and that 

he or she has read the document; that 

the document is well grounded in fact 

and warranted, and that it is not 

interposed for any improper purpose. 

Section 2700.7 Service 

Rule 7 was amended by revising 

paragraph (c). Interim Rule 7(c)(1) 

describes the methods by which a 

document may be served on another 

party. As with filing, those methods 

include in person, by U.S. Postal 

Service, by third-party commercial 

carrier, by facsimile transmission and by 

electronic transmission. Because the 

Commission’s e-CMS will not serve 

documents on other parties 

electronically, if a party wishes to serve 

a document electronically, the 

document must be served by email. 

Interim Rule 7(c)(1) also provides that 

for documents filed pursuant to 

§§ 2700.9(a), 2700.24, 2700.45, 

2700.70(f), 2700.75(f) and subpart F 

(applications for temporary relief), the 

method of service used must be no less 

expeditious than that used for filing, 

except that if service by email is 

impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile transmission, 

resulting in same-day delivery. For 

instance, if a party electronically files a 

motion for an extension of time 

pursuant to § 2700.9(a) but cannot serve 

the motion by email, the filing party 

must choose one of the other methods 

of service that results in same-day 

delivery. Rule (7)(c)(1) was also revised 

to remove the page limit for documents 

served by facsimile. 

Interim Rule 7(c)(2) sets forth the 

effective dates for service. The effective 

dates for service are largely unchanged. 

Prior to the interim rules, Rule 7(c)(2) 

provided that when service is by 

personal delivery or facsimile, ‘‘service 

is effective upon successful receipt by 

the party intended to be served,’’ and 

that when service is by mail, service is 

effective upon mailing. Similarly, 

Interim Rule 7(c)(2) specifies that when 

service is by U.S. Postal service, service 

is effective upon mailing, and that when 

service is in person, by third-party 

commercial carrier, or by facsimile, 

service is effective upon successful 

receipt of the party intended to be 

served. Interim Rule 7(c)(2) adds a new 

provision that when service is by email, 

service is effective upon successful 

receipt by the party intended to be 

served. 

The provisions of paragraph (d) 

relating to service upon a representative 

set forth in former Rule 7 were moved 

and inserted in paragraph (a) of Interim 

Rule 7. Those provisions remain 

otherwise unchanged. 

The requirements for proof of service 

are set forth in Interim Rule 7(d). 

Interim Rule 7(d) provides that all 

pleadings and other filed documents 


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77356 Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Rules and Regulations 

shall be accompanied by a certification 

setting forth the date, method of service, 

and all contact information used. The 

requirements that the statement of proof 

must be a certification and that the 

contact information used to serve the 

document must be included in the 

certification are new. 

Section 2700.8 Computation of Time 

Rule 8 was revised by adding a new 

paragraph (d). Since documents can be 

filed electronically with the 

Commission after the Commission’s 

offices are closed, the Commission 

revised Rule 8 to specify the time for 

filing a document, which varies 

depending upon the method used for 

filing the document. Interim Rule 8(d) 

specifies that the due date for electronic 

filing and for filing by facsimile ends at 

midnight Washington, DC local time. 

For filing by other means, the due date 

ends at 5:00 p.m. Washington, DC local 

time. 

The Commission has not specified a 

time zone for service. The Commission 

may include a time zone for service in 

future rulemaking after it has gained 

experience with any issues relating to 

electronic filing and service. 

Section 2700.9 Extensions of Time 

Paragraph (a) of Rule 9 was revised to 

provide that a motion for an extension 

of time and any statement in opposition 

shall include proof of service on all 

parties by a means of delivery no less 

expeditious than that used for filing the 

motion, except that if service by email 

is impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile, resulting in 

same-day delivery. 

Similar changes have been made to 

§§ 2700.24(d), 2700.45(a), 2700.45(f), 

2700.46(d), 2700.70(f), and 2700.75(f), 

and will not be discussed separately. 

Section 2700.31 Penalty Settlement 

Paragraph (d)(1) of Rule 31 has been 

revised in part to state that filing is 

effective upon successful receipt by the 

Commission of a motion to approve 

settlement and proposed order that is 

filed electronically. Prior to Interim 

Rule 31, section 2700.31(d)(1) had 

provided that filing was effective upon 

the date of the electronic transmission 

of the motion and proposed order. See 

29 CFR 2700.31(d)(1). The Commission 

changed Interim Rule 31(d)(1) in this 

manner to make it consistent with other 

interim rule changes. Other conforming 

changes have been made to Rule 31. 

C. Notice and Public Procedure 

Because this amendment deals with 

agency management and procedures, the 

notice and comment provisions of the 

Administrative Procedure Act do not 

apply pursuant to 5 U.S.C. 553(a)(2) and 

(b)(3)(A). 

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 that 

this rulemaking is exempt from the 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

because a general notice of proposed 

rulemaking is not required under 

5 U.S.C. 553(b). 

This rule does not contain a new or 

amended information collection 

requirement subject to the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

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.’’ 

List of Subjects in 29 CFR Part 2700 

Administrative practice and 

procedure, Mine safety and health, 

Penalties, Whistleblowing. 

Accordingly, Chapter XXVII of Title 

29 of the Code of Federal Regulations is 

amended 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 2700.3 is amended by 

revising paragraph (c) to read as follows: 

§ 2700.3 Who may practice. 

* * * * * 

(c) Entry of appearance. A 

representative of a party shall enter an 

appearance in a proceeding under the 

Act or these procedural rules by signing 

the first document filed on behalf of the 

party with the Commission or Judge in 

accordance with § 2700.6; filing a 

written entry of appearance with the 

Commission or Judge; or, if the 

Commission or Judge permits, by orally 

entering an appearance in open hearing. 

* * * * * 

■ 3. Section 2700.5 is revised to read as 

follows: 

§ 2700.5 General requirements for 

pleadings and other documents; status or 

informational requests. 

(a) Jurisdiction. A proposal for a 

penalty under section 110, 30 U.S.C. 

820(c); an answer to a notice of contest 

of a citation or withdrawal order issued 

under section 104, 30 U.S.C. 814; an 

answer to a notice of contest of an order 

issued under section 107, 30 U.S.C. 817; 

a complaint issued under section 105(c) 

or 111, 30 U.S.C. 815(c) and 821; and an 

application for temporary reinstatement 

under section 105(c)(2), 30 U.S.C. 

815(c)(2), shall allege that the violation 

or imminent danger took place in or 

involves a mine that has products which 

enter commerce or has operations or 

products that affect commerce. 

Jurisdictional facts that are alleged are 

deemed admitted unless specifically 

denied in a responsive pleading. 

(b) How to file. Unless otherwise 

provided for in the Act, these rules, or 

by order, filing may be accomplished in 

person, by U.S. Postal Service, by thirdparty commercial carrier, by facsimile 

transmission, or by electronic 

transmission. Instructions for electronic 

filing may be accessed on the 

Commission’s Web site (http://

www.fmshrc.gov). 

(c) Where to file. Unless otherwise 

provided for in the Act, these rules, or 

by order: 

(1) Filing by electronic transmission. 

A document may be filed by electronic 

transmission with the Commission and 

its Judges. Instructions for electronic 

filing may be accessed on the 

Commission’s Web site (http://

www.fmshrc.gov). 

(2) Filing in person, by U.S. Postal 

Service, by third-party commercial 

carrier, or by facsimile transmission—(i) 

Before a Judge has been assigned. Before 

a Judge has been assigned to a case, all 

documents shall be filed with the 

Commission. Documents filed with the 

Commission shall be addressed to the 

Executive Director and mailed or 

delivered to the Docket Office, Federal 

Mine Safety and Health Review 

Commission, 1331 Pennsylvania 

Avenue NW., Suite 520N, Washington, 

DC 20004–1710; facsimile delivery shall 

be transmitted to (202) 434–9954. 

(ii) After a Judge has been assigned. 

After a Judge has been assigned, and 

before a decision has been issued, 

documents shall be filed with the Judge 

at the address set forth on the notice of 

the assignment. 

(iii) Interlocutory review. Documents 

filed in connection with interlocutory 

review shall be filed with the 

Commission in accordance with 

§ 2700.76. 

(iv) After a Judge has issued a final 

decision. After the Judge has issued a 

final decision, documents shall be filed 

with the Commission as described in 

paragraph (c)(2)(i) of this section. 

(d) Necessary information. All 

documents shall be legible and shall 


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Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Rules and Regulations 77357 

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 email 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. 

(e) Privacy considerations. Persons 

submitting information to the 

Commission shall protect information 

that tends to identify certain individuals 

or tends to constitute an unwarranted 

intrusion of personal privacy in the 

following manner: 

(1) All but the last four digits of social 

security numbers, financial account 

numbers, driver’s license numbers, or 

other personal identifying numbers, 

shall be redacted or excluded; 

(2) Minor children shall be identified 

only by initials; 

(3) If dates of birth must be included, 

only the year shall be used; 

(4) Parties shall exercise caution when 

filing medical records, medical 

treatment records, medical diagnosis 

records, employment history, and 

individual financial information, and 

shall redact or exclude certain materials 

unnecessary to a disposition of the case. 

(f) Effective date of filing. Unless 

otherwise provided for in the Act, these 

rules, or by order: 

(1) Filing by electronic transmission. 

When filing is by electronic 

transmission, filing is effective upon 

successful receipt by the Commission. 

The electronic transmission shall be in 

the manner specified by the 

Commission’s Web site (http://

www.fmshrc.gov). 

(2) Filing in person, by U.S. Postal 

Service, by third-party commercial 

carrier, or by facsimile transmission. 

When filing is by U.S. Postal Service, 

filing is effective upon mailing, except 

that the filing of a motion for extension 

of time, any document in an emergency 

response plan dispute proceeding, a 

petition for review of a temporary 

reinstatement order, a motion for 

summary decision, a petition for 

discretionary review, and a motion to 

exceed page limit is effective only upon 

receipt. See §§ 2700.9(a), 2700.24(d), 

2700.45(f), 2700.67(a), 2700.70(a), (f), 

and 2700.75(f). When filing is in person, 

by third-party commercial carrier, or by 

facsimile, filing is effective upon 

successful receipt by the Commission. 

(g) Number of copies. Unless 

otherwise ordered or stated in this part, 

only the original of a document shall be 

filed. 

(h) Form of pleadings. All documents, 

including those filed electronically, 

shall appear in at least 12-point type on 

paper 81⁄2 by 11 inches in size, with 

margins of at least 1 inch on all four 

sides. Text and footnotes shall appear in 

the same size type. Text shall be double 

spaced. Headings and footnotes may be 

single spaced. Quotations of 50 words or 

more may be single spaced and 

indented left and right. Excessive 

footnotes are prohibited. The failure to 

comply with the requirements of this 

paragraph or the use of compacted or 

otherwise compressed printing features 

may be grounds for rejection of a 

pleading. 

(i) Citation to a decision of a Judge. 

Each citation to a decision of a Judge 

should include ‘‘(ALJ)’’ at the end of the 

citation. 

(j) Status or informational requests. 

Information concerning filing 

requirements, the status of cases, or 

docket information may be accessed 

through the Commission’s Web site 

(http://www.fmshrc.gov). In the event 

such information is unavailable through 

the Commission’s Web site or the 

requesting party does not have access to 

the Web site, such status or 

informational requests must be directed 

to the Docket Office of the Federal Mine 

Safety and Health Review Commission, 

1331 Pennsylvania Avenue NW., Suite 

520N, Washington, DC 20004–1710. 

■ 4. Section 2700.6 is revised to read as 

follows: 

§ 2700.6 Signing of documents. 

(a) Signature—(1) Documents not filed 

by electronic transmission. A party or 

representative of the party shall sign a 

document by handwriting his signature. 

(2) Documents filed by electronic 

transmission. 

(i) A party or representative of the 

party may sign a document by including 

the notation ‘‘/s/’’ followed by the 

typewritten name of the party or 

representative of the party filing the 

document. 

(ii) A party or representative of the 

party may sign a document by including 

a graphical duplicate of his handwritten 

signature. 

(b) Meaning of Signature. A document 

or signature may not be denied legal 

effect or enforceability solely because it 

is in electronic form. When a party or 

representative of the party signs a 

document in the manner described in 

paragraph (a) of this section, that 

person’s signature shall constitute his 

certificate: 

(1) That under the provisions of the 

law, including these rules and all 

federal conflict of interest statutes, he is 

authorized and qualified to represent 

the particular party in the matter; and 

(2) That he has read the document; 

that to the best of his knowledge, 

information, and belief formed after 

reasonable inquiry it is well grounded 

in fact and is warranted by existing law 

or a good faith argument for extension, 

modification, or reversal of existing law; 

and that it is not interposed for any 

improper purpose, such as to harass or 

to cause unnecessary delay or needless 

increase in the cost of litigation. 

■ 5. Section 2700.7 is revised to read as 

follows: 

§ 2700.7 Service. 

(a) Generally. A copy of each 

document filed with the Commission 

shall be served on all parties. Whenever 

a party is represented by an attorney or 

other authorized representative who has 

entered an appearance on behalf of such 

party pursuant to § 2700.3, service 

thereafter shall be made upon the 

attorney or other authorized 

representative. In addition, a copy of a 

notice of contest of a citation or order, 

a petition for assessment of penalty, a 

discrimination complaint, a complaint 

for compensation, and an application 

for temporary relief shall be served 

upon the representative of miners, if 

known. 

(b) Posting. A copy of an order, 

citation, notice, or decision required 

under section 109 of the Act, 30 U.S.C. 

819, to be posted on a mine bulletin 

board shall, upon receipt, be 

immediately posted on such bulletin 

board by the operator. 

(c) Manner of service. Unless 

otherwise provided for in the Act, these 

rules, or by order: 

(1) Methods of service. Documents 

may be served in person, by U.S. Postal 

Service, by third-party commercial 

carrier, by facsimile transmission, or by 

electronic transmission (email). For 

documents filed pursuant to 

§§ 2700.9(a), 2700.24, 2700.45, 

2700.70(f), 2700.75(f), and subpart F 

(applications for temporary relief), the 

method of service used must be no less 

expeditious than that used for filing, 

except that if service by electronic 

transmission (email) is impossible, the 

filing party must serve in person, by 

third party commercial carrier, or 

facsimile transmission, resulting in 

same-day delivery. 

(2) Effective date of service. When 

service is by U.S. Postal service, service 

is effective upon mailing. When service 

is in person, by third-party commercial 

carrier, by facsimile transmission, or by 

electronic transmission (email), service 

is effective upon successful receipt by 

the party intended to be served. 


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77358 Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Rules and Regulations 

(d) Proof of service. All pleadings and 

other filed documents shall be 

accompanied by a certification setting 

forth the date, method of service, and all 

contact information used. 

■ 6. Section 2700.8 is revised to read as 

follows: 

§ 2700.8 Computation of time. 

Unless otherwise provided for in the 

Act, these rules, or by order, the due 

date for a pleading or other deadline for 

party or Commission action (hereinafter 

‘‘due date’’) is determined sequentially 

as follows: 

(a) Except to the extent otherwise 

provided herein (see, e.g., §§ 2700.24 

and 2700.45), when the period of time 

prescribed for action is less than 11 

days, Saturdays, Sundays, and federal 

holidays shall be excluded in 

determining the due date. 

(b) When a party serves a pleading by 

a method of delivery resulting in other 

than same-day service, the due date for 

party action in response is extended 5 

additional calendar days beyond the 

date otherwise prescribed, after 

consideration of paragraph (a) of this 

section where applicable. 

(c) The day from which the 

designated period begins to run shall 

not be included in determining the due 

date. The last day of the prescribed 

period for action, after consideration of 

paragraphs (a) and (b) of this section 

where applicable, shall be included and 

be the due date, unless it is a Saturday, 

Sunday, federal holiday, or other day on 

which the Commission’s offices are not 

open or the Commission is open but 

unable to accept filings, in which event 

the due date shall be the next day which 

is not one of the aforementioned days. 

(d) The time of filing with the 

Commission shall be determined using 

Washington, DC, local time. For filing 

by electronic means and by facsimile 

transmission, the due date ends at 

midnight Washington, DC, local time. 

For filing by other means, the due date 

ends at 5:00 p.m. Washington, DC, local 

time. 

Example 1: A motion is filed with the 

Commission on Monday, July 1, 2013. 

Under § 2700.10(d), other parties in the 

proceeding have 8 days in which to 

respond to the motion. Because the 

response period is less than 11 days, 

intervening weekends and holidays, 

such as Thursday, July 4, 2013, are 

excluded in determining the due date. A 

response is thus due by Friday, July 12, 

2013. In addition, those parties not 

served with the motion on the day it 

was filed have 5 additional calendar 

days in which to respond, or until 

Wednesday, July 17, 2013. 

Example 2: A Commission Judge 

issues his final decision in a case on 

Friday, July 5, 2013. Under § 2700.70(a), 

parties have until August 4, 2013, to file 

with the Commission a petition for 

discretionary review of the Judge’s 

decision. Even though the decision was 

mailed, 5 additional calendar days are 

not added, because paragraph (b) of this 

section only applies to actions in 

response to parties’ pleadings. However, 

because August 4, 2013, is a Sunday, the 

actual due date for the petition is 

Monday, August 5, 2013. 

Example 3: Pursuant to § 2700.24(a), 

the Secretary of Labor files a referral of 

a citation arising out of a dispute over 

the content of an operator’s emergency 

response plan. Certain subsequent 

deadlines in such cases are specifically 

established by reference to calendar 

days, and thus paragraph (a) of this 

section would not necessarily apply in 

determining due dates. For instance, if 

the referral was filed on Thursday, July 

11, 2013, the short and plain statement 

the operator must file in response 

within 5 calendar days would be due 

Tuesday, July 16, 2013, because the 

intervening weekend days would not be 

excluded in determining the due date. If 

the fifth calendar day were to fall on a 

weekend, holiday, or other day on 

which the Commission is not open 

however, the terms of paragraph (c) 

would apply and the due date would be 

the next day the Commission is open. 

■ 7. Section 2700.9 is amended by 

revising paragraph (a) to read as follows: 

§ 2700.9 Extensions of time. 

(a) The time for filing or serving any 

document may be extended for good 

cause shown. Filing of a motion 

requesting an extension of time is 

effective upon receipt. A motion 

requesting an extension of time shall be 

received no later than 3 days prior to the 

expiration of the time allowed for the 

filing or serving of the document, and 

shall comply with § 2700.10. The 

motion and any statement in opposition 

shall include proof of service on all 

parties by a means of delivery no less 

expeditious than that used for filing the 

motion, except that if service by 

electronic transmission (email) is 

impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile transmission, 

resulting in same-day delivery. 

* * * * * 

■ 8. Section 2700.24 is amended by 

revising paragraph (d) to read as 

follows: 

§ 2700.24 Emergency response plan 

dispute proceedings. 

* * * * * 

(d) Filing and service of pleadings. 

The filing with the Commission of any 

document in an emergency response 

plan dispute proceeding, including the 

referral, is effective upon receipt. A 

copy of each document filed with the 

Commission in such a proceeding shall 

be served on all parties and on any 

miner or miners’ representative who has 

participated in the emergency response 

plan review process by a method of 

service no less expeditious than that 

used for filing, except that if service by 

electronic transmission (email) is 

impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile transmission, 

resulting in same-day delivery. 

* * * * * 

■ 9. Section 2700.31 is amended by 

revising paragraph (d) to read as 

follows: 

§ 2700.31 Penalty settlement. 

* * * * * 

(d) Filing and service of motion 

accompanied by proposed order—(1) 

Electronic filing. A motion and 

proposed order shall be filed 

electronically according to the 

requirements set forth in this rule and 

instructions on the Commission’s Web 

site (http://www.fmshrc.gov). Filing is 

effective upon successful receipt by the 

Commission. 

(i) Signatures. Any signature line set 

forth within a motion to approve 

settlement submitted electronically 

shall include the notation ‘‘/s/’’ 

followed by the typewritten name of the 

party or representative of the party filing 

the document, or by the graphical 

duplicate of the handwritten signature 

of the party or representative of the 

party filing the document. Such 

representation of the signature shall be 

deemed to be the original signature of 

the representative for all purposes 

unless the party representative shows 

that such representation of the signature 

was unauthorized. See 29 CFR 2700.6. 

(ii) Status of documents. A motion 

and proposed order filed electronically 

constitute written documents for the 

purpose of applying the Commission’s 

procedural rules (29 CFR part 2700), 

and such rules apply unless an 

exception to those rules is specifically 

set forth in this rule. 

(2) Filing by non-electronic means. A 

party may file a motion to approve 

settlement and an accompanying 

proposed order by non-electronic means 

only with the permission of the Judge. 

(3) Service. A settlement motion and 

proposed order shall be served on all 

parties or, if parties are represented, 

upon their representatives, by the most 


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Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Rules and Regulations 77359 

expeditious method possible and at 

least five business days before the 

motion and proposed order are filed 

with the Commission. If a party cannot 

be served by email, facsimile 

transmission, or commercial delivery, a 

copy of the motion and proposed order 

may be served by mail. A certificate of 

service shall accompany the motion and 

proposed order setting forth the date, 

method of service, and all contact 

information used. 

* * * * * 

■ 10. Section 2700.45 is amended by 

revising paragraphs (a), (b), and (f) to 

read as follows: 

§ 2700.45 Temporary reinstatement 

proceedings. 

(a) Service of pleadings. A copy of 

each document filed with the 

Commission in a temporary 

reinstatement proceeding shall be 

served on all parties by a method of 

service as expeditious as that used for 

filing, except that if service by 

electronic transmission (email) is 

impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile transmission, 

resulting in same-day delivery. 

(b) Contents of application. An 

application for temporary reinstatement 

shall state the Secretary’s finding that 

the miner’s discrimination complaint 

was not frivolously brought and shall be 

accompanied by an affidavit setting 

forth the Secretary’s reasons supporting 

his finding. The application also shall 

include a copy of the miner’s complaint 

to the Secretary, and proof of notice to 

and service on the person against whom 

relief is sought by the most expeditious 

method of notice and delivery 

reasonably available. 

* * * * * 

(f) Review of order. Review by the 

Commission of a Judge’s written order 

granting or denying an application for 

temporary reinstatement may be sought 

by filing with the Commission a 

petition, which shall be captioned 

‘‘Petition for Review of Temporary 

Reinstatement Order,’’ with supporting 

arguments, within 5 business days 

following receipt of the Judge’s written 

order. The filing of any such petition is 

effective upon receipt. 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 business days following 

service of a petition. Pleadings under 

this rule shall include proof of service 

on all parties by a means of delivery no 

less expeditious than that used for 

filing, except that if service by 

electronic transmission (email) is 

impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile transmission, 

resulting in same-day delivery. 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 calendar 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. 

* * * * * 

■ 11. Section 2700.46 is amended by 

adding a new paragraph (d) to read as 

follows: 

§ 2700.46 Procedure. 

* * * * * 

(d) Service of pleadings. A copy of 

each document filed with the 

Commission under subpart F of this part 

must be served on all parties by a means 

of delivery no less expeditious than that 

used for filing, except that if service by 

electronic transmission (email) is 

impossible, the filing party must serve 

in person, by third party commercial 

carrier, or by facsimile transmission, 

resulting in same-day delivery. 

■ 12. Section 2700.70 is amended by 

revising paragraph (f) to read as follows: 

§ 2700.70 Petitions for discretionary 

review. 

* * * * * 

(f) Motion for leave to exceed page 

limit. A motion requesting leave to 

exceed the page limit shall be received 

not less than 3 days prior to the date the 

petition for discretionary review is due 

to be filed, shall state the total number 

of pages proposed, and shall comply 

with § 2700.10. Filing of a motion 

requesting an extension of page limit is 

effective upon receipt. The motion and 

any statement in opposition shall 

include proof of service on all parties by 

a means of delivery no less expeditious 

than that used for filing the motion, 

except that if service by electronic 

transmission (email) is impossible, the 

filing party must serve in person, by 

third party commercial carrier, or by 

facsimile transmission, resulting in 

same-day delivery. 

* * * * * 

■ 13. Section 2700.75 is amended by 

revising paragraph (f) to read as follows: 

§ 2700.75 Briefs. 

* * * * * 

(f) Motion for leave to exceed page 

limit. A motion requesting leave to 

exceed the page limit for a brief shall be 

received not less than 3 days prior to the 

date the brief is due to be filed, shall 

state the total number of pages 

proposed, and shall comply with 

§ 2700.10. Filing of a motion requesting 

an extension of page limit is effective 

upon receipt. The motion and any 

statement in opposition shall include 

proof of service on all parties by a 

means of delivery no less expeditious 

than that used for filing the motion, 

except that if service by electronic 

transmission (email) is impossible, the 

filing party must serve in person, by 

third party commercial carrier, or by 

facsimile transmission, resulting in 

same-day delivery. 

* * * * * 

Dated: December 9, 2013. 

Mary Lu Jordan, 

Chairman, Federal Mine Safety and Health 

Review Commission. 

[FR Doc. 2013–29842 Filed 12–20–13; 8:45 am] 

BILLING CODE 6735–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0980] 

RIN 1625–AA00 

Eighth Coast Guard District Annual 

Safety Zones; New Year’s Eve 

Celebration/City of Mobile; Mobile 

Channel; Mobile, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will enforce 

the City of Mobile New Year’s Eve 

Celebration safety zone in the Mobile 

Channel, Mobile, AL from 11:30 p.m. 

December 31, 2013 until 12:30 a.m. 

January 1, 2014. This safety zone has 

been implemented in past years but the 

fireworks display will move to a new 

location in the Mobile Channel 

beginning with the December 31, 2013 

display. This safety zone is necessary 

for the safeguard of participants and 

spectators, including all crews, vessels, 

and persons on navigable waters during 

the City of Mobile New Year’s Eve 

Celebration fireworks display. During 

the enforcement period, entry into, 

transiting or anchoring in the Safety 

Zone is prohibited to all vessels not 

registered with the sponsor as 

participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port Mobile or a 

designated representative. 


tkelley on DSK3SPTVN1PROD with RULES