[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
