Federal Register / Vol. 84, No. 216 / Thursday, November 7, 2019 / Rules and Regulations 59931 

2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C. 

500, 503, 551, 559; 103 Stat. 938. 

■ 6. Revise § 580.18(a) to read as 

follows: 

§ 580.18 Collection and recovery of 

penalty. 

(a) When the determination of the 

amount of any civil money penalty 

provided for in this part becomes final 

under § 580.5 in accordance with the 

administrative assessment thereof, or 

pursuant to the decision and order of an 

Administrative Law Judge in an 

administrative proceeding as provided 

in § 580.12, or the decision of the Board 

pursuant to § 580.16, the amount of the 

penalty as thus determined is 

immediately due and payable to the 

U.S. Department of Labor. The person 

assessed such penalty shall remit 

promptly the amount thereof, as finally 

determined, to the Secretary. Payment 

shall be made by certified check or 

money order made payable and 

delivered or mailed according to the 

instructions provided by the 

Department; through the electronic pay 

portal located at www.pay.gov or any 

successor system; or by any additional 

payment method deemed acceptable by 

the Department. 

* * * * * 

PART 801—APPLICATION OF THE 

EMPLOYEE POLYGRAPH 

PROTECTION ACT OF 1988 

■ 7. The authority citation for part 801 

continues to read as follows: 

Authority: Pub. L. 100–347, 102 Stat. 646, 

29 U.S.C. 2001–2009; 28 U.S.C. 2461 note 

(Federal Civil Penalties Inflation Adjustment 

Act of 1990); Pub. L. 114–74 at § 701, 129 

Stat 584. 

■ 8. Revise § 801.43 to read as follows: 

§ 801.43 Civil money penalties—payment 

and collection. 

Where the assessment is directed in a 

final order of the Department, the 

amount of the penalty is immediately 

due and payable to the United States 

Department of Labor. 

The person assessed such penalty 

shall remit promptly the amount 

thereof, as finally determined, to the 

Secretary. Payment shall be made by 

certified check or money order made 

payable and delivered or mailed 

according to the instructions provided 

by the Department; through the 

electronic pay portal located at 

www.pay.gov or any successor system; 

or by any additional payment method 

deemed acceptable by the Department. 

[FR Doc. 2019–23849 Filed 11–6–19; 8:45 am] 

BILLING CODE 4510–27–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: Final rule. 

SUMMARY: The Federal Mine Safety and 

Health Review Commission (‘‘the 

Commission’’) published interim rules 

on December 23, 2013, that permitted 

parties to file and serve documents 

electronically with the Commission, and 

permitted comments on the rules. The 

Commission is adopting those interim 

rules as final rules without making 

further changes. 

DATES: 

Effective date: This final rule is 

effective December 23, 2019. 

Comments due date: The Commission 

will accept written and electronic 

comments received on or before 

December 9, 2019. 

ADDRESSES: 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 Ave. NW, Suite 520N, 

Washington, DC 20004–1710. Electronic 

comments should state ‘‘Comments on 

Electronic Filing and Service Rules’’ in 

the subject line and be sent to 

RulesComments@fmshrc.gov. 

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: 

A. Background 

In 2013, the Commission published 

interim rules that permitted parties to 

file and serve documents electronically. 

78 FR 77354 (Dec. 23, 2013). The 

Commission stated that in 2014, it 

would begin using a new electronic case 

management system (‘‘e-CMS’’) in order 

to more efficiently manage its caseload. 

The Commission explained that 

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 Commission 

published changes to its procedural 

rules as interim rules in order to 

explicitly permit electronic filing and 

service. The Commission subsequently 

published a correction to one of the 

interim rules (79 FR 3104 (Jan. 17, 

2014)), and extended the comment 

period through July 31, 2014 (79 FR 

20098 (Apr. 11, 2014)). 

The Commission received three 

comments on the interim rules. Of 

those, the Commission received two 

comments from the Secretary of Labor 

through the U.S. Department of Labor’s 

Office of the Solicitor. First, the 

Secretary noted that interim rule 29 CFR 

2700.5(f)(1) provides that when filing is 

by electronic transmission, filing is 

effective upon ‘‘successful receipt by the 

Commission,’’ and requested 

clarification about what constitutes 

successful receipt by the Commission. 

Second, the Secretary commented that, 

as a practical matter, some documents 

may not be deliverable on the same day 

that a document is filed electronically, 

as required by interim rule 29 CFR 

2700.7(c)(1). 

During the past five years, the 

Commission has handled on a case-bycase basis any questions regarding what 

constitutes successful receipt in terms of 

electronic filing and the inability to 

effect service on the same day that a 

document was filed electronically. 

Given the infrequency with which such 

circumstances arise, the Commission 

has determined that it is appropriate to 

continue its current practice without 

making changes to the interim rules. 

However, the Commission has placed an 

example illustrating successful receipt 

in the electronic filing instructions on 

its website (www.fmshrc.gov). 

The third comment that the 

Commission received noted that there is 

no Commission procedural rule that 

specifically requires that all pleadings 

be signed, although interim rule 29 CFR 

2700.6 sets forth the manner in which 

pleadings should be signed and by 

whom. The commenter further 

questioned whom should sign a 

pleading in a discrimination proceeding 

brought by the Secretary on behalf of a 

miner pursuant to 30 U.S.C. 815(c)(2). 

The Commission has determined that 

such comments do not pertain to the 

electronic filing and service changes 

addressed by the interim rules. 

Accordingly, the Commission has 

determined that it need not change the 

interim rules to address this comment. 

However, the Commission is currently 

drafting a notice of proposed 

rulemaking regarding changes to its 

procedural rules that are not restricted 

to electronic filing and service. The 

Commission is considering the third 

comment in the context of that proposed 

rulemaking. 

59932 Federal Register / Vol. 84, No. 216 / Thursday, November 7, 2019 / Rules and Regulations 

B. Notice and Public Procedure 

1. Executive Orders 

The Commission is an independent 

regulatory agency under section 3(b) of 

Executive Order (‘‘E.O.’’) 12866 (Sept. 

30, 1993), 58 FR 51735 (Oct. 4, 1993); 

E.O. 13563 (Jan. 18, 2011), 76 FR 3821 

(Jan. 21, 2011); E.O. 13771 (Jan. 30, 

2017), 82 FR 9339 (Feb. 3, 2017); E.O. 

13777 (Feb. 24, 2017), 82 FR 12285 

(Mar. 1, 2017); and E.O. 13132 (Aug. 4, 

1999), 64 FR 43255 (Aug. 10, 1999). 

The Commission has determined that 

this rulemaking does not have ‘‘takings 

implications’’ under E.O. 12630 (Mar. 

15, 1988), 53 FR 8859 (Mar. 18, 1988). 

The Commission has determined that 

these regulations meet all applicable 

standards set forth in E.O. 12988 (Feb. 

5, 1996), 61 FR 4729 (Feb. 7, 1996). 

2. Statutory Requirements 

Although notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act (‘‘APA’’) 

do not apply to rules of agency 

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

Commission invites members of the 

interested public to submit comments 

on this final rule. The Commission will 

accept public comment until December 

9, 2019. 

The Commission has determined that 

this rulemaking is exempt from the 

requirements of the Regulatory 

Flexibility Act (‘‘RFA’’) (5 U.S.C. 601 et 

seq.), because the proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. 

The Commission has determined that 

this rule is not a ‘‘major rule’’ under the 

Small Business Regulatory Enforcement 

Fairness Act (‘‘SBREFA’’) (5 U.S.C. 

804(2)). 

The Commission has determined that 

the Paperwork Reduction Act (‘‘PRA’’) 

(44 U.S.C. 3501 et seq.) does not apply 

because these rules do not contain any 

information collection requirements that 

require the approval of the OMB. 

The Commission has determined that 

the Congressional Review Act (‘‘CRA’’) 

(5 U.S.C. 801 et seq.) does not apply 

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

these rules are rules of agency 

procedure or practice that do not 

substantially affect the rights or 

obligations of non-agency parties. 

The Commission has determined that 

this rulemaking is not a major Federal 

action significantly affecting the quality 

of the human environment requiring an 

environmental assessment under the 

National Environmental Policy Act 

(‘‘NEPA’’) (42 U.S.C. 4321 et seq.). 

The Commission is an independent 

regulatory agency, and as such, is not 

subject to the requirements of the 

Unfunded Mandates Reform Act 

(‘‘UMRA’’) (2 U.S.C. 1532 et seq.). 

List of Subjects in 29 CFR Part 2700 

Administrative practice and 

procedure, Mine safety and health, 

Penalties, Whistleblowing. 

PART 2700—PROCEDURAL RULES 

■ Accordingly, the interim rule 

amending 29 CFR part 2700, which was 

published at 78 FR 77354 on December 

23, 2013, and corrected at 79 FR 3104 

on January 17, 2014, is adopted as final 

without change. 

Dated: November 1, 2019. 

Marco M. Rajkovich, Jr., 

Chairman, Federal Mine Safety and Health 

Review Commission. 

[FR Doc. 2019–24251 Filed 11–6–19; 8:45 am] 

BILLING CODE 6735–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2019–0357; FRL–10000–96] 

Dinotefuran; Pesticide Tolerance for 

Emergency Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

dinotefuran in or on fuzzy kiwifruit. 

This action is in response to EPA’s 

granting of an emergency exemption 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on fuzzy 

kiwifruit. This regulation establishes a 

maximum permissible level for residues 

of dinotefuran in or on this commodity. 

The time-limited tolerance expires on 

December 31, 2022. 

DATES: This regulation is effective 

November 7, 2019. Objections and 

requests for hearings must be received 

on or before January 6, 2020 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2019–0357, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Publishing 

Office’s e-CFR site at https://

www.ecfr.gov/cgi-bin/text-idx?&

c=ecfr&tpl=/ecfrbrowse/Title40/40tab_

02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to https://

www.epa.gov/aboutepa/about-officechemical-safety-and-pollutionprevention-ocspp. 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure