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Final Rule with 683 Filing and Service 1772 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations DEPARTMENT OF LABOR containing rules of practice and Appellate Boards, at 202–693–6319 or procedure for the Board and amends [email protected]. Employment and Training existing regulations concerning filing SUPPLEMENTARY INFORMATION: This Administration and service that apply where a preamble is divided into four sections: governing statute or executive order Section I describes the process of 20 CFR Parts 641, 655, 658, 667 and does not establish contrary rules of rulemaking using a direct final rule with 683 filing and service. It also makes other a companion proposed rule; Section II minor corrections to update existing provides general background Office of Workers’ Compensation regulations. information on the development of the Programs DATES: This direct final rule is effective rulemaking; Section III is a discussion of on February 25, 2021, unless the the changes to the regulatory text; and 20 CFR Part 726 Department receives a significant Section IV covers the administrative adverse comment to this direct final rule requirements for this rulemaking. Office of the Secretary of Labor or the companion proposed rule by I. Direct Final Rule Published February 10, 2021 that explains why the 29 CFR Parts 7, 8, 22, 24, 26, 29, 37, direct final rule is inappropriate, Concurrently With Companion 38 and 96 including challenges to the rule’s Proposed Rule underlying premise or approach, or why The Department is simultaneously Office of Labor-Management the rule will be ineffective or publishing with this direct final rule an Standards unacceptable without a change. If a identical proposed rule elsewhere in timely, significant adverse comment is this issue of the Federal Register. In 29 CFR Parts 417 and 458 received, the Department will publish a direct final rulemaking, an agency notification of withdrawal of the direct publishes a final rule with a statement Wage and Hour Division final rule in the Federal Register before that the rule will go into effect unless the effective date. This notification may the agency receives significant adverse 29 CFR Parts 500, 525, 530 and 580 withdraw the direct final rule in whole comment within a specified period. If or in part. the agency receives no significant Occupational Safety and Health ADDRESSES: You may send comments, adverse comment in response to the Administration identified by Regulatory Identification direct final rule, the rule goes into Number (RIN) 1290–AA28, only by the effect. If the agency receives significant 29 CFR Parts 1978, 1979, 1980, 1981, following method: Electronic adverse comment, the agency withdraws 1982, 1983, 1984, 1985, 1986, 1987 and Comments. Submit comments through the direct final rule and treats such 1988 the Federal eRulemaking Portal http:// comment as submissions on the www.regulations.gov. To locate the proposed rule. The proposed rule then Office of Federal Contract Compliance proposed rule, use key words such as provides the procedural framework to Programs ‘‘Administrative Review Board’’ to finalize the rule. An agency typically search documents accepting comments. uses direct final rulemaking when it 41 CFR Part 60–30 Follow the instructions for submitting anticipates the rule will be non- RIN 1290–AA28 comments. All comments must be controversial. received by 11:59 p.m. on the date The Department has determined that Rules of Practice and Procedure indicated for consideration in this this rule is suitable for direct final Concerning Filing and Service and rulemaking. rulemaking. The enactment of the Amended Rules Concerning Filing and Instructions: All submissions received Board’s procedural regulations and Service must include the agency name and revisions to existing program AGENCY: Employment and Training docket number (DOL–2020–0011) or regulations would require parties to use Administration, Office of Workers’ Regulatory Information Number (RIN) the Board’s electronic system for filing Compensation Programs, Office of the for this rulemaking. All comments and serving documents unless exempted Secretary, Office of Labor-Management received will generally be posted by the Board, as well as make technical Standards, Wage and Hour Division, without change to https:// corrections to addresses, add cross- Occupational Safety and Health www.regulations.gov, including any references to rules of practice and Administration, Office of Federal personal information provided. If you procedure, and specify where the Contract Compliance Programs. need assistance to review the comments Secretary has delegated authority under or the direct final rule, the Department ACTION: Direct final rule. a program to the ARB. Some parties are will consider providing the comments already filing documents through the SUMMARY: The Department of Labor and direct final rule in other formats Board’s existing electronic system on a (Department or DOL) is issuing this upon request. For assistance to review voluntary basis. Moreover, this system Direct Final Rule to require electronic the comments or obtain the direct final is similar to those used by courts and filing (e-filing) and make acceptance of rule in an alternate format, contact Mr. other administrative agencies and will electronic service (e-service) automatic Thomas Shepherd, Clerk of the thus be familiar to some representatives. for attorneys and non-attorney Appellate Boards, at 202–693–6319 or The rule would also give self- representatives representing parties in [email protected]. Individuals represented (pro se) parties the option to proceedings before the Administrative with hearing or speech impairments file and serve documents through the Review Board (Board), unless the Board may access the telephone number above electronic system or via conventional authorizes non-electronic filing and by TTY by calling the toll-free Federal methods. These changes to the Board’s service for good cause. Self-represented Information Relay Service at (800) 877– procedures and practices should not be persons will have the option of e-filing 8339. controversial. The Department has or of filing papers by conventional FOR FURTHER INFORMATION CONTACT: Mr. determined that this rule is exempt from means. This rule establishes a new part Thomas Shepherd, Clerk of the the notice and comment requirements VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 1773 under 5 U.S.C. 553(b) as a rule of agency tracking system deployed in FY2011 to from authorized parties would be more practice and procedure. Nonetheless, replace individual legacy applications manageable for the Board. In addition, the agency has decided to allow for and streamline business processes greater utilization of e-filing and e- public input by issuing a direct final specific to each of the three service will reduce case processing rule and concurrent notice of proposed Adjudicatory Boards in the Department: times by eliminating the timeframes rulemaking. the Board, the Benefits Review Board required to allow for the delivery of The comment period for this direct (BRB), and the Employees’ traditional mailings. These time savings final rule runs concurrently with the Compensation Appeals Board (ECAB). will allow the Board to more efficiently comment period for the proposed rule. The Board has been delegated authority process appeals without any sacrifice to Any comments received in response to by the Secretary of Labor to issue quality of work and will also greatly this direct final rule will also be decisions on appeal in cases arising reduce mailing and copying costs for considered as comments regarding the under a variety of worker protection both the Board and the parties. proposed rule and vice versa. For laws, including those governing Additionally, in an effort to improve purposes of this rulemaking, a environmental, transportation, and e-filing and e-service Department-wide, significant adverse comment is one that securities whistleblower protections; H– the rule amends provisions regarding explains (1) why the rule is 1B immigration provisions; child labor; filing and service with the Office of inappropriate, including challenges to employment discrimination; job Administrative Law Judges (OALJ) for the rule’s underlying premise or training; seasonal and migrant workers; consistency with proposed amendments approach; or (2) why the direct final and Federal construction and service to the OALJ rules of practice and rule will be ineffective or unacceptable contracts. The BRB reviews appeals of procedure in 29 CFR part 18. without a change. In determining administrative law judges’ decisions whether a significant adverse comment arising under the Black Lung Benefits III. Discussion of Changes necessitates withdrawal of the direct Act, the Longshore and Harbor Workers’ A. Administrative Review Board Rules final rule, the Department will also Compensation Act and its extensions. of Practice and Procedure consider whether the comment raises an ECAB hears appeals taken from issue serious enough to warrant a determinations and awards under the The Department is adding a new substantive response had it been Federal Employees’ Compensation Act section to the Code of Federal submitted in a standard notice-and- with respect to claims of Federal Regulations at 29 CFR part 26 in order
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