97-29101. Amendment of the Commission's Equal Access to Justice Rules  

  • [Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
    [Rules and Regulations]
    [Pages 59568-59569]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-29101]
    
    
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    OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
    
    29 CFR Part 2204
    
    
    Amendment of the Commission's Equal Access to Justice Rules
    
    AGENCY: Occupational Safety and Health Review Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: This document amends the Occupational Safety and Health Review 
    Commission's procedural rules on eligibility under the equal Access to 
    Justice Act by adding a paragraph requiring that the net worth and 
    number of employees of an applicant shall be aggregated with those of 
    its affiliates, unless to do so would be unfair and contrary to the 
    purposes of the Equal Access to Justice Act. This amendment will 
    minimize extra unnecessary collateral litigation and bring the 
    Commission into conformity with the corresponding rule adopted by most 
    other federal agencies. This document also changes the shortened 
    reference to the Equal Access to Justice Act used in this Part to read, 
    as it is commonly referred to, ``EAJA.''
    
    DATES: Effective November 4, 1997.
    
    FOR FURTHER INFORMATION CONTACT:
    Earl R. Ohman, Jr., General Counsel, (202) 606-5410, Occupational 
    Safety and Health Review Commission, 1120 20th Street, N.W., Ninth 
    Floor, Washington, DC 20036-3419.
    
    SUPPLEMENTARY INFORMATION: On August 11, 1997, the Commission published 
    in
    
    [[Page 59569]]
    
    the Federal Register a proposed new paragraph (f) to add to 29 CFR 
    2204.105 containing its Rules of Procedure concerning eligibility under 
    the Equal Access to Justice Act, 62 FR 42957 (August 11, 1997). The new 
    paragraph is based on the model rule of the (former) Administrative 
    Conference of the United States, adopted in large part by most federal 
    agencies, concerning aggregation of the net worth and number of 
    employees of the applicant with those of its affiliates. At the same 
    time, the Commission also proposed to change all references to the 
    ``EAJ Act'' in 29 CFR Part 2204 to read ``EAJA'' to conform to the 
    common shortened reference term for the Equal Access to Justice Act. 
    The only comments that the Commission received were from the Office of 
    the Solicitor, U.S. Department of Labor, which supports the changes as 
    proposed. The Commission thanks that office for its time and interest.
    
    List of Subjects in 29 CFR Part 2204
    
        Claims, Equal access to justice, Lawyers.
    
        For the reasons set forth in the preamble, the Occupational Safety 
    and Health Review Commission amends Title 29, Chapter XX, Part 2204 of 
    the Code of Federal Regulations to read as follows:
    
    PART 2204--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 
    PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW 
    COMMISSION
    
        1. The authority citation for Part 2204 continues to read as 
    follows:
    
        Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 
    U.S.C. 504(c)(1)); Pub. L. 99-80, 99 Stat. 183.
    
    PART 2204--[AMENDED]
    
        2. All references in Part 2204 to ``EAJ Act'' are revised to read 
    ``EAJA'' wherever they appear.
        3. A new paragraph (f) is added to Sec. 2204.105 to read as 
    follows:
    
    
    Sec. 2204.105  Eligibility of applicants.
    
    * * * * *
        (f) The net worth and number of employees of the applicant and all 
    of its affiliates shall be aggregated to determine eligibility. Any 
    individual, corporation, or other entity that directly or indirectly 
    controls or owns a majority of the voting shares or other interest of 
    the applicant, or any corporation or other entity of which the 
    applicant directly or indirectly owns or controls a majority of the 
    voting shares or other interest, will be considered an affiliate for 
    purposes of this part, unless such treatment would be unjust and 
    contrary to the purposes of the EAJA in light of the actual 
    relationship between the affiliated entities. In addition, financial 
    relationships of the applicant other than those described in this 
    paragraph may constitute special circumstances that would make an award 
    unjust.
    
        Dated: October 29, 1997.
    Stuart E. Weisberg,
    Chairman.
    Daniel Guttman,
    Commissioner.
    [FR Doc. 97-29101 Filed 11-3-97; 8:45 am]
    BILLING CODE 7600-01-M
    
    
    

Document Information

Effective Date:
11/4/1997
Published:
11/04/1997
Department:
Occupational Safety and Health Review Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-29101
Dates:
Effective November 4, 1997.
Pages:
59568-59569 (2 pages)
PDF File:
97-29101.pdf
CFR: (1)
29 CFR 2204.105