Rule2023-00990
Practices Before the Department of the Interior
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 30, 2023
Effective
March 16, 2023
Issuing agencies
Interior Department
Abstract
The Office of Hearings and Appeals (OHA) is amending department regulations to provide parties to a hearing or appeal the option of sending and receiving documents electronically; to specifically recognize the OHA Director's authority to issue Standing Orders to provide procedural information to parties and the public; and to make clear that OHA will communicate information on how and where to file and serve documents through OHA Standing Orders issued by the Director and posted on OHA's Department of the Interior website. This rule removes specific office addresses, some outdated, from the regulatory text and provides for up-to-date contact information to be provided in OHA Standing Orders on Contact Information. This rule further provides that OHA may issue Standing Orders to provide procedural information in an emergency or to address an immediate need, such as an office closure, natural disaster or other unanticipated event. This rule, and the associated Standing Orders, would not add to, change, or diminish any substantive rights of any parties or the public.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5789-5796]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00990]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 4
[Docket No. DOI-2022-0010; 223D0102DM; DS68200000; DMSN00000.000000;
DX68201DAGENLAM]
RIN 1094-AA56
Practices Before the Department of the Interior
AGENCY: Office of Hearings and Appeals, Interior.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Hearings and Appeals (OHA) is amending
department regulations to provide parties to a hearing or appeal the
option of sending and receiving documents electronically; to
specifically recognize the OHA Director's authority to issue Standing
Orders to provide procedural information to parties and the public; and
to make clear that OHA will communicate information on how and where to
file and serve documents through OHA Standing Orders issued by the
Director and posted on OHA's Department of the Interior website. This
rule removes specific office addresses, some outdated, from the
regulatory text and provides for up-to-date contact information to be
provided in OHA Standing Orders on Contact Information. This rule
further provides that OHA may issue Standing Orders to provide
procedural information in an emergency or to address an immediate need,
such as an office closure, natural disaster or other unanticipated
event. This rule, and the associated Standing Orders, would not add to,
change, or diminish any substantive rights of any parties or the
public.
DATES: This rule is effective on March 16, 2023 without further notice,
unless OHA receives significant adverse written comment by March 1,
2023 on the amendments. If significant adverse comments are received on
the amendments, OHA will publish a timely withdrawal in the Federal
Register clarifying which provisions will become effective and which
provisions are being withdrawn due to adverse comment.
ADDRESSES: You may send comments, identified by Docket No. DOI-2022-
0010 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: Office of Hearings and Appeals, 801 North Quincy
Avenue, Suite 300, Arlington, VA 22203.
<bullet> Hand/Courier Delivery: Office of Hearings and Appeals, 801
North Quincy Avenue, Suite 300, Arlington, VA 22203. OHA's hours of
operation are 8:30 a.m.-4:30 p.m., Monday-Friday (except federal
holidays).
Instructions: All submissions received must include Docket No. DOI-
2022-0010 for this rulemaking. Comments received may be posted without
change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Rachel Lukens, Counsel to the
Director, Office of Hearings and Appeals, <a href="/cdn-cgi/l/email-protection#12565b40527d7a733c767d7b3c757d64"><span class="__cf_email__" data-cfemail="f4b0bda6b49b9c95da909b9dda939b82">[email protected]</span></a>, (703) 235-
3810. Individuals in the United States who are deaf, blind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: OHA is modernizing its practice and
improving services to the parties who appear before OHA and the public.
OHA is issuing this rule to update its regulations in 43 CFR part 4 to
provide the option to send and receive documents electronically, obtain
up-to-date contact information and procedural information through the
use of Standing Orders, and to remove outdated or unnecessary
references in the existing regulations. These revisions do not impose
new obligations on parties or the public. For example, parties may
still submit paper documents but will have the option under the revised
regulations to submit documents electronically.
Because the rule does not diminish any substantive rights or
require parties to alter their current procedural practices, we are
publishing this rule without a prior proposal because of its
noncontroversial nature. Nonetheless, this rule will not become
effective until the date specified in DATES so that we may receive
public comment on the rule. If we receive significant adverse comments
by the comment due date specified in DATES, we will publish a document
in the Federal Register withdrawing the rule, in whole or in part,
before the rule goes into effect. Significant adverse comments are
comments that provide strong justification as to why our rule should
not be adopted or why it should be changed.
The backdrop for this Direct Final Rule is OHA's interest in
providing electronic transmission options as an improved service as
well as establishing how it will communicate new processes as they are
developed. In March 2020, at the onset of the COVID-19 pandemic, OHA
reviewed its options to use existing technology to quickly meet the
needs of parties, the public, and its employees and posted this
information on the OHA website. OHA offered, where possible, the option
of using electronic mail to transmit documents to certain OHA units,
allowing many cases to proceed without the need for trips to the office
or post office. This was intended to serve as a limited short-term
solution since electronic mail restricts the size of the files that may
be transmitted and because OHA's regulations, in some subparts,
utilized terms, such as references to paper, that potentially limited
OHA's ability to offer an electronic transmission option.
[[Page 5790]]
As a long-term solution, OHA has acquired a comprehensive
electronic filing and case docket management system and is presently
working on its development and deployment. To accompany this effort,
this rule removes potential regulatory constraints to fully offering
electronic transmission options by providing for consistent language
describing the available options to file, serve, and receive documents
electronically under specified conditions. The rule does not remove
paper or mail transmission options but using terms that are more
inclusive to provide for the added option of electronic transmission.
OHA also considered how best to provide parties and the public with
procedural information on how to file, serve, and transmit documents
electronically, as well as provide them with other information such as
up-to-date office addresses. Fixing in regulation this type of
information creates potential problems for parties because the
information can quickly become outdated. To address this problem,
consistent with existing practice, OHA decided to use Standing Orders
issued by the Director of OHA as the mechanism for communicating up-to-
date information to the parties and the public. Using Standing Orders
rather than some other type of guidance aligns with how OHA
communicates to interested individuals or parties in an administrative
adjudicative setting. A Standing Order issued by the OHA Director
applies to all cases or appeals filed with OHA, and it is issued under
the Director's authority to issue general notices pertaining to the
functions assigned to OHA under 212 Departmental Manual (DM) 13.7. This
rule amends the current regulations in 43 CFR part 4 to explicitly
recognize the Director's authority to issue Standing Orders.
Standing Orders on Electronic Transmission will provide the options
and procedures for electronic transmission of documents and will be
updated as procedures under the electronic filing system are deployed,
improved, and potentially expanded. Standing Orders on Contact
Information will provide the contact information for Department offices
that the rule removes from the regulatory text (some of which is
outdated). By providing this information in a Standing Order, if an
office moves to a new location or its contact information otherwise
changes, updates may be made without the need to promulgate new
regulations. And finally, if OHA has an emergency or immediate need,
such as an unexpected closure of an office, the rule allows the OHA
Director to issue Standing Orders to communicate to parties who have a
pending appeal or a scheduled hearing or those members of the public
seeking an appeal or hearing what processes are being used to address
the particular situation. The OHA Director may issue more than one
Standing Order on a topic.
The use of OHA Standing Orders will provide parties and the public
with up-to-date information that is easily referenced and in a format
that may be sent individually or as an attachment, in paper or
electronically, when needed. OHA would otherwise post this information
on the website directly.
This rule makes other miscellaneous corrections, such as revising
outdated references, such as those to ``Examiners'' who no longer exist
in the context of the regulation, and to the ``Board of Contract
Appeals,'' which was abolished by Congress, effective January 6, 2007,
with its functions transferred to a new Civilian Board of Contract
Appeals (CBCA) within the General Services Administration. The rule
corrects several inaccurate references. OHA is taking this action under
its authority, at 5 U.S.C. 552, to publish regulations in the Federal
Register.
Below are tables summarizing various changes:
OHA Standing Orders
------------------------------------------------------------------------
Existing Proposed language Sections affected
------------------------------------------------------------------------
None........................ Adds that the Sec. 4.5(b).
Director may issue
OHA Standing
Orders, to be
available on the
Department of the
Interior OHA
website.
------------------------------------------------------------------------
Contact Information
------------------------------------------------------------------------
Existing language Proposed language Sections affected
------------------------------------------------------------------------
Indicates that Part 2 Deletes reference to Sec. 4.4.
includes a list of field a list of field
offices. offices since Part
2 has been updated
to refer to the
FOIA website; Adds
reference to the
OHA Standing Orders
on Contact
Information.
Refers to addresses, city, Removes address, Sec. 4.321, Sec.
or state. city or state. 4.332, Sec.
In some cases, 4.356, Sec.
specifically 4.413, Sec.
references the OHA 4.400, Sec.
Standing Orders on 4.472, Sec.
Contact Information. 4.909, Sec.
4.1107, Sec.
4.1109, Sec.
4.1129, Sec.
4.1150, Sec.
4.1161, Sec.
4.1182, Sec.
4.1190, Sec.
4.1191, Sec.
4.1200, Sec.
4.1202, Sec.
4.1203, Sec.
4.1262, Sec.
4.1303, Sec.
4.1266, Sec.
4.1271, Sec.
4.1282, Sec.
4.1283, Sec.
4.1301, Sec.
4.1352, Sec.
4.1362, Sec.
4.1367, Sec.
4.1371, Sec.
4.1376, Sec.
4.1381, Sec.
4.1386, Sec.
4.1391, Sec.
4.1604.
------------------------------------------------------------------------
Electronic Transmission
------------------------------------------------------------------------
Existing Proposed language Sections affected
------------------------------------------------------------------------
None........................ New paragraph or Sec. 4.5(b), Sec.
language or cross 4.22(g), Sec.
reference 4.310 (b), Sec.
concerning option 4.310 (f), Sec.
for the Electronic 4.323(d), Sec.
Transmission of 4.324(c)(4), Sec.
Documents. 4.333(b), Sec.
4.401(c)(4);
(d)(1), Sec.
4.401(e), Sec.
4.413(h), Sec.
4.422(e), Sec.
4.477, Sec.
4.620(b), Sec.
4.701, Sec.
4.703(b), Sec.
4.813(d), Sec.
4.909(b)(1), Sec.
4.909(g), Sec.
4.1011(e), Sec.
4.1012(e), Sec.
4.1013(c), Sec.
4.1107(a) Sec.
4.1107(c), Sec.
4.1107(f), Sec.
4.1107(g), Sec.
4.1107(h), Sec.
4.1109(b), Sec.
4.1109(c), Sec.
4.1114(c).
Refers to ``Paper''......... Replaces with Sec. 4.22 Sec.
``document''. 4.24, Sec. 4.450-
4, Sec. 4.450-6,
Sec. 4.480(a).
[[Page 5791]]
Utilize terms ``compact Replaces with term Sec. 4.401, Sec.
disc'', ``facsimile'', ``electronic 4.909, Sec.
``telefax'', transmission''. 4.1012, Sec.
``telegraphic''. 4.422, Sec.
4.1114.
------------------------------------------------------------------------
Removing Other Outdated or Incorrect References and Corrections
------------------------------------------------------------------------
Existing language Proposed language Sections affected
------------------------------------------------------------------------
Refers to ``Contract Board Removes that Sec. 4.5, Sec.
of Appeals''. reference as 4.602.
Contract Board
Appeals no longer
exists.
Refers to ``Examiner''...... Replaces with Sec. 4.26, Sec.
Administrative Law 4.432.
Judge as Examiners
are no longer used.
Outdated reference to Replaces with Sec. 4.400.
``Bureau of Ocean Energy references to the
Management, Regulation and ``Bureau of Ocean
Enforcement'' or makes no Energy Management''
reference. and the ``Bureau of
Safety and
Environmental
Enforcement'',
which were created
since the
regulations were
promulgated.
Reference to Sec. 4.410(b) Corrects reference Sec. 4.412.
to Sec. 4.410(e),
(b) was
redesignated as (e)
in 2003.
------------------------------------------------------------------------
Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and E.O. 13563)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this rule in a manner consistent with these
requirements.
B. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
It does not change current funding requirements and would not impose
any economic effects on small governmental entities.
C. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. It does not add to,
change, or diminish any substantive rights of any parties or the
public. It provides parties to OHA proceedings the option to file
documents electronically, removes outdated information and references,
and authorizes the use of OHA Standing Orders as the means of
communicating current information on contract information, electronic
filing, and other procedural matters. This rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of the
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under E.O. 12630. A takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. A federalism summary impact
statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule: (a) meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined there are no substantial direct
effects on federally recognized Indian Tribes that will result from
this rulemaking.
I. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
[[Page 5792]]
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because this is an administrative and procedural regulation
under 43 CFR 46.210(i). We have also determined that this rule does not
involve any of the extraordinary circumstances listed in 43 CFR 46.215
that would require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
L. Clarity of This Regulation (Plain Language)
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you believe lists or tables would be
useful, etc.
M. Public Availability of Comments
You may submit your comments and materials regarding this direct
final rule by one of the methods listed in ADDRESSES. We will post all
comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This generally means that we
will post any personal information you include with your comment.
Comments and materials we receive will be available for public
inspection on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. However, the
comment will not be publicly viewable until we post it, which might not
be immediate (see FOR FURTHER INFORMATION CONTACT).
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 43 CFR Part 4
Administrative practice and procedure, Claims, Equal access to
justice.
Regulation Promulgation
For the reasons stated in the preamble, the Department of the
Interior, Office of Hearings and Appeals, amends Part 4 in title 43 of
the Code of Federal Regulations to read as follows:
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES
0
1. The authority citation for part 4 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9.
0
2. In Sec. 4.4, revise the second sentence to read as follows:
Sec. 4.4 Public records; locations of field offices.
* * * Contact information for offices referenced in part 4 is
available in the OHA Standing Orders on Contact Information on the
Department of the Interior OHA website.
0
3. In Sec. 4.5:
0
a. In paragraph (a) introductory text, remove the word ``him'' and add
in its place ``the Secretary''.
0
b. In paragraph (a)(1), remove the phrase ``, except a case before the
Board of Contract Appeals which is subject to the Contract Disputes Act
of 1978'';
0
c. In paragraph (a)(2), remove the phrase ``, except a decision by the
Board of Contract Appeals which is subject to the Contract Disputes Act
of 1978''; and
0
d. Revise paragraph (b).
The revision reads as follows:
Sec. 4.5 Power of the Secretary and Director.
* * * * *
(b) Pursuant to his delegated authority from the Secretary, the
Director may assume jurisdiction of any case before any board of the
Office or review any decision of any board of the Office or direct
reconsideration of any decision by any board of the Office. The
Director may issue Standing Orders to convey current information to
parties and the public. This includes, but is not limited to, the OHA
Standing Orders on Contact Information and the OHA Standing Orders on
Electronic Transmission to convey information related to electronic
transmission, including filing and service. OHA Standing Orders may be
issued related to emergency or other contingency. OHA Standing Orders
are available on the Department of the Interior OHA website.
* * * * *
0
4. In Sec. 4.22:
0
a. Revise the section heading;
0
b. In paragraph (c), in the first sentence remove the word ``papers,'';
and
0
c. Add paragraph (g).
The revision and addition read as follows:
Sec. 4.22 Documents; filing and service.
* * * * *
(g) Electronic transmission of documents. A document may be
electronically transmitted under the terms of specified in the OHA
Standing Orders on Electronic Transmission issued by the Director. When
done in accordance with the Standing Orders, a document may be:
(1) Filed by electronic transmission; and
(2) Served on or transmitted to a person or party by electronic
transmission, if that person or party has consented to such means.
Sec. 4.24 [Amended]
0
5. In Sec. 4.24, in paragraph (a)(1), remove the word ``papers'' and
add in its place the word ``documents''.
Sec. 4.26 [Amended]
0
6. In Sec. 4.26, in paragraph (b), remove the word ``examiner'' and
add in its place ``administrative law judge''.
Sec. 4.30 [Amended]
0
7. In Sec. 4.30, remove the words ``which he considers to be'' and add
in their place ``considered''.
0
8. In Sec. 4.31, revise paragraph (c)(2) to read as follows:
Sec. 4.31 Request for limiting disclosure of confidential
information.
* * * * *
(c) * * *
(2) Not to retain in any format, and to return all physical copies
of the information at the conclusion of the proceeding to the person
submitting the information under paragraph (a) of this section.
* * * * *
[[Page 5793]]
Subpart D--Rules Applicable in Indian Affairs Hearings and Appeals
0
9. In Sec. 4.201, add a definition in alphabetical order for ``OHA''
to read as follows:
Sec. 4.201 Definitions.
* * * * *
OHA means Office of Hearings and Appeals, Department of the
Interior.
* * * * *
0
10. In Sec. 4.310:
0
a. Revise paragraph (a)(1);
0
b. Revise the heading of paragraph (b) and paragraph (b) introductory
text;
0
c. Add paragraph (f).
The revisions and addition read as follows:
Sec. 4.310 Documents.
(a) * * *
(1) For most documents, the date of mailing, the date of personal
delivery, or the date of electronic transmission to the Board in
accordance with paragraph (f); or
* * * * *
(b) Serving notices of appeal and other documents. Any party filing
a notice of appeal or other document before the Board must serve copies
on all interested parties in the proceeding. Service must be
accomplished by personal delivery, mailing, or electronic transmission
in accordance with paragraph (f).
* * * * *
(f) Electronic transmission of documents. A document may be
electronically transmitted under the terms specified in the OHA
Standing Orders on Electronic Transmission issued by the Director. When
done in accordance with the Standing Orders, a document may be:
(1) Filed by electronic transmission; and
(2) Served on or transmitted to a person or party by electronic
transmission, if that person or party has consented to such means.
Sec. 4.321 [Amended]
0
11. In Sec. 4.321:
0
a. In paragraph (a), remove the words ``we have'' and add in their
place ``the judge has'' and remove the word ``judge's''.
0
b. In paragraph (b), remove the phrase ``, Office of Hearings and
Appeals, U.S. Department of the Interior, 801 North Quincy Street,
Arlington, Virginia 22203''.
0
12. In Sec. 4.323, add paragraph (d) to read as follows:
Sec. 4.323 Who receives service of the notice of appeal?
* * * * *
(d) A notice of appeal may be electronically filed or served in
accordance with Sec. 4.310(f).
Sec. 4.324 [Amended]
0
13. In Sec. 4.324, in paragraph (c)(4), add the words ``, electronic
transmission in accordance with Sec. 4.310(f),'' after ``certified
mail''.
Sec. 4.333 [Amended]
0
14. In Sec. 4.333, in paragraph (b), add the words, ``or electronic
transmission in accordance with Sec. 4.310(f)'' after ``mailing''.
Sec. 4.356 [Amended]
0
15. In Sec. 4.356, in paragraph (a), remove the phrase, ``(address:
Board of Indian Appeals, Office of Hearings and Appeals, 801 North
Quincy Street, Arlington, Virginia 22203)''.
Subpart E--Special Rules Applicable to Public Land Hearings and
Appeals
0
16. In Sec. 4.400:
0
a. In the definition of ``Board,'' remove ``in the Office of Hearings
and Appeals. The address of the Board is 801 N Quincy Street, Suite
300, Arlington, Virginia 22203. The telephone number is 703-235-3750,
and the facsimile number is 703-235-8349''.
0
b. Remove the definition of ``BOEMRE'';
0
c. Add definitions in alphabetical order for ``BOEM'' and ``BSEE''; and
0
d. In the definition of ``Bureau or Office'', remove ``BOEMRE,'' and
add in its place, ``BOEM, BSEE''.
The additions read as follows:
Sec. 4.400 Definitions.
* * * * *
BOEM means the Bureau of Ocean Energy Management.
BSEE means the Bureau of Safety and Environmental Enforcement.
* * * * *
0
17. In Sec. 4.401:
0
a. Revise the section heading;
0
b. In paragraphs (c)(4)(i)(D) and (c)(4)(ii)(D), remove the words ``,
means such as electronic mail or facsimile,'' wherever they appear and
add in their place ``transmission'';
0
c. In paragraph (c)(6)(iii), remove the word ``means'' and add in its
place ``transmission'';
0
d. In paragraph (d)(1) introductory text, add a sentence at the end of
the paragraph; and
0
e. Add paragraph (e).
The revision and additions read as follows:
Sec. 4.401 Documents; filing and service.
* * * * *
(d) * * *
(1) * * * A document filed with the Board by electronic
transmission in a case must also comply with the requirements
established in the OHA Standing Orders on Electronic Transmission, and
the following requirements apply to any pleading, motion, brief, or
other document filed in a case under this subpart, other than an
exhibit of the administrative record.
(e) Electronic transmission of documents. A document may be
electronically transmitted under the terms specified in of OHA Standing
Orders on Electronic Transmission issued by the Director. When done in
accordance with the Standing Orders, a document may be:
(1) Filed by electronic transmission; and
(2) Served on or transmitted to a person or party by electronic
transmission, if that person or party has consented to such means.
Sec. 4.412 [Amended]
0
18. In Sec. 4.412, in paragraph (b), remove ``Sec. 4.410(b)'' and add
in its place ``Sec. 4.410(e)''.
0
19. In Sec. 4.413, revise paragraphs (c) through (e) to read as
follows:
Sec. 4.413 Service of notice of appeal.
* * * * *
(c) The appellant must serve a copy of the notice of appeal on the
Office of the Solicitor as identified in OHA Standing Orders on Contact
Information.
(d) This paragraph (d) applies to any appeal taken from a decision
of a BLM State Office, including all District, Field, and Area Offices
within that State Office's jurisdiction. The appellant must serve
documents on the Office of the Solicitor as identified in the OHA
Standing Orders on Contact Information.
(e) A notice of appeal may be electronically filed or served in
accordance with Sec. 4.401(e).
* * * * *
0
20. In Sec. 4.422:
0
a. Revise the section heading;
0
b. In paragraph (c)(4), remove the words ``means, such as electronic
mail or facsimile'' wherever they appear and add in their place
``transmission'';
0
c. In paragraph (c)(6), remove the word ``means'' and add in its place
``transmission''; and
0
d. Add paragraph (e).
The revision and addition read as follows:
Sec. 4.422 Documents; filing and service.
* * * * *
[[Page 5794]]
(e) Electronic transmission of documents. A document may be
electronically transmitted under the terms of the OHA Standing Orders
on Electronic Transmission issued by the Director. When done in
accordance with the Standing Orders, a document may be:
(1) Filed by electronic transmission; and
(2) Served on or transmitted to a person or party by electronic
transmission if that person or party has consented to such means.
Sec. 4.432 [Amended]
0
21. In Sec. 4.432, in paragraph (b), remove the word ``examiner'' and
add in its place ``administrative law judge''.
Sec. 4.450-4 [Amended]
0
22. In Sec. 4.450-4, in paragraph (a)(8), remove the word ``papers''
and add in its place the word ``documents''.
Sec. 4.450-6 [Amended]
0
23. In Sec. 4.450-6, remove the word ``papers'' and add in its place
the word ``documents''.
Sec. 4.472 [Amended]
0
24. In Sec. 4.472, in paragraph (a), remove the phrase ``, Salt Lake
City, Utah''.
Sec. 4.477 [Amended]
0
25. In Sec. 4.477, in the last sentence, add the words ``or by
electronic transmission if the parties consented to such means under
the terms of OHA Standing Orders on Electronic Transmission'' after
``to all the parties''.
Sec. 4.480 [Amended]
0
26. In Sec. 4.480, in paragraph (a), remove the word ``papers'' and
add in its place the word ``documents''.
Subpart F--Implementation of Equal Access to Justice Act in Agency
Proceedings
Sec. 4.602 [Amended]
0
27. In Sec. 4.602, in the definition of ``Adversary adjudication,''
remove paragraph (2) and redesignate paragraphs (3) and (4) as
paragraphs (2) and (3).
0
28. In Sec. 4.620, designate the existing text as paragraph (a) and
add paragraph (b) to read as follows:
Sec. 4.620 How must I file and serve documents?
* * * * *
(b) A document may be electronically transmitted under the terms
specified in the OHA Standing Orders on Electronic Transmission issued
by the Director. When done in accordance with the Standing Orders, a
document may be:
(1) Filed by electronic transmission; and
(2) Served on or transmitted to a person or party by electronic
transmission if that person or party has consented to such means.
Subpart G--Special Rules Applicable to Other Appeals and Hearings
Sec. 4.701 [Amended]
0
29. In Sec. 4.701, add the words ``or electronically transmit under
the terms of OHA Standing Orders'' before the words ``copy of the
notice of appeal''.
0
30. In Sec. 4.703, revise the section heading, designate the existing
text as paragraph (a), and add paragraph (b).
The revision and addition read as follows:
Sec. 4.703 Documents; filing and service.
* * * * *
(b) A document may be electronically transmitted under the terms
specified in the OHA Standing Orders on Electronic Transmission issued
by the Director. When done in accordance with the Standing Orders, a
document may be:
(1) Filed by electronic transmission; and
(2) Served on or transmitted to a person or party by electronic
transmission if that person or party has consented to such means.
Subpart I--Special Procedural Rules Applicable to Practice and
Procedure for Hearings, Decisions, and Administrative Review Under
Part 17 of This Title--Nondiscrimination in Federally Assisted
Programs of the Department of the Interior--Effectuation of Title
VI of the Civil Rights Act of 1964
0
31. In Sec. 4.813, add paragraph (d) to read as follows:
Sec. 4.813 Filing and service.
* * * * *
(d) A document may be electronically transmitted under the terms
specified in Sec. 4.22, subpart B.
Subpart J--Special Rules Applicable to Appeals Concerning Federal
Oil and Gas Royalties
0
32. In Sec. 4.903, add a definition in alphabetical order for ``OHA''
to read as follows:
Sec. 4.903 Definitions.
* * * * *
OHA means Office of Hearings and Appeals, Department of the
Interior.
* * * * *
0
33. In Sec. 4.909:
0
a. In paragraph (b)(1):
0
i. Remove the words ``801 North Quincy Street, Arlington, Virginia
22203'';
0
ii. Remove the words ``telefax to (703) 235-8349'' and add in their
place ``electronic transmission under the terms of OHA Standing Orders
on Electronic Transmission''; and
0
b. Add paragraph (g).
The addition reads as follows:
Sec. 4.909 How do I request an extension of time?
* * * * *
(g) A document may be electronically transmitted under the terms
specified in the OHA Standing Orders on Electronic Transmissions.
Subpart K--Hearing Process Concerning Acknowledgment of American
Indian Tribes
0
34. In Sec. 4.1001, add a definition in alphabetical order for ``OHA''
to read as follows:
Sec. 4.1001 What terms are used in this subpart?
* * * * *
OHA means Office of Hearings and Appeals, Department of the
Interior.
* * * * *
0
35. In Sec. 4.1012:
0
a. In paragraph (a), revise the second sentence;
0
b. In paragraph (b)(1)(ii), remove the word ``or'';
0
c. In paragraph (b)(2), add the phrase ``made under paragraphs
(b)(1)(i) through (iii) of this section'' after ``any filing'' and
remove the words ``on compact disc''; and
0
d. Add paragraph (e).
The revision and addition read as follows:
Sec. 4.1012 Where and how must documents be filed?
(a) * * * DCHD's contact information is identified in the OHA
Standing Orders on Contact Information.
* * * * *
(e) A document may be electronically transmitted under the terms
specified in OHA Standing Orders on Electronic Transmission.
0
36. In Sec. 4.1013:
0
a. In paragraph (c)(3)(iii), remove the period and add ``; or'' its
place; and
0
b. Add paragraph (c)(4).
The addition reads as follows:
Sec. 4.1013 How must documents be served?
* * * * *
(c) * * *
(4) By transmitting the document electronically if there is
electronic
[[Page 5795]]
confirmation that the transmission was successful and if under the
terms specified in OHA Standing Orders.
* * * * *
Subpart L--Special Rules Applicable to Surface Coal Mining Hearings
and Appeals
0
37. In Sec. 4.1100:
0
a. Remove the paragraph designations; and
0
b. Add in alphabetical order a definition for ``Hearings Division''.
The addition reads as follows:
Sec. 4.1100 Definitions.
* * * * *
Hearings Division means the Departmental Cases Hearings Division,
Office of Hearings and Appeals.
* * * * *
0
38. In Sec. 4.1107 revise paragraphs (a), (c), (d), (f), (g), and (h)
to read as follows:
Sec. 4.1107 Filing of documents.
(a) Any initial pleadings in a proceeding to be conducted or being
conducted by an administrative law judge under these rules shall be
filed with the Hearings Division by hand or by mail under the terms
specified in the Standing Orders on Contact Information or by
electronic transmission under the terms specified in OHA Standing
Orders on Electronic Transmission.
* * * * *
(c) Any notice of appeal, petition for review or other documents in
a proceeding to be conducted or being conducted by the Board shall be
filed with the Board of Land Appeals by hand or by mail under the terms
specified in the OHA Standing Orders on Contact Information or by
electronic transmission under the terms specified in OHA Standing
Orders on Electronic Transmission.
(d) Any person filing initial pleadings with the Hearings Division
or a notice of appeal with the Board by hand or by mail shall furnish
an original and one copy. Any person filing other documents with OHA by
hand or by mail shall furnish only an original.
* * * * *
(f) The effective filing date for documents initiating proceedings
before the Hearings Division, OHA, Arlington, VA, shall be the date of
receipt in that office, if filed by hand, or the date such document is
postmarked, if filed by mail, or the date of electronic transmission
under the terms specified in the OHA Standing Orders on Electronic
Transmission.
(g) The effective filing date for a notice of appeal or a petition
for discretionary review filed with the Board shall be the date of
mailing or the date of personal delivery or the date of electronic
transmission under the terms specified in the OHA Standing Orders on
Electronic Transmission, except the effective filing date for a notice
of appeal from a decision in an expedited review of a cessation order
proceeding or from a decision in a suspension or revocation proceeding
shall be the date of receipt of the document by the Board. The burden
of establishing the date of mailing shall be on the person filing the
document.
(h) The effective filing date for all other documents filed with an
administrative law judge or with the Board shall be the date of mailing
or personal delivery or electronic transmission under the terms
specified in the OHA Standing Orders on Electronic Transmission. The
burden of establishing the date of mailing shall be on the person
filing the document.
0
39. In Sec. 4.1109 revise paragraphs (a)(2), (b), and (c) to read as
follows:
Sec. 4.1109 Service.
(a) * * *
(2) The jurisdictions, addresses, and telephone numbers of the
applicable officers of the Office of the Solicitor to be served under
paragraph (a)(1) of this section are identified in the OHA Standing
Orders on Contact Information.
* * * * *
(b) Copies of documents by which any proceeding is initiated shall
be served on all statutory parties personally or by registered or
certified mail, return receipt requested, or by electronic transmission
under the terms of the OHA Standing Orders on Electronic Transmission.
All subsequent documents shall be served personally or by first class
mail or by electronic transmission under the terms of the OHA Standing
Orders on Electronic Transmission.
(c) Service of copies of all documents is complete at the time of
personal service or, if service is made by mail, upon receipt, or, if
service is made by electronic transmission, at the time of
transmission.
* * * * *
0
40. In Sec. 4.1114, revise paragraph (c) to read as follows:
Sec. 4.1114 Advancement of proceedings.
* * * * *
(c) Service of a motion under this section shall be accomplished by
personal delivery or telephonic communication followed by mail or by
electronic transmission under the terms specified in the OHA Standing
Orders on Electronic Transmission. Service is complete upon mailing or,
if service is made by electronic transmission, at the time of
transmission.
* * * * *
Sec. 4.1129 [Amended]
0
41. In Sec. 4.1129, remove ``, Arlington, Va''.
Sec. 4.1150 [Amended]
0
42. In Sec. 4.1161, remove the phrase ``, 801 North Quincy Street,
Arlington, Va. 22203''.
Sec. 4.1161 [Amended]
0
43. In Sec. 4.1161, remove the phrase ``, 801 North Quincy Street,
Arlington, Va. 22203''.
Sec. 4.1182 [Amended]
0
44. In Sec. 4.1182, remove the phrase ``, 801 North Quincy Street,
OHA, Arlington, Va. 22203''.
Sec. 4.1190 [Amended]
0
45. In Sec. 4.1190, in paragraph (a), remove the phrase ``801 N Quincy
Street, Suite 300, Arlington, VA 22203,''.
Sec. 4.1191 [Amended]
0
46. In Sec. 4.1191, remove ``, Arlington, Va''.
Sec. 4.1200 [Amended]
0
47. In Sec. 4.1200, in paragraph (a), remove the phrase ``, 801 N
Quincy Street, Suite 300, Arlington, VA 22203'' and remove the phrase
``, Arlington, VA,''.
Sec. 4.1202 [Amended]
0
48. In Sec. 4.1202, in paragraph (a), remove ``, Arlington, Va.,''.
Sec. 4.1203 [Amended]
0
49. In Sec. 4.1203, in paragraph (b), remove ``, Arlington, Va''.
Sec. 4.1262 [Amended]
0
50. In Sec. 4.1262, remove the words ``801 N Quincy Street, Suite 300,
Arlington, Va. 22203,''.
Sec. 4.1266 [Amended]
0
51. In Sec. 4.1266:
0
a. In paragraph (b)(1), remove the words ``Sec. 4.1109'' and add in
their place, ``the OHA Standing Orders on Contact Information'';
0
b. In paragraph (b)(2) introductory text:
0
i. Remove the word ``telephone'' before the word ``notice'' in the
first and second sentence;
[[Page 5796]]
0
ii. In the second sentence, remove the words ``telephone number'' and
add in their place ``contact information'';
0
iii. Remove the phrase ``OSM's'' and add in its place, ``OSMRE's' field
offices' contact information is provided in the OHA Standing Orders on
Contact Information'';
0
iv. Remove the list of undesignated field offices following paragraph
(b)(2); and
0
c. In paragraph (b)(3), remove ``OHA'' and add in its place ``the
Hearings Division''.
Sec. 4.1282 [Amended]
0
52. In Sec. 4.1282, in paragraph (a), remove the words ``801 N Quincy
Street, Arlington, Va. 22203,''.
Sec. 4.1301 [Amended]
0
53. In Sec. 4.1301, remove ``, 801 North Quincy Street, Arlington,
Virginia 22203. Phone: 703-235-3800'.
Sec. 4.1352 [Amended]
0
54. In Sec. 4.1352, in paragraph (b), remove ``801 N Quincy Street,
Suite 300, Arlington, Virginia 22203 (telephone 703-235-3800),''.
Sec. 4.1362 [Amended]
0
55. In Sec. 4.1362, in paragraph (a), remove ``, 801 North Quincy
Street, Arlington, Virginia 22203 (phone 703-235-3800),''.
Sec. 4.1367 [Amended]
0
56. In Sec. 4.1367, in paragraph (b), remove ``, 801 North Quincy
Street, Arlington, Virginia 22203 (phone 703-235-3800),''.
Sec. 4.1371 [Amended]
0
57. In Sec. 4.1371, in paragraph (a), remove ``, 801 N Quincy Street,
Suite 300, Arlington, Virginia 22203 (telephone 703-235-3800)''.
Sec. 4.1376 [Amended]
0
58. In Sec. 4.1376, in paragraph (b), remove ``, 801 North Quincy
Street, Arlington, Virginia 22203 (Telephone 703-235-3800)''.
Sec. 4.1381 [Amended]
0
59. In Sec. 4.1381, in paragraph (a), remove ``, 801 N Quincy Street,
Suite 300, Arlington, Virginia 22203 (telephone 703-235-3800)''.
Sec. 4.1386 [Amended]
0
60. In Sec. 4.1386, in paragraph (b), remove ``, 801 North Quincy
Street, Arlington, Virginia 22203 (Telephone 703-235-3800)''.
Sec. 4.1391 [Amended]
0
61. In Sec. 4.1391, in paragraph (a), remove ``, 801 N Quincy Street,
Suite 300, Arlington, VA 22203 (telephone 703-235-3800)''.
Subpart M--Special Procedural Rules Applicable to Appeals of
Decisions Made Under OMB Circular A-76
Sec. 4.1604 [Amended]
0
62. In Sec. 4.1604 remove the phrase ``, 801 N Quincy Street,
Arlington, VA 22203''.
This action is taken pursuant to delegated authority.
Joan M. Mooney,
Principal Deputy Assistant Secretary Policy, Management and Budget.
[FR Doc. 2023-00990 Filed 1-27-23; 8:45 am]
BILLING CODE 4334-63-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.