Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

parties of the right to object to the

findings and/or order and to request a

hearing, and of the right of the

respondent to request an award of

attorney fees not exceeding $1,000 from

the ALJ, regardless of whether the

respondent has filed objections, if the

respondent alleges that the complaint

was frivolous or brought in bad faith.

The findings and, where appropriate,

the preliminary order also will give the

address of the Chief Administrative Law

Judge, U.S. Department of Labor, or

appropriate information regarding filing

objections electronically with the Office

of Administrative Law Judges. At the

same time, the Assistant Secretary will

file with the Chief Administrative Law

Judge a copy of the original complaint

and a copy of the findings and/or order.

*

*

*

*

*

■ 141. In § 1988.106, revise paragraph

(a) to read as follows:

jbell on DSKJLSW7X2PROD with PROPOSALS

§ 1988.106 Objections to the findings and

the preliminary order and requests for a

hearing.

(a) Any party who desires review,

including judicial review, of the

findings and/or preliminary order, or a

respondent alleging that the complaint

was frivolous or brought in bad faith

who seeks an award of attorney fees

under MAP–21, must file any objections

and/or a request for a hearing on the

record within 30 days of receipt of the

findings and preliminary order pursuant

to § 1988.105. The objections, request

for a hearing, and/or request for attorney

fees must be in writing and state

whether the objections are to the

findings, the preliminary order, and/or

whether there should be an award of

attorney fees. The date of the postmark,

facsimile transmittal, or electronic

transmittal is considered the date of

filing; if the objection is filed in person,

by hand-delivery or other means, the

objection is filed upon receipt.

Objections must be filed with the Chief

Administrative Law Judge, U.S.

Department of Labor, in accordance

with 29 CFR part 18, and copies of the

objections must be served at the same

time on the other parties of record, the

OSHA official who issued the findings

and order, the Assistant Secretary, and

the Associate Solicitor, Division of Fair

Labor Standards, U.S. Department of

Labor.

*

*

*

*

*

■ 142. In § 1988.107, revise paragraph

(b) to read as follows:

§ 1988.107

Hearings.

*

*

*

*

*

(b) Upon receipt of an objection and

request for hearing, the Chief

Administrative Law Judge will promptly

VerDate Sep<11>2014

21:32 Jan 08, 2021

Jkt 253001

assign the case to an ALJ who will

notify the parties of the day, time, and

place of hearing. The hearing is to

commence expeditiously, except upon a

showing of good cause or unless

otherwise agreed to by the parties.

Hearings will be conducted de novo on

the record. ALJs have broad discretion

to limit discovery in order to expedite

the hearing.

*

*

*

*

*

■ 143. In § 1988.110, revise paragraph

(c) to read as follows:

Signed on this 14th day of December, 2020,

in Washington, DC.

Eugene Scalia,

Secretary of Labor.

[FR Doc. 2020–28056 Filed 1–8–21; 8:45 am]

BILLING CODE 4510–HW–P

DEPARTMENT OF LABOR

Benefits Review Board

20 CFR Part 802

RIN 1290–AA35

§ 1988.110 Decision and orders of the

Administrative Review Board.

Rules of Practice and Procedure

*

AGENCY: Benefits Review Board,

*

*

*

*

(c) The decision of the ARB will be

issued within 120 days of the

conclusion of the hearing, which will be

deemed to be 14 days after the decision

of the ALJ, unless a motion for

reconsideration has been filed with the

ALJ in the interim. In such case, the

conclusion of the hearing is the date the

motion for reconsideration is ruled

upon or 14 days after a new decision is

issued. The ARB’s decision will be

served upon all parties and the Chief

Administrative Law Judge. The decision

will also be served on the Assistant

Secretary and on the Associate Solicitor,

Division of Fair Labor Standards, U.S.

Department of Labor, even if the

Assistant Secretary is not a party.

*

*

*

*

*

Title 41: Public Contracts and Property

Management

PART 60—30 RULES OF PRACTICE

FOR ADMINISTRATIVE PROCEEDINGS

TO ENFORCE EQUAL OPPORTUNITY

UNDER EXECUTIVE ORDER 11246

■ 144. The authority citation for part

60–30 continues to read as follows:

Authority: Executive Order 11246, as

amended, 30 FR 12319, 32 FR 14303, as

amended by E.O. 12086; 29 U.S.C. 793, as

amended, and 38 U.S.C. 4212, as amended.

■ 145. In § 60–30.4, revise paragraphs

(b) and (c) to read as follows:

§ 60–30.4 Form, filing, service of pleadings

and papers.

*

*

*

*

*

(b) Service. Service upon any party

shall be made by the party filing the

pleading or document in accordance

with 29 CFR part 26. When a party is

represented by an attorney, the service

shall be upon the attorney.

(c) Proof of service. A certificate of the

person serving the pleading or other

document, setting forth the manner of

service, shall be proof of the service.

PO 00000

Frm 00032

Fmt 4702

Sfmt 4702

1857

Department of Labor.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Department of Labor is

issuing this Notice of Proposed

Rulemaking to seek public comments on

a proposal to require electronic filing (efiling) and make acceptance of

electronic service (e-service) automatic

by attorneys and lay representatives

representing parties in proceedings

before the Benefits Review Board

(Board), and to provide an option for

self-represented parties to utilize these

electronic capabilities.

DATES: The Department invites

interested persons to submit comments

on the proposed rules of practice and

procedure. To ensure consideration,

comments must be in writing and must

be received by February 10, 2021.

ADDRESSES: You may submit comments,

identified by Regulatory Identification

Number (RIN) 1290–AA35, only by the

following method: Electronic

Comments. Submit comments through

the Federal eRulemaking Portal http://

www.regulations.gov. To locate the

proposed rule, use docket number DOL–

2020–0013 or key words such as

‘‘Administrative practice and

procedure,’’ ‘‘Black lung benefits,’’

‘‘Longshore and harbor workers,’’ or

‘‘Workers’ compensation.’’ Follow the

instructions for submitting comments.

All comments must be received by 11:59

p.m. on the date indicated for

consideration in this rulemaking.

Instructions: All submissions received

must include the agency name and

docket number or RIN for this

rulemaking. All comments received

generally will be posted without change

to http://www.regulations.gov, including

any personal information provided.

Therefore, the Department recommends

that commenters safeguard their

personal information by not including

social security numbers, personal

addresses, telephone numbers, or email

addresses in comments. It is the

E:\FR\FM\11JAP1.SGM

11JAP1

1858

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

responsibility of the commenter to

safeguard personal information.

If you need assistance to review the

comments and the proposed rule, the

Department will consider providing the

comments and the proposed rule in

other formats upon request. For

assistance to review the comments or

obtain the proposed rule in an alternate

format, contact Mr. Thomas Shepherd,

Clerk of the Appellate Boards, at (202)

693–6319.

FOR FURTHER INFORMATION CONTACT: Mr.

Thomas Shepherd, Clerk of the

Appellate Boards, at (202) 693–6319 or

Shepherd.Thomas@dol.gov. Individuals

with hearing or speech impairments

may access this telephone number by

TTY by calling the toll-free Federal

Information Relay Service at (800) 877–

8339.

SUPPLEMENTARY INFORMATION: This

preamble is divided into four sections:

Section I describes the process of

rulemaking using a direct final rule with

a companion proposed rule; Section II

provides general background

information on the development of the

proposed rulemaking; Section III is a

section-by-section summary and

discussion of the proposed regulatory

text; and Section IV covers the

administrative requirements for this

proposed rulemaking.

jbell on DSKJLSW7X2PROD with PROPOSALS

I. Proposed Rule Published

Concurrently With Companion Direct

Final Rule

The Department is simultaneously

publishing with this proposed rule an

identical ‘‘direct final’’ rule elsewhere

in this issue of the Federal Register. In

direct final rulemaking, an agency

publishes a final rule with a statement

that the rule will go into effect unless

the agency receives significant adverse

comment within a specified period. If

the agency receives no significant

adverse comment in response to the

direct final rule, the rule goes into

effect. If the agency receives significant

adverse comment, the agency withdraws

the direct final rule and treats such

comment as submissions on the

proposed rule. The proposed rule then

provides the procedural framework to

finalize the rule. An agency typically

uses direct final rulemaking when it

anticipates the rule will be noncontroversial.

The Department has determined that

this rule is suitable for direct final

rulemaking. The proposed revisions to

the Board’s procedural regulations

would require represented parties,

unless exempted by the Board for good

cause shown, to file documents via the

Board’s new electronic case

VerDate Sep<11>2014

21:32 Jan 08, 2021

Jkt 253001

management system, which will also

automatically serve these documents on

registered system users. Some parties

are already e-filing documents with the

Board on a voluntary basis. Moreover,

this new system is similar to those used

by courts and other administrative

agencies and will thus be familiar to the

representatives. The proposed rule also

would give self-represented (pro se)

parties the option to file and serve

documents through the electronic case

management system or via conventional

methods. These changes to the Board’s

procedures and practices should not be

controversial. The Department has

determined that this rule is exempt from

the notice and comment requirements

under 5 U.S.C. 553(b) as a rule of agency

practice and procedure. Nonetheless,

the agency has decided to allow for

public input by issuing a direct final

rule and concurrent notice of proposed

rulemaking.

The comment period for this

proposed rule runs concurrently with

the comment period for the direct final

rule. Any comments received in

response to this proposed rule also will

be considered as comments regarding

the direct final rule and vice versa. For

purposes of this rulemaking, a

significant adverse comment is one that

explains (1) why the rule is

inappropriate, including challenges to

the rule’s underlying premise or

approach; or (2) why the direct final

rule will be ineffective or unacceptable

without a change. In determining

whether a significant adverse comment

necessitates withdrawal of the direct

final rule, the Department will consider

whether the comment raises an issue

serious enough to warrant a substantive

response had it been submitted in a

standard notice-and-comment process.

A comment recommending an addition

to the rule will not be considered

significant and adverse unless the

comment explains how the rule would

be ineffective without the addition.

The Department requests comments

on all issues related to this rule,

including economic or other regulatory

impacts of this rule on the regulated

community. All interested parties

should comment at this time because

the Department will not initiate an

additional comment period on the

proposed rule even if it withdraws the

direct final rule.

This rule is not an E.O. 13771

regulatory action because the Office of

Information and Regulatory Affairs has

determined it is not significant under

E.O. 12866.

Pursuant to the Congressional Review

Act (5 U.S.C. 801 et seq.), the Office of

Information and Regulatory Affairs

PO 00000

Frm 00033

Fmt 4702

Sfmt 4702

designated this rule as not a ‘‘major

rule,’’ as defined by 5 U.S.C. 804(3).

I. Background of This Rulemaking

The Department promulgates this rule

under the authority of 5 U.S.C. 301, as

well as the Black Lung Benefits Act, 30

U.S.C. 901 et seq., and the Longshore

and Harbor Workers’ Compensation Act,

33 U.S.C. 901 et seq.

The Board is proposing a rule that

would make e-filing mandatory and

acceptance of e-service automatic for

parties represented by attorneys and lay

representatives. E-filing has been

optional and e-service was not available

through the Board’s prior electronic

system. As a result, the Board would

receive filings in both paper and

electronic form. The Board’s long-term

goal is to have entirely electronic case

files (e-case files), which the Board

believes will significantly benefit both

the Board and the participants in Board

appeals by allowing the Board to more

efficiently process incoming documents

and to reduce the time it takes to

adjudicate claims. Requiring attorneys

and lay representatives to use e-filing

and automatically receive service of efiled documents through the

Department’s electronic case

management system will help the Board

move toward this goal.

The Board previously used DOL

Appeals, a consolidated web-based case

tracking system deployed in FY2011 to

replace individual legacy applications

and streamline business processes

specific to each of the three

Adjudicatory Boards in the Department:

the Board, the Administrative Review

Board (ARB), and the Employees’

Compensation Appeals Board (ECAB).

The Board reviews appeals of

administrative law judges’ decisions

arising under the Black Lung Benefits

Act, and the Longshore and Harbor

Workers’ Compensation Act and its

extensions. The ARB issues decisions in

cases arising under a variety of worker

protection laws, including those

governing environmental,

transportation, and securities

whistleblower protections; H–1B

immigration provisions; child labor;

employment discrimination; job

training; seasonal and migrant workers;

and Federal construction and service

contracts. ECAB hears appeals taken

from determinations and awards under

the Federal Employees’ Compensation

Act with respect to claims of Federal

employees injured in the course of their

employment.

The DOL Appeals case management

system provided a broad range of

capabilities to the Adjudicatory Boards’

staff for inputting, processing, tracking,

E:\FR\FM\11JAP1.SGM

11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

managing, and reporting specific details

on thousands of cases since its initial

implementation. In FY2013, the system

was enhanced to provide access to

parties. More than 1,400 individuals

were registered users of the DOL

Appeals system. Users had the ability to

check their case status, electronically

file motions and briefs, and receive

Board issuances electronically.

However, users who e-filed documents

still had to serve those documents on

other parties by some other method

(typically mail, commercial delivery, or

electronic mail), as DOL Appeals did

not have an automatic e-service function

like that of the Federal courts’ electronic

filing system. Moreover, because e-filing

has been optional, the Board received,

and still receives, many paper filings,

including from attorneys and lay

representatives.

At present, the Board lacks sufficient

resources to digitally image all

pleadings received in paper form, and

that option is unduly burdensome and

labor intensive. Furthermore, if e-filing

remains optional, it is unlikely that the

Board will achieve the goal of

completely electronic case files. If,

however, attorneys and lay

representatives are required to e-file all

documents through the Board’s new

case management system, imaging the

remaining paper pleadings from selfrepresented parties would be

manageable for the Board. In addition,

greater utilization of e-filing and eservice through the new case

management system will reduce case

processing times by eliminating the

timeframes required to allow for the

delivery of traditional mailings. These

time savings will allow the Board to

more efficiently process appeals without

any sacrifice to quality of work and will

also greatly reduce mailing and copying

costs for both the Board and the parties.

Although Federal agencies are

required by law to provide information

and services via the internet, agencies

must also consider the impact on

persons without access to the internet

and, to the extent practicable, ensure

that the availability of government

services has not been diminished for

such persons. 44 U.S.C. 3501 note.

Accordingly, the Board will make efiling and e-service optional for selfrepresented parties. The Board sees no

legal restriction to making e-filing

mandatory and acceptance of e-service

automatic for attorneys and lay

representatives, and does not believe it

would impose undue costs or

difficulties for them, particularly since a

party may obtain an exemption for good

cause shown. The Board notes in this

regard that e-filing is generally

VerDate Sep<11>2014

21:32 Jan 08, 2021

Jkt 253001

mandatory for attorneys in the Federal

district courts and U.S. Courts of

Appeals; unless an exemption is

granted, only self-represented parties

have the option of filing pleadings in

paper form. The Board also notes that,

consistent with the Federal courts, the

Department’s electronic case

management system requires the filer to

convert other electronic formats to

Portable Document File (PDF) before

filing. Parties filing via the electronic

case management system need a

computer, access to email and the

internet, and the ability to convert

documents to a PDF format. The rule

also provides that registered electronic

case management system users are

deemed to accept service of all

documents through the system. The

Board will issue decisions and orders

electronically to registered users who

are parties to a case.

III. Section-by-Section Analysis of

Proposed Rules

The Board proposes to remove and

reserve the following sections:

§ 802.204, Place for filing notice of

appeal and correspondence; § 802.207,

When a notice of appeal is considered

to have been filed in the office of the

Clerk of the Board; and § 802.216,

Service and form of papers. The Board

is making this change to clarify and

consolidate its rules governing

computation of time in current

§ 802.221, filing of documents in new

§ 802.222, and service of documents in

new § 802.223.

In general, the provisions in

§§ 802.204, 802.207, and 802.216 will be

moved into these three consolidated

regulations and revised to accommodate

mandatory e-filing and automatic

acceptance of e-service for represented

parties. The Board has proposed,

however, to remove from its regulations

the requirement in § 802.204 that a party

who files a notice of appeal must serve

a copy of it on the ‘‘deputy

commissioner’’ (an official who is now

called ‘‘district director,’’ 20 CFR

701.301(a)(7), 725.101(a)(16)). This nonstatutory procedure is no longer

required because the Board routinely

provides the district director with notice

of each appeal filed.

Sec. 802.219 Motions to the Board;

Orders

The Board proposes to amend

§ 802.219(d) to replace the current crossreference to § 802.216, a regulation the

Board proposes to remove, with crossreferences to new §§ 802.222 and

802.223. The new regulations will

govern filing and service of motions

made to the Board.

PO 00000

Frm 00034

Fmt 4702

Sfmt 4702

1859

Sec. 802.221 Computation of Time

The Board proposes to amend

§ 802.221 in several ways. Proposed

paragraph (a) retains the same general

time computation rule as in current

paragraph (a) but substitutes the word

‘‘must’’ for ‘‘shall’’ wherever it occurs.

This substitution is consistent with

Executive Order 13563, which states

that regulations must be ‘‘written in

plain language[.]’’ 76 FR 3821 (Jan. 18,

2011). No alteration in meaning is

intended by this change.

Proposed paragraph (b) is limited to

computing time for nonelectronic

documents. Paragraph (b)(1) retains the

current provision that, when sent by

mail, the time period calculated under

paragraph (a) is satisfied if the

document is mailed within that time

period, as demonstrated by postmark or

other evidence. Paragraph (b)(2) adds a

new provision to address the

widespread use of commercial carriers

(e.g., FedEx, UPS) for delivering

documents. The rule provides that the

time period calculated under paragraph

(a) is satisfied if delivered to the carrier

within that time period, as evidenced by

the carrier’s receipt or tracking

information.

Proposed paragraph (c) is a new

provision that addresses electronic

filings made through the case

management system. The time period

calculated under paragraph (a) is

deemed met if the pleading is filed by

11:59:59 p.m. Eastern Time on the due

date. The Board chose the Eastern Time

zone based on the fact that Washington,

DC is located within it. This mirrors the

approach of Federal courts. See, e.g.,

Fed. R. App. P. 26(a)(4); Fed. R. Civ. P.

6(a)(4). Finally, proposed paragraph (d),

which notes that waivers of filing time

limits may be requested by motion

(except for notices of appeal), is

identical to current paragraph (c).

Sec. 802.222 Filing Notice of Appeal,

Pleadings, and Other Correspondence

Proposed § 802.222 is a new rule

containing all filing requirements. The

rule incorporates many of the general

provisions in current § 802.216 and

adds additional provisions for electronic

filings. The rule also includes the

special provisions for determining when

a notice of appeal is filed that currently

appear in § 802.207. Placing all of this

information in one section will clarify

the parties’ obligations when filing any

pleading, exhibit, or other document

with the Board.

Proposed paragraph (a) contains the

general requirements that apply to all

pleadings, including captions,

certificates of service, signatures, and

E:\FR\FM\11JAP1.SGM

11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1860

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

formatting. Because documents in a case

may need to be served by more than one

method, paragraph (a)(2) requires the

parties to include detailed service

information on the certificate of service.

To simplify signatures on electronic

filings, paragraph (a)(3) provides that

pleadings filed via the case management

system will be deemed signed by the

filing person.

Proposed paragraph (b) is a new

provision requiring filing parties to

redact certain personally identifiable

and sensitive information from all

documents filed with the Board. The

rule is intended to protect the interests

of the parties, minors who may be

involved in a case, and the public

generally. The language of this rule is

based on similar rules in the Federal

courts. See, e.g., Fed. R. Civ. P. 5.2(a);

see also Fed. R. App. P. 25(a)(5).

Proposed paragraph (c) governs

nonelectronic filings. It retains the

current requirements for submitting

paper documents (e.g., parties must file

an original and two copies of each

pleading) and includes the Board’s

address, which is currently located in

§ 802.204.

Proposed paragraph (d) is an entirely

new provision addressing electronic

filings. Paragraph (d)(1) requires

attorneys and lay representatives to

register for the electronic case

management system and file all

documents through it. This requirement

applies only to those documents filed 45

days after the effective date or later.

This time period between the effective

date, when litigants can be certain that

the direct final rule will not be

withdrawn, and the applicability date,

on which e-filing becomes mandatory,

allows the Office of Administrative Law

Judges to update its notices of appeal

rights so that by the time e-filing with

the Board is mandatory, parties will

have received a notice of appeal rights

with updated information. It also allows

parties who were previously filing and

serving documents by mail to adjust to

electronic filing. As discussed above,

mandating electronic filing and

automatically serving documents

electronically filed through the system

will benefit the parties and improve

case processing. The regulation requires

that e-filed documents be in PDF format

and expresses a preference for textsearchable PDF format. To simplify the

filing process, the regulation also

informs filers that no paper copies need

be filed unless requested by the Board;

electronic submission alone is

sufficient. Paragraph (d)(2) permits

attorneys and lay representatives to

request, by motion, an exemption from

mandatory e-filing or acceptance of

VerDate Sep<11>2014

21:32 Jan 08, 2021

Jkt 253001

automatic e-service for good cause

shown.

Proposed paragraph (d)(3) allows selfrepresented (i.e., pro se) parties to file in

either electronic or nonelectronic

format. Providing this flexibility will

allow these parties to easily participate

in their cases. To remove any confusion

about whether an electronically filed

document is a ‘‘paper,’’ paragraph (d)(4)

specifically provides that such

documents are written papers for

purposes of all of the Board’s procedural

rules. Proposed paragraph (d)(5)

addresses technical failures in two

ways. First, any person encountering

technical difficulties in filing or

receiving electronic documents through

the case management system may file a

motion with the Board requesting relief

appropriate to the particular incident.

The Board encourages filers to retain

documentation of the failure in these

instances. Second, paragraph (d)(5)

provides that the Board may issue a

special order providing relief (e.g.,

allowing nonelectronic filings) when the

case management system is not

operational.

Proposed paragraph (e) contains

special rules on filing notices of appeal.

Paragraph (e)(1) incorporates the general

rule contained in current § 802.207(a)(1)

on the filing date of a notice of appeal.

Paragraph (e)(2) generally incorporates

the provision in current § 802.207(a)(2)

that the Board may consider an appeal

submitted to another governmental unit

to have been filed with the Clerk of the

Board as of the date it was received by

the other governmental unit. Paragraph

(e)(2) does not specifically require that

the other governmental unit promptly

forward the notice of appeal to the office

of the Clerk of the Board because the

Board does not have such authority.

Paragraph (e)(3) incorporates the

provisions in current § 802.207(b) that

permit the Board to use the date of

mailing as the filing date for the notice

of appeal if appeal rights would

otherwise be lost. Paragraph (e)(3)

extends this same protection to notices

of appeal sent by commercial carrier

(e.g., FedEx, UPS) and provides that the

filing date in these instances is the date

of delivery to the commercial carrier.

Given the widespread use of

commercial carriers, this additional

provision will help ensure that parties’

appeal rights are not lost. Finally,

paragraph (e)(4) clarifies that electronic

notices of appeal filed through the case

management system are considered

received, and thus filed, as of the date

and time recorded by the system.

PO 00000

Frm 00035

Fmt 4702

Sfmt 4702

Sec. 802.223

Service Requirements

Proposed § 802.223 is a new rule

containing all service requirements.

Paragraph (a) requires, akin to current

§ 802.216(c), parties to serve every party

in the case and the Solicitor of Labor

with a copy of all documents filed with

the Board. Paragraph (b) identifies the

types of nonelectronic service (personal

delivery; mail or commercial delivery)

and electronic service (electronic mail,

if consented to in writing by the person

served, and electronic service to a

registered user through the case

management system) permitted.

Significantly, paragraph (b)(2)(B)

provides that a registered electronic case

management system user ‘‘is deemed to

have consented to accept service

through the system.’’ Thus, automatic

service through the electronic case

management system is effective with

respect to registered system users

without any additional form of service.

Paragraph (c) describes when service is

effected for different delivery methods,

which could become important to a

cross-appeal filing under § 802.205(b).

Finally, paragraph (d) governs the

date of receipt for electronic documents

served by the case management system

or electronic mail. The receipt date is

particularly important to determining

deadlines for response briefs, responses

to motions, and requests for oral

argument. See §§ 802.212, 802.219,

802.305. Under paragraph (d)(1),

electronic case management systemserved documents are considered

received by the system’s registered users

in the case on the date the document is

sent by the system. Similarly, under

paragraph (d)(2) documents served via

electronic mail are considered received

when sent. In both instances, the

recipients of service will have rapid

access to the filed pleading, exhibit, or

other document.

IV. Administrative Requirements of the

Proposed Rulemaking

Executive Orders 12866, Regulatory

Planning and Review; and 13563,

Improving Regulation and Regulatory

Review

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distributive impacts, and

equity). Executive Order 13563

emphasizes the importance of

quantifying both costs and benefits, of

E:\FR\FM\11JAP1.SGM

11JAP1

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

reducing costs, of harmonizing rules,

and of promoting flexibility.

This proposed rule has been drafted

and reviewed in accordance with

Executive Order 12866. The Office of

Information and Regulatory Affairs of

the Office of Management and Budget

(OMB) determined that this direct final

rule is not a significant regulatory action

under section 3(f) of Executive Order

12866 because the proposed rule will

not have an annual effect on the

economy of $100 million or more; will

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; and will

not materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof.

Furthermore, the proposed rule does not

raise a novel legal or policy issue arising

out of legal mandates, the President’s

priorities, or the principles set forth in

the Executive Order. Accordingly, OMB

has waived review.

Because no notice of proposed

rulemaking is required for this rule

under section 553(b) of the

Administrative Procedure Act, the

regulatory flexibility requirements of the

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

do not apply to this rule. See 5 U.S.C.

601(2).

The Department has determined that

this proposed rule is not subject to the

requirements of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.,

as this rulemaking involves

administrative actions to which the

Federal government is a party or that

occur after an administrative case file

has been opened regarding a particular

individual. See 5 CFR 1320.4(a)(2), (c).

Unfunded Mandates Reform Act of 1995

and Executive Order 13132, Federalism

jbell on DSKJLSW7X2PROD with PROPOSALS

■ 1. The authority citation for part 802

continues to read as follows:

Authority: 5 U.S.C. 301; 30 U.S.C. 901 et

seq.; 33 U.S.C. 901 et seq.; Reorganization

Plan No. 6 of 1950, 15 FR 3174; Secretary of

Labor’s Order 03–2006, 71 FR 4219, January

25, 2006.

§ 802.204

Paperwork Reduction Act

The Department has reviewed this

proposed rule in accordance with the

requirements of Executive Order 13132

and the Unfunded Mandates Reform Act

of 1995, 2 U.S.C. 1501 et seq., and has

found no potential or substantial direct

effects on the states, on the relationship

between the national government and

the states, or on the distribution of

power and responsibilities among the

various levels of government. As there

is no Federal mandate contained herein

that could result in increased

expenditures by state, local, and tribal

governments, or by the private sector,

the Department has not prepared a

budgetary impact statement.

21:32 Jan 08, 2021

List of Subjects in 20 CFR Part 802

Administrative practice and

procedure, Black lung benefits,

Longshore and harbor workers, Workers’

compensation.

For the reasons set forth in the

preamble, the Department of Labor

proposes to amend 20 CFR part 802 as

follows:

PART 802—RULES OF PRACTICE AND

PROCEDURE

Regulatory Flexibility Act of 1980

VerDate Sep<11>2014

Executive Order 13175, Consultation

and Coordination With Indian Tribal

Governments

The Department has reviewed this

proposed rule in accordance with

Executive Order 13175 and has

determined that it does not have ‘‘tribal

implications.’’ The proposed rule does

not ‘‘have substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

Jkt 253001

[Removed and Reserved]

■ 2. Remove and reserve § 802.204.

§ 802.207

[Removed and Reserved]

■ 3. Remove and reserve § 802.207.

§ 802.216

[Removed and Reserved]

■ 4. Remove and reserve § 802.216.

■ 5. In § 802.219, revise paragraph (d) to

read as follows:

§ 802.219

Motions to the Board; orders

*

*

*

*

*

(d) The rules governing the filing and

service of documents in §§ 802.222 and

802.223 apply to all motions.

*

*

*

*

*

■ 6. Revise § 802.221 to read as follows:

§ 802.221

Computation of time.

(a) In computing any period of time

prescribed or allowed by these rules, by

direction of the Board, or by any

applicable statute which does not

provide otherwise, the day from which

the designated period of time begins to

run must not be included. The last day

of the period so computed must be

included, unless it is a Saturday,

Sunday, or legal holiday, in which event

the period runs until the end of the next

day which is not a Saturday, Sunday, or

legal holiday.

PO 00000

Frm 00036

Fmt 4702

Sfmt 4702

1861

(b) For nonelectronic documents, the

time period computed under paragraph

(a) of this section will be deemed

complied with if—

(1) When sent by mail, the envelope

containing the document is postmarked

by the U.S. Postal Service within the

time period allowed. If there is no such

postmark, or it is not legible, other

evidence such as, but not limited to,

certified mail receipts, certificates of

service, and affidavits, may be used to

establish the mailing date.

(2) When sent by commercial carrier,

the receipt or tracking information

demonstrates that the paper was

delivered to the carrier within the time

period allowed.

(c) For electronic filings made through

the Board’s case management system,

paragraph (a) of this section will be

deemed to be met if the document is

electronically filed within the time

period allowed. A document is deemed

filed as of the date and time the Board’s

electronic case management system

records its receipt, even if transmitted

outside of the Board’s business hours set

forth in § 801.304 of this chapter. To be

considered timely, an e-filed pleading

must be filed by 11:59:59 p.m. Eastern

Time on the due date.

(d) A waiver of the time limitations

for filing a paper, other than a notice of

appeal, may be requested by proper

motion filed in accordance with

§§ 802.217 and 802.219.

■ 7. Add § 802.222 to subpart B to read

as follows:

§ 802.222 Filing notice of appeal,

pleadings, and other correspondence.

This section prescribes rules and

procedures by which parties and

representatives to proceedings before

the Board file pleadings (including

notices of appeal, petitions for review

and briefs, response briefs, additional

briefs, and motions), exhibits, and other

documents including routine

correspondence.

(a) Requirements for all pleadings. All

pleadings filed with the Board must—

(1) Include a caption and title.

(2) Include a certificate of service

containing—

(i) The date and manner of service;

(ii) The names of persons served; and

(iii) Their mail or electronic mail

addresses or the addresses of the places

of delivery, as appropriate for the

manner of service.

(3) Include a signature of the party (or

his or her attorney or lay representative)

and date of signature. Pleadings filed by

an attorney, lay representative or selfrepresented party via the Board’s case

management system will be deemed to

be signed by that person.

E:\FR\FM\11JAP1.SGM

11JAP1

jbell on DSKJLSW7X2PROD with PROPOSALS

1862

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Proposed Rules

(4) Conform to standard letter

dimensions (8.5 x 11 inches).

(b) Redacted filings and exhibits. Any

person who files a pleading, exhibit, or

other document that contains an

individual’s social security number,

taxpayer-identification number, or birth

date; the name of an individual known

to be a minor; or a financial-account

number, must redact all such

information, except the last four digits

of the social security number and

taxpayer-identification number; the year

of the individual’s birth; the minor’s

initials; and the last four digits of the

financial-account number.

(c) Nonelectronic filings. All

nonelectronic pleadings filed with the

Board must be secured at the top. For

each pleading filed with the Board, the

original and two legible copies must be

submitted. Nonelectronic filings must

be sent to the U.S. Department of Labor,

Benefits Review Board, ATTN: Office of

the Clerk of the Appellate Boards

(OCAB), 200 Constitution Ave. NW,

Washington, DC 20210–0001, or

otherwise presented to the Clerk.

(d) Electronic filings. (1) Except as

provided in paragraph (d)(2) of this

section, beginning on [DATE 45 DAYS

AFTER EFFECTIVE DATE OF FINAL

RULE], attorneys and lay representatives

must register for the Board’s electronic

case management system and file all

pleadings, exhibits, and other

documents with the Board through this

system (e-file). All e-filed documents

must be in Portable Document Format

(PDF). The Board prefers that pleadings

be filed in text-searchable PDF format.

Paper copies are not required unless

requested by the Board.

(2) Attorneys and lay representatives

may request an exemption (pursuant to

§ 802.219) for good cause shown. Such

a request must include a detailed

explanation why e-filing or acceptance

of e-service should not be required.

(3) Self-represented parties may file

pleadings, exhibits, and other

documents in electronic or

nonelectronic form in accordance with

paragraph (c) or (d) of this section.

(4) A document filed electronically is

a written paper for purposes of this Part.

(5) A person who is adversely affected

by a technical failure in connection with

filing or receipt of an electronic

document may seek appropriate relief

from the Board under § 802.219. If a

technical malfunction or other issue

prevents access to the Board’s case

management system for a protracted

period, the Board by special order may

provide appropriate relief pending

restoration of electronic access.

(e) Special rules for notices of appeal.

(1) Except as otherwise provided in this

VerDate Sep<11>2014

21:32 Jan 08, 2021

Jkt 253001

section, a notice of appeal is considered

to have been filed only as of the date it

is received by the office of the Clerk of

the Board.

(2) A notice of appeal submitted to

any other agency or subdivision of the

Department of Labor or of the U.S.

Government or any state government,

and subsequently received by the office

of the Clerk of the Board, will be

considered filed with the Clerk of the

Board as of the date it was received by

the other governmental unit if the Board

finds in its discretion that it is in the

interest of justice to do so.

(3) If the notice of appeal is sent by

mail or commercial carrier and the

fixing of the date of delivery as the date

of filing would result in a loss or

impairment of appeal rights, it will be

considered to have been filed as of the

date of mailing or the date of delivery

to the commercial carrier.

(i) For notices sent by mail, the date

appearing on the U.S. Postal Service

postmark (when available and legible)

will be prima facie evidence of the date

of mailing. If there is no such postmark

or it is not legible, other evidence such

as, but not limited to, certified mail

receipts, certificates of service, and

affidavits, may be used to establish the

mailing date.

(ii) For notices sent by commercial

carrier, the date of delivery to the carrier

may be demonstrated by the carrier’s

receipt or tracking information.

(4) If the notice of appeal is

electronically filed through the Board’s

case management system, it is

considered received by the office of the

Clerk of the Board as of the date and

time recorded by the system under

§ 802.221(c).

■ 6. Add § 802.223 to subpart B to read

as follows:

§ 802.223

Frm 00037

Fmt 4702

Sfmt 4702

Signed on this 14th day of December, 2020,

in Washington, DC

Eugene Scalia,

Secretary of Labor.

[FR Doc. 2020–28058 Filed 1–8–21; 8:45 am]

BILLING CODE 4510–HT–P

DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 18

RIN 1290–AA36

Rules of Practice and Procedure for

Administrative Hearings Before the

Office of Administrative Law Judges

AGENCY: Office of the Secretary

Service requirements

This section prescribes rules and

procedures for serving pleadings

(including notices of appeal, petitions

for review, and response briefs,

additional briefs, and motions), exhibits,

and other documents including routine

correspondence on other parties and

representatives.

(a) A copy of any document filed with

the Board must be served on each party

and the Solicitor of Labor by the party

filing the document.

(b) Manner of service. (1)

Nonelectronic service may be completed

by:

(i) Personal delivery;

(ii) Mail; or

(iii) Commercial delivery.

(2) Electronic service may be

completed by:

(i) Electronic mail, if consented to in

writing by the person served; or

PO 00000

(ii) Sending it to a user registered with

the Board’s electronic case management

system by filing via this system. A

person who registers to use the Board’s

case management system is deemed to

have consented to accept service

through the system.

(c) When service is effected. (1)

Service by personal delivery is effected

on the date the document is delivered

to the recipient.

(2) Service by mail or commercial

carrier is effected on mailing or delivery

to the carrier.

(3) Service by electronic means is

effected on sending.

(d) Date of receipt for electronic

documents. Unless the party making

service is notified that the document

was not received by the party served—

(1) A document filed via the Board’s

case management system is considered

received by registered users on the date

it is sent by the system; and

(2) A document served via electronic

mail is considered received by the

recipient on the date it is sent.

ACTION: Notice of proposed rulemaking;

request for comments.

SUMMARY: The Department of Labor

(DOL or Department) is proposing to

revise the Rules of Practice and

Procedure for Administrative Hearings

Before the Office of Administrative Law

Judges (OALJ rules of practice and

procedure) to provide for electronic

filing (e-filing) and electronic service (eservice) of papers. In addition to

technical amendments, the revised

regulations provide that e-filing will be

required for persons represented by

attorneys or non-attorney

representatives unless good cause is

shown justifying a different form of

filing. Self-represented persons will

have the option of e-filing or of filing

papers by conventional means. Finally,

the Department is proposing to revise

E:\FR\FM\11JAP1.SGM

11JAP1