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					                                                            Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations                                           63985

                                          Equal Pay Act, age, disability, or genetic               is making various corrections and                     (c), .52(a)(2), .56(c), .60, .62(c), .64(b),
                                          information). Only those bases protected                 technical amendments to its rules of                  .70(f), .73(b), .74(b), .95(c)(1) and (h)(1),
                                          by Title VII of the Civil Rights Act of                  procedure and regulations which                       .104(b)(2), .202(a)(5), .203(b) and (c),
                                          1964, as amended, 42 U.S.C. 2000e et                     implement the Government in the                       and .204(b). Seventh, also for the sake
                                          seq., the Equal Pay Act of 1963, 29                      Sunshine Act and the Equal Access to                  of consistency, parallel cites to the
                                          U.S.C. 206(d), the Age Discrimination in                 Justice Act in proceedings before                     United States Code are now included
                                          Employment Act of 1967, as amended,                      OSHRC.                                                when referencing the Occupational
                                          29 U.S.C. 621 et seq., the Rehabilitation                DATES: Effective on December 7, 2009.                 Safety and Health Act (‘‘Act’’), 29 U.S.C.
                                          Act of 1973, as amended, 29 U.S.C. 791                                                                         651–678. This change results in
                                                                                                   FOR FURTHER INFORMATION CONTACT: Ron
                                          et seq., and the Genetic Information                                                                           amendments to § 2200.1(b), (i), and (j),
                                                                                                   Bailey, Attorney-Advisor, Office of the
                                          Nondiscrimination Act, 42 U.S.C. 2000ff                                                                        as well as § 2200.37(c)(3). Similarly,
                                                                                                   General Counsel, by telephone at (202)
                                          et seq., are covered by the federal EEO                                                                        citation to the Act is now included
                                          process.                                                 606–5410, by e-mail at
                                                                                                   rbailey@oshrc.gov, or by mail at: 1120–               when referencing the relevant
                                          *      *     *    *     *                                20th Street, NW., Ninth Floor,                        provisions in the United States Code.
                                                                                                   Washington, DC 20036–3457.                            This change results in amendments to
                                          PART 1625—AGE DISCRIMINATION IN                                                                                § 2200.120(e). Eighth, when referencing
                                          EMPLOYMENT ACT                                           SUPPLEMENTARY INFORMATION:
                                                                                                                                                         a specific federal rule, the phrase
                                                                                                   I. Background                                         ‘‘Federal Rule of Civil Procedure’’ now
                                          ■ 32. The authority citation for Part                                                                          precedes the number of the rule. This
                                          1625 continues to read as follows:                          OSHRC is making corrections and
                                                                                                   amendments to outdated and erroneous                  change results in amendments to
                                            Authority: 81 Stat. 602; 29 U.S.C. 621, 5                                                                    §§ 2200.51(b); .52(a)(1)(iii); .56(a), (e),
                                          U.S.C. 301, Secretary’s Order No. 10–68;                 cross-references in 29 CFR parts 2200
                                                                                                   and 2204, and inconsistencies in word                 (f), (g), and (h); and .61. Ninth, in most
                                          Secretary’s Order No. 11–68; sec. 12, 29
                                                                                                   choice, citation form, and capitalization,            of the procedural rules, the Chief
                                          U.S.C. 631, Pub. L. 99–592, 100 Stat. 3342;
                                          sec. 2, Reorg. Plan No. 1 of 1978, 43 FR                 as well as various grammatical errors, in             Administrative Law Judge is referred to
                                          19807.                                                   29 CFR parts 2200 and 2203. OSHRC is                  by his or her full title, even when
                                                                                                   also amending its rule regarding                      mentioned multiple times in a section.
                                          § 1625.31    [Amended]                                                                                         All references to this position are now
                                                                                                   interlocutory review to clarify, as stated
                                          ■  33. In § 1625.31(a), remove the word                                                                        amended to read ‘‘Chief Administrative
                                                                                                   elsewhere in the rules, that a petition for
                                          ‘‘handicapped’’ and add in its place the                                                                       Law Judge,’’ which results in
                                                                                                   interlocutory review is considered filed
                                          phrase ‘‘individuals with disabilities.’’                                                                      amendments to §§ 2200.203(c), .204(a),
                                                                                                   when received by the Commission.
                                                                                                   Finally, OSHRC is amending its                        and .209(f). Finally, in order to clarify,
                                          PART 1690—PROCEDURES ON                                                                                        as stated in § 2200.8(e)(2), that a petition
                                          INTERAGENCY COORDINATION OF                              procedure regarding the filing of
                                                                                                   documents in cases on review before the               for interlocutory review is deemed filed
                                          EQUAL EMPLOYMENT OPPORTUNITY                                                                                   when it is received by the Commission,
                                          ISSUANCES                                                Commission to require the filing of only
                                                                                                   original documents, thus saving paper                 a new paragraph including this
                                          ■ 34. The authority citation for Part                    and easing the parties’ filing burden.                requirement is added to § 2200.73, and
                                          1690 continues to read as follows:                                                                             the reference to § 2200.73(b) in
                                                                                                   Part 2200                                             § 2200.8(e)(2) is changed to § 2200.73.
                                            Authority: Sec. 715 of title VII of the Civil
                                          Rights Act of 1964, as amended, (42 U.S.C.                  OSHRC is making various                               OSHRC is also making amendments to
                                          2000e-14); Reorganization Plan No. 1 of 1978,            grammatical corrections and technical                 the following outdated cross-references
                                          43 FR 19807; E.O. 12067, 43 FR 28967.                    amendments to part 2200. First, in                    in this part. First, § 2200.37(d)(4)
                                                                                                   § 2200.209(g), the phrase ‘‘the 21 day                references § 2200.36(c)(2)–(c)(4), which
                                          § 1690.102       [Amended]                               period’’ is amended to include a hyphen               was re-designated as § 2200.35(b)–(d) in
                                          ■  35. In § 1690.102, remove the word                    between ‘‘21’’ and ‘‘day.’’ Second, in the            1992. Rules of Procedure, 57 FR 41676,
                                          ‘‘handicap’’ and add in its place the                    second sentence of § 2200.52(d), the                  41685 (Sept. 11, 1992) (final rule). The
                                          word ‘‘disability.’’                                     word ‘‘the’’ is added before the word                 reference to § 2200.36(c)(2)–(c)(4) is
                                          [FR Doc. E9–29012 Filed 12–4–09; 8:45 am]                ‘‘Judge.’’ Third, the words ‘‘judge’’ and             amended to reflect this re-designation.
                                          BILLING CODE 6570–01–P                                   ‘‘judges’’ in the text of §§ 2200.8(g) and            Second, § 2200.56(g) and (h) reference
                                                                                                   .52(d) and the title of §§ 2200.67 and .68            Federal Rules of Civil Procedure
                                                                                                   are now capitalized in order to make                  30(b)(7) and (b)(4), respectively, which
                                          OCCUPATIONAL SAFETY AND                                  capitalization of that word consistent                were re-designated as Rule 30(b)(4) and
                                          HEALTH REVIEW COMMISSION                                 throughout part 2200. Fourth, the word                (b)(3) in the 1993 Revisions to the
                                                                                                   ‘‘memorandums’’ in § 2200.93(e) is                    Federal Rules of Civil Procedure. The
                                          29 CFR Parts 2200, 2203, and 2204                        amended to ‘‘memoranda,’’ which is                    references to Rule 30 are amended to
                                                                                                   used elsewhere in the Commission                      reflect these re-designations. Third,
                                          Rules of Procedure; Regulations                          rules. Fifth, the apostrophes in the                  § 2200.73(b) references § 2200.36(c),
                                          Implementing the Government in the                       phrases ‘‘ten days’ written notice’’ and              which was re-designated as § 2200.35 in
                                          Sunshine Act; Implementation of the                      ‘‘ten days’ notice,’’ appearing in                    1992. The reference to § 2200.36(c) is
                                          Equal Access to Justice Act in                           §§ 2200.56(c) and .60, are deleted                    amended to reflect this re-designation.
                                          Proceedings Before the Occupational                      because apostrophes are not used in                   Finally, § 2200.104(d) states, ‘‘All show
                                          Safety and Health Review Commission                      other similar phrases throughout the                  cause orders issued by the Commission
                                          AGENCY: Occupational Safety and Health                   rules. Sixth, for the sake of consistency,            or Judge under paragraph (c) of this
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                                          Review Commission.                                       except where a number is the first word               section.’’ However, paragraph (c) only
                                          ACTION: Final rule; corrections and                      of a sentence, the numeral rather than                refers to action by the Commission.
                                          technical amendments.                                    the spelled-out word is now used when                 Paragraph (b), which refers to action by
                                                                                                   the number pertains to a period of time.              the Judge, does not appear to require a
                                          SUMMARY: The Occupational Safety and                     This change results in amendments to                  show cause order. The words ‘‘or Judge’’
                                          Health Review Commission (‘‘OSHRC’’)                     §§ 2200.20(a) and (b), .21(a), .40(b) and             are therefore deleted from paragraph (d).


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                                          63986            Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations

                                            OSHRC is making amendments to                         effective date requirement of 5 U.S.C.                ■  b. Adding ‘‘, 29 U.S.C. 658(a)’’
                                          §§ 2200.8(d)(2), .91(h), and .93(h), all of             553(d) because a delay in clarifying                  following the word ‘‘Act’’ in paragraph
                                          which require that parties provide the                  these rules would be contrary to the                  (i).
                                          Commission with ‘‘the original and                      public interest.                                      ■ c. Adding ‘‘, 29 U.S.C. 659(a) or (b)’’
                                          eight copies’’ of any petitions for                        Executive Orders 12866 and 13132,                  following the word ‘‘Act’’ in paragraph
                                          discretionary review and statements in                  and the Unfunded Mandates Reform                      (j).
                                          opposition to such petitions, briefs, and               Act of 1995: OSHRC is an independent                  ■ 3. Section 2200.8 is amended by:
                                          any other filings. These provisions are                 regulatory agency and, as such, is not                ■ a. Revising paragraph (d);
                                          now amended to require that parties file                subject to the requirements of E.O.                   ■ b. Removing ‘‘§ 2200.73(b)’’ in
                                          only the original document. These                       12866, E.O. 13132, or the Unfunded                    paragraph (e)(2) and adding, in its place,
                                          amendments will minimize the amount                     Mandates Reform Act, 2 U.S.C. 1501 et                 ‘‘§ 2200.73’’; and
                                          of paper waste associated with                          seq.                                                  ■ c. Removing the word ‘‘judges’’ in the
                                          Commission proceedings and ease the                        Regulatory Flexibility Act: OSHRC has              first sentence of paragraph (g)(1) and
                                          parties’ filing burden.                                 determined that this rulemaking is                    adding, in its place, the word ‘‘Judges’’.
                                          Part 2203                                               exempt from the requirements of the                      The revision reads as follows:
                                                                                                  Regulatory Flexibility Act, 5 U.S.C.
                                             OSHRC is making a grammatical                        604(a), because, as noted, a general                  § 2200.8    Filing.
                                          correction and a technical amendment                    notice of proposed rulemaking is not                  *      *   *     *      *
                                          to part 2203. Section 2203.3(b) presently               required under 5 U.S.C. 553(b).                          (d) Number of copies. Unless
                                          states that a Commission meeting may                       Paperwork Reduction Act of 1995:                   otherwise ordered or stated in this part,
                                          be closed to the public ‘‘where the                     OSHRC has determined that the                         only the original of a document shall be
                                          Commission determines that the                          Paperwork Reduction Act, 44 U.S.C.                    filed.
                                          meeting, or part of the meeting, or                     3501 et seq., does not apply because this             *      *   *     *      *
                                          information about the meeting, is likely                final rule does not contain any
                                          to: * * * (4) Disclose trade secrets and                information collection requirements that              § 2200.20    [Amended]
                                          commercial or financial information                     require the approval of OMB.                          ■  4. Section 2200.20 is amended by:
                                          obtained from a person are privileged or                   Congressional Notification: OSHRC                  ■  a. Removing the word ‘‘ten’’ in the
                                          confidential.’’ In order to clarify the                 has determined that the Congressional                 third sentence of paragraph (a) and
                                          meaning of paragraph (4), the word                      Review Act, 5 U.S.C. 801, is not                      adding, in its place, the numeral ‘‘10’’.
                                          ‘‘that’’ is added between the words                     applicable here because, pursuant to 5                ■ b. Removing the word ‘‘ten’’ in the
                                          ‘‘person’’ and ‘‘are.’’ Additionally,                   U.S.C. 804(3)(C), this final rule ‘‘does              first and second sentences of paragraph
                                          OSHRC is deleting the reference to                      not substantially affect the rights or                (b) and adding, in their place, the
                                          ‘‘Deputy General Counsel’’ in § 2203.2                  obligations of non-agency parties.’’                  numeral ‘‘10’’.
                                          because that position no longer exists.
                                                                                                  List of Subjects                                      § 2200.21    [Amended]
                                          Part 2204
                                             OSHRC is making two typographical                    29 CFR Part 2200                                      ■  5. Section 2200.21 is amended by
                                          corrections and one technical                             Administrative practice and                         removing the word ‘‘ten’’ in both the
                                          amendment to part 2204. Sections                        procedure, Hearing and appeal                         first and second sentences of paragraph
                                          2204.102(d) and 2204.108 incorrectly                    procedures.                                           (a), and adding, in their place, the
                                          reference paragraph (i) of 29 U.S.C. 661,                                                                     numeral ‘‘10’’.
                                          rather than paragraph (j) of that                       29 CFR Part 2203
                                                                                                                                                        § 2200.37    [Amended]
                                          statutory provision. OSHRC is                               Sunshine Act.
                                          correcting these typographical errors.                                                                        ■ 6. Section 2200.37 is amended by:
                                                                                                  29 CFR Part 2204                                      ■ a. Adding ‘‘, 29 U.S.C. 659(a) and (c)’’
                                          OSHRC is also amending an outdated
                                          cross-reference in § 2204.105(c). This                    Administrative practice and                         following the word ‘‘Act’’ in paragraph
                                          section cross-references § 2200.34(d),                  procedure, Equal access to justice.                   (c)(3).
                                          which was re-designated as § 2200.37(d)                                                                       ■ b. Removing ‘‘§ 2200.36(c)(2)–(c)(4)’’
                                                                                                    Signed at Washington, DC, on the 24th day
                                          in 1986. Rules of Procedure, 51 FR                      of November 2009.
                                                                                                                                                        in the last sentence of paragraph (d)(4)
                                          32002, 32008 (Sept. 8, 1986) (final rule);                                                                    and adding, in its place, ‘‘§ 2200.35(b)
                                                                                                  Thomasina V. Rogers,
                                          Rule of Procedure, 51 FR 23184, 23187                                                                         through (d)’’.
                                                                                                  Chairman.
                                          (June 25, 1986) (proposed rule).                        Horace A. Thompson III,                               § 2200.40    [Amended]
                                          II. Statutory and Executive Order                       Commissioner.                                         ■  7. Section 2200.40 is amended by:
                                          Reviews                                                                                                       ■  a. Removing the word ‘‘twenty’’ in the
                                                                                                  ■ Accordingly, 29 CFR parts 2200, 2203,
                                             Waiver of Proposed Rulemaking: The                   and 2204 are amended as follows:                      first sentence of paragraph (b) and
                                          technical amendments and corrections                                                                          adding, in its place, the numeral ‘‘20’’.
                                          to the affected sections are merely                     PART 2200—RULES OF PROCEDURE                          ■ b. Removing the word ‘‘ten’’ in the
                                          procedural in nature and propose no                                                                           first sentence of paragraph (c) and
                                          substantive changes on which public                     ■ 1. The authority citation for part 2200             adding, in its place, the numeral ‘‘10’’.
                                          comment could be solicited. OSHRC                       continues to read as follows:                         ■ c. Removing the word ‘‘five’’ in the
                                          therefore finds that prior notice and                      Authority: 29 U.S.C. 661(g), unless                second sentence of paragraph (c) and
                                          opportunity for comment on these                        otherwise noted. Section 2200.96 is also              adding, in its place, the numeral ‘‘5’’.
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                                          changes are unnecessary pursuant to 5                   issued under 28 U.S.C. 2112(a).
                                                                                                                                                        § 2200.51    [Amended]
                                          U.S.C. 553(b)(3)(A).
                                                                                                  § 2200.1    [Amended]
                                             Waiver of 30-Day Delayed Effective                                                                         ■ 8. Section 2200.51 is amended by
                                          Date Requirement: OSHRC finds that                      ■ 2. Section 2200.1 is amended by:                    removing the words ‘‘Rule 16 of the
                                          good cause exists for the final rule to be              ■ a. Adding ‘‘, 29 U.S.C. 652’’ following             Federal Rules of Civil Procedure’’ in
                                          exempt from the 30-day delayed                          the word ‘‘Act’’ in paragraph (b).                    paragraph (b) and adding, in their place,


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                                                           Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations                                          63987

                                          the words ‘‘Federal Rule of Civil                       ■ c. Removing the word ‘‘ten’’ in the                 § 2200.93    [Amended]
                                          Procedure 16’’.                                         second sentence and adding, in its                    ■  21. Section 2200.93 is amended by:
                                                                                                  place, the numeral ‘‘10’’.                            ■  a. Removing the word
                                          § 2200.52   [Amended]
                                                                                                  § 2200.61    [Amended]                                ‘‘memorandums’’ in both the first and
                                          ■ 9. Section 2200.52 is amended by:                                                                           second sentences in paragraph (e) and
                                          ■ a. Removing the words ‘‘Rule 26(a) of                 ■  12. Section 2200.61 is amended by                  adding, in their place, the word
                                          the Federal Rules of Civil Procedure’’ in               removing the citation ‘‘Fed.R.Civ.P. 56’’             ‘‘memoranda’’.
                                          paragraph (a)(1)(iii) and adding, in their              and adding, in its place, the words                   ■ b. Removing paragraph (h).
                                          place, the words ‘‘Federal Rule of Civil                ‘‘Federal Rule of Civil Procedure 56’’.               ■ c. Removing ‘‘(b) through (h)’’ in
                                          Procedure 26(a)’’.
                                          ■ b. Removing the word ‘‘seven’’ in the                 § 2200.62    [Amended]
                                                                                                                                                        paragraph (i) and adding, in its place,
                                          second sentence of paragraph (a)(2) and                                                                       ‘‘(b) through (g)’’.
                                                                                                  ■  13. Section 2200.62 is amended by                  ■ d. Redesignating paragraph (i) as
                                          adding, in its place, the numeral ‘‘7’’.
                                                                                                  removing the word ‘‘seven’’ in the first              paragraph (h).
                                          ■ c. Adding the word ‘‘the’’ before the
                                          word ‘‘Judge’’ in the second sentence of                and second sentences of paragraph (c)
                                                                                                  and adding, in their place, the numeral               § 2200.95    [Amended]
                                          paragraph (d).
                                          ■ d. Removing the word ‘‘judge’’ in the
                                                                                                  ‘‘7’’.                                                ■ 22. Section 2200.95 is amended by:
                                          last sentence of paragraph (d) and                                                                            ■ a. Removing the word ‘‘seven’’ in
                                                                                                  § 2200.64    [Amended]
                                          adding, in its place, the word ‘‘Judge’’.                                                                     paragraph (c)(1) and adding, in its place,
                                                                                                  ■  14. Section 2200.64 is amended by                  the numeral ‘‘7’’.
                                          § 2200.56   [Amended]                                   removing the word ‘‘five’’ in paragraph               ■ b. Removing the word ‘‘five’’ in the
                                          ■  10. Section 2200.56 is amended by:                   (b) and adding, in its place, the numeral             third sentence of paragraph (h)(1) and
                                          ■  a. Removing the citation ‘‘Fed.R.Civ.P.              ‘‘5’’.                                                adding, in its place, the numeral ‘‘5’’.
                                          30’’ in paragraph (a) and adding, in its
                                                                                                  § 2200.67    [Amended]                                § 2200.104   [Amended]
                                          place, the words ‘‘Federal Rule of Civil
                                          Procedure 30’’.                                         ■ 15. Section 2200.67 is amended by                   ■  23. Section 2200.104 is amended by:
                                          ■ b. Removing the word ‘‘ten’’ in both                  removing the word ‘‘judges’’ in that                  ■  a. Removing the word ‘‘five’’ in the
                                          the first and second sentences of                       section’s heading and adding, in its                  first sentence of paragraph (b)(2) and
                                          paragraph (c) and adding, in their place,               place, the word ‘‘Judges’’.                           adding, in its place, the numeral ‘‘5’’.
                                          the numeral ‘‘10’’.                                                                                           ■ b. Removing the words ‘‘or Judge’’
                                          ■ c. Removing the apostrophe following                  § 2200.68    [Amended]                                from paragraph (d).
                                          the word ‘‘days’’ in paragraph (c).                     ■ 16. Section 2200.68 is amended by
                                          ■ d. Removing the citation                                                                                    § 2200.120   [Amended]
                                                                                                  removing the word ‘‘judge’’ in that
                                          ‘‘Fed.R.Civ.P. 32’’ in paragraph (e) and                section’s heading and adding, in its                  ■  24. Section 2200.120 is amended by:
                                          adding, in its place, the words ‘‘Federal               place, the word ‘‘Judge’’.                            ■  a. Adding ‘‘section 12(g) of the Act,’’
                                          Rule of Civil Procedure 32’’.                                                                                 before the citation ‘‘29 U.S.C. 661(g)’’ in
                                          ■ e. Removing the words ‘‘Rule 32(a)(4)                 § 2200.70    [Amended]                                the first sentence of paragraph (e).
                                          of the Federal Rules of Civil Procedure’’                                                                     ■ b. Removing ‘‘section 661(g)’’ in the
                                                                                                  ■  17. Section 2200.70 is amended by
                                          in paragraph (f) and adding, in their                                                                         first sentence of paragraph (e) and
                                                                                                  removing the word ‘‘six’’ in the fourth
                                          place, the words ‘‘Federal Rule of Civil                                                                      adding, in its place, ‘‘section 12(g)’’.
                                                                                                  sentence of paragraph (f) and adding, in
                                          Procedure 32(a)(4)’’.
                                          ■ f. Removing the words ‘‘Rule 30(b)(7)
                                                                                                  its place, the numeral ‘‘6’’.                         § 2200.202   [Amended]
                                          of the Federal Rules of Civil Procedure’’               ■  18. Section 2200.73 is amended by:                 ■ 25. Section 2200.202 is amended by
                                          in paragraph (g)(1) and adding, in their                ■ a. Removing the word ‘‘five’’ in the                removing the word ‘‘two’’ in paragraph
                                          place, the words ‘‘Federal Rule of Civil                first and second sentences of paragraph               (a)(5) and adding, in its place, the
                                          Procedure 30(b)(4)’’.                                   (b) and adding, in their place, the
                                          ■ g. Removing the words ‘‘Rule 30(b)(4)
                                                                                                                                                        numeral ‘‘2’’.
                                                                                                  numeral ‘‘5’’.
                                          of the Federal Rules of Civil Procedure’’                                                                     § 2200.203   [Amended]
                                                                                                  ■ b. Removing ‘‘§ 2200.36(c)’’ in the
                                          in paragraph (h) and adding, in their
                                                                                                  fifth sentence of paragraph (b) and                   ■  26. Section 2200.203 is amended by:
                                          place, the words ‘‘Federal Rule of Civil
                                                                                                  adding, in its place, ‘‘§ 2200.35’’.                  ■  a. Removing the word ‘‘twenty’’ in the
                                          Procedure 30(b)(3)’’.
                                          ■ h. Removing the words ‘‘Rule 30(e)                    ■ c. Adding paragraph (g) to read as                  first sentence of paragraph (b) and
                                          (submission to witness) of the Federal                  follows:                                              adding, in its place, the numeral ‘‘20’’.
                                          Rules of Civil Procedure’’ in paragraph                                                                       ■ b. Removing the words ‘‘Chief Judge’’
                                                                                                  § 2200.73    Interlocutory review.                    in the first sentence of paragraph (c) and
                                          (h)(1) and adding, in their place, the
                                                                                                  *      *   *      *     *                             adding, in their place, the words ‘‘Chief
                                          words ‘‘Federal Rule of Civil Procedure
                                                                                                     (g) When filing effective. A petition for          Administrative Law Judge’’.
                                          30(e) (submission to witness)’’.
                                          ■ i. Removing the words ‘‘Rule 28(c) of
                                                                                                  interlocutory review is deemed to be                  ■ c. Removing the word ‘‘fifteen’’ in the
                                          the Federal Rules of Civil Procedure’’ in               filed only when received by the                       second sentence of paragraph (c) and
                                          paragraph (h)(3) and adding, in their                   Commission.                                           adding, in its place, the numeral ‘‘15’’.
                                          place, the words ‘‘Federal Rule of Civil                § 2200.74    [Amended]                                § 2200.204   [Amended]
                                          Procedure 28 (c)’’.
                                                                                                  ■ 19. Section 2200.74 is amended by                   ■ 27. Section 2200.204 is amended by:
                                          § 2200.60   [Amended]                                   removing the word ‘‘three’’ in the                    ■ a. Removing the words ‘‘Chief Judge’’
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                                          ■  11. Section 2200.60 is amended by:                   second sentence of paragraph (b) and                  in the last sentence of paragraph (a) and
                                          ■  a. Removing the word ‘‘thirty’’ in the               adding, in its place, the numeral ‘‘3’’.              adding, in their place, the words ‘‘Chief
                                          first sentence and adding, in its place,                                                                      Administrative Law Judge’’.
                                                                                                  § 2200.91    [Amended]
                                          the numeral ‘‘30’’.                                                                                           ■ b. Removing the word ‘‘seven’’ in the
                                          ■ b. Removing the apostrophe following                  ■ 20. Section 2200.91 is amended by                   third sentence of paragraph (b) and
                                          the word ‘‘days’’ in the second sentence.               removing paragraph (h).                               adding, in its place, the numeral ‘‘7’’.


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                                          63988             Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations

                                          § 2200.209       [Amended]                               DEPARTMENT OF THE INTERIOR                            II. Submission of the Proposed
                                                                                                                                                         Amendment
                                          ■ 28. Section 2200.209 is amended by:                    Office of Surface Mining Reclamation                     By letter dated May 19, 2009, Utah
                                          ■ a. Removing the word ‘‘Chief’’ in the                  and Enforcement                                       sent us an amendment to its program
                                          last sentence of paragraph (f) and                                                                             (SATS number: UT–046–FOR,
                                          adding, in its place, the words ‘‘Chief                  30 CFR Part 944                                       Administrative Record ID number:
                                          Administrative Law Judge’’.                                                                                    OSM–2009–0005–0002) under SMCRA
                                          ■ b. Adding a hyphen between the                         [SATS No. UT–046–FOR; Docket ID No.                   (30 U.S.C. 1201 et seq.). Utah sent the
                                          numeral ‘‘21’’ and the word ‘‘day’’ in                   OSM–2009–0005]                                        amendment at its own initiative. The
                                          the last sentence of paragraph (g).                                                                            provisions of the Utah Code Annotated
                                                                                                   Utah Regulatory Program                               that Utah proposed to revise were:
                                          PART 2203—REGULATIONS                                    AGENCY: Office of Surface Mining                      § 40–10–11(5) and § 40–10–17(6).
                                          IMPLEMENTING THE GOVERNMENT IN                           Reclamation and Enforcement, Interior.                   We announced receipt of the
                                          THE SUNSHINE ACT                                                                                               proposed amendment in the July 7,
                                                                                                   ACTION: Final rule; approval of                       2009, Federal Register (74 FR 32089). In
                                                                                                   amendment.                                            the same document, we opened the
                                          ■ 29. The authority citation for part
                                                                                                                                                         public comment period and provided an
                                          2203 continues to read as follows:                       SUMMARY: We are approving an
                                                                                                                                                         opportunity for a public hearing or
                                            Authority: 29 U.S.C. 661(g); 5 U.S.C.                  amendment to the Utah regulatory                      meeting on the amendment’s adequacy
                                          552b(d)(4); 5 U.S.C. 552b(g).                            program (the ‘‘Utah program’’) under the              (Administrative Record No. OSM–2009–
                                                                                                   Surface Mining Control and                            0005–0001). We did not hold a public
                                          § 2203.2   [Amended]                                     Reclamation Act of 1977 (‘‘SMCRA’’ or                 hearing or meeting because no one
                                                                                                   ‘‘the Act’’). Utah proposed revisions to              requested one. The public comment
                                          ■ 30. Section 2203.2 is amended by                       statutes pertaining to remining. Utah
                                          removing ‘‘, the Deputy General                                                                                period ended on August 6, 2009. We
                                                                                                   revised its program to remain consistent              received one comment from a Federal
                                          Counsel,’’ in the definition of ‘‘General                with the Federal Program.                             agency (discussed under ‘‘IV. Summary
                                          Counsel.’’
                                                                                                   DATES: Effective Date: December 7, 2009.              and Disposition of Comments’’).
                                          § 2203.3   [Amended]                                     FOR FURTHER INFORMATION CONTACT:                      III. OSM’s Findings
                                                                                                   James F. Fulton, Denver Field Division
                                          ■ 31. Section 2203.3 is amended by                       Chief. Telephone: (303) 293–5015.                        Following are the findings we made
                                          adding the word ‘‘that’’ between the                     Internet address: jfulton@osmre.gov.                  concerning the amendment under
                                          words ‘‘person’’ and ‘‘are’’ in paragraph                                                                      SMCRA and the Federal regulations at
                                                                                                   SUPPLEMENTARY INFORMATION:                            30 CFR 732.15 and 732.17. We are
                                          (b)(4).
                                                                                                   I. Background on the Utah Program                     approving the amendment.
                                          PART 2204—IMPLEMENTATION OF                              II. Submission of the Proposed Amendment                 Utah proposed deletions from two
                                          THE EQUAL ACCESS TO JUSTCE ACT                           III. Office of Surface Mining Reclamation and         statutory provisions at UCA § 40–10–
                                                                                                         Enforcement’s (OSM’s) Findings                  11(5)(c) and § 40–10–17(6). These
                                          IN PROCEEDINGS BEFORE THE
                                                                                                   IV. Summary and Disposition of Comments               deletions correspond to revisions that
                                          OCCUPATIONAL SAFETY AND                                  V. OSM’s Decision
                                          HEALTH REVIEW COMMISSION                                                                                       were made to SMCRA on December 20,
                                                                                                   VI. Procedural Determinations
                                                                                                                                                         2006 (HR 6111, Tax Relief and Health
                                                                                                   I. Background on the Utah Program                     Care Act of 2006). The language deleted
                                          ■ 32. The authority citation for part
                                                                                                                                                         from SMCRA contained a termination
                                          2204 continues to read as follows:                          Section 503(a) of the Act permits a                date for two remining provisions. Utah
                                            Authority: Sec. 203(a)(1), Pub. L. 96–481,             State to assume primacy for the                       has proposed to delete its corresponding
                                          94 Stat. 2325 (5 U.S.C. 504(c)(1)); Pub. L. 99–          regulation of surface coal mining and                 termination dates, thereby retaining its
                                          80, 99 Stat. 183.                                        reclamation operations on non-Federal                 remining provisions which were also
                                                                                                   and non-Indian lands within its borders               slated to expire. As a result of these
                                          § 2204.102       [Amended]                               by demonstrating that its State program               changes, Utah’s Program remains
                                                                                                   includes, among other things, ‘‘a State               consistent with the Federal Program.
                                          ■ 33. Section 2204.102 is amended by                     law which provides for the regulation of                 Deleted UCA subsection 40–10–
                                          removing ‘‘661(i)’’ in paragraph (d) and                 surface coal mining and reclamation                   11(5)(c) corresponded to prior SMCRA
                                          adding, in its place, ‘‘661(j)’’.                        operations in accordance with the                     § 510(e). In the December 20, 2006
                                                                                                   requirements of this Act * * *; and                   revisions to SMCRA, Congress deleted
                                          § 2204.105       [Amended]
                                                                                                   rules and regulations consistent with                 the termination provision in § 510(e)
                                          ■  34. Section 2204.105 is amended by                    regulations issued by the Secretary                   pertaining to both § 510(e) and
                                          removing ‘‘§ 2200.34(d)’’ in paragraph                   pursuant to this Act.’’ See 30 U.S.C.                 515(b)(20)(B). The Utah remining
                                          (c) and adding, in its place,                            1253(a)(1) and (7). On the basis of these             provision to be retained through the
                                          ‘‘§ 2200.37(d)’’.                                        criteria, the Secretary of the Interior               deletion of this termination date is UCA
                                                                                                   conditionally approved the Utah                       § 40–10–11(5), which corresponds to the
                                          § 2204.108       [Amended]                               program on January 21, 1981. You can                  remaining portions of SMCRA section
                                                                                                   find background information on the                    510(e).
                                          ■ 35. Section 2204.108 is amended by                     Utah program, including the Secretary’s                  Deleted UCA subsection 40–10–17(6)
                                          removing ‘‘661(i)’’ in the first sentence                findings, the disposition of comments,                also corresponded to the termination
erowe on DSK5CLS3C1PROD with RULES




                                          and adding, in its place, ‘‘661(j)’’.                    and conditions of approval of the Utah                date under prior SMCRA § 510(e). The
                                          [FR Doc. E9–28845 Filed 12–4–09; 8:45 am]                program in the January 21, 1981 Federal               Utah remining provision to be retained
                                          BILLING CODE P
                                                                                                   Register (46 FR 5899). You can also find              through the deletion of this termination
                                                                                                   later actions concerning Utah’s program               date is UCA § 40–10–17(2)(t)(ii). This
                                                                                                   and program amendments at                             part corresponds to SMCRA
                                                                                                   30 CFR 944.15, and 944.30.                            § 515(b)(20)(B).


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