[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 47088-47089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22259]
[[Page 47087]]
_______________________________________________________________________
Part VI
Department of Labor
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
29 CFR Part 18
Use of Settlement Judges in Longshore and Related Proceedings Before
the Office of Administrative Law Judges; Final Rule
Federal Register / Vol. 64, No. 166 / Friday, August 27, 1999 / Rules
and Regulations
[[Page 47088]]
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 18
RIN 1290-AA20
Use of Settlement Judges in Longshore and Related Proceedings
Before the Office of Administrative Law Judges
AGENCY: Office of the Secretary, Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Settlement judges have been made available, with certain
exceptions, for proceedings before the Office of Administrative Law
Judges since mid-August 1993. Cases arising pursuant to the Longshore
and Harbor Workers' Compensation Act and related statutes, however,
were excluded from the formal settlement judge procedure because of the
high rate of settlement already existing in that program. Existing
methods of promoting settlements, both before the Office of Workers'
Compensation Programs and the Office of Administrative Law Judges,
continue to accommodate high rates of resolution of cases without the
need for a formal hearing. Experience with the settlement judge
procedure, however, indicates that making settlement judges available
in cases arising pursuant to the Longshore and Harbor Workers'
Compensation Act and related statutes would be appropriate and
beneficial where the parties consent to the appointment, and the Chief
Administrative Law Judge concludes that such an appointment is a
prudent use of resources. The Rules of Practice and Procedure for
Administrative Hearings Before the Office of Administrative Law Judges,
therefore, is hereby amended to permit the appointment of settlement
judges in cases arising out of Longshore and Harbor Workers'
Compensation Act, 33 U.S.C. 901 et seq., the Defense Base Act, the
Outer Continental Shelf Lands Act, the Nonappropriated Fund
Instrumentalities Act, and the former District of Columbia Workmen's
Compensation Act.
EFFECTIVE DATE: August 27, 1999.
FOR FURTHER INFORMATION CONTACT: John M. Vittone, Chief Administrative
Law Judge, U.S. Department of Labor, Office of Administrative Law
Judges, 800 K St, NW., Suite 400-N, Washington, DC 20001, Telephone:
(202) 565-5341.
SUPPLEMENTARY INFORMATION: Settlement judges have been made available,
with certain exceptions, for proceedings before the Office of
Administrative Law Judges since mid-August 1993. See 58 FR 38498 (July
16, 1993). One variety of proceeding in which settlement judge
proceedings have not been available is cases arising pursuant to the
Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq.,
and related statutes. The related statutes include the Longshore Act's
direct extensions--the Defense Base Act, the Outer Continental Shelf
Lands Act, Nonappropriated Fund Instrumentalities Act--and the former
District of Columbia Workmen's Compensation Act, 45 Stat. 600.
The Longshore and directly related workers' compensation cases were
excluded from the formal settlement judge procedure because existing
techniques for promoting settlements in such cases were already
achieving significant rates of settlement in cases pending before the
administrative law judges. Success in the use of settlement judges in
other case areas, and interest in the procedure arising from the
workers' compensation bar, however, indicates that it would be
beneficial and appropriate to make the settlement judge procedure
available in proceedings arising pursuant to the Longshore Act and the
aforementioned related statutes. Accordingly, the following rule would
end the exclusion of such cases from the settlement judge provision of
the Rules of Practice and Procedure for Administrative Hearings Before
the Office of Administrative Law Judges.
This amendment of the settlement judge rule is not intended to
supplant informal methods of dispute resolution long used successfully
in Longshore and related cases, such as the informal conference before
the Office of Workers' Compensation Programs, or settlement conferences
before the presiding administrative law judge. Rather, it is intended
to provide an additional method of dispute resolution in cases where
the parties are unable to resolve the issues at the OWCP district
office level, one or more party has requested a formal hearing, all
consent to the appointment of a settlement judge, and the Chief
Administrative Law Judge concludes that such an appointment represents
a prudent use of resources. Settlements reached before a settlement
judge remain subject to review by the presiding administrative law
judge in accordance with section 8(i) of the Longshore and Harbor
Workers' Compensation Act, 33 U.S.C. 908(i). Moreover, the availability
of the settlement judge process does not change existing law regarding
the effect of settlements on petitions for Special Fund relief pursuant
to section 8(f) of the Longshore Act, 33 U.S.C. 908(f).
Executive Order 12866
This rule has been drafted and reviewed in accordance with section
1(b) of Executive Order 12866, Principles of Regulation. The Department
has determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), Regulatory Planning
And Review. Accordingly, it does not require an assessment of potential
costs and benefits under section 6(a)(3) of that order.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the Administrative Procedure Act (APA), the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601)
pertaining to regulatory flexibility do not apply to this rule. See 5
U.S.C. 601(2).
Paperwork Reduction Act
This final rule is not subject to section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501) since it does not contain any new
collection of information requirements.
Publication in Final
The Department has determined that these amendments need not be
published as a proposed rule, as is generally required by the APA (5
U.S.C. 553), since this rulemaking merely reflects agency organization,
procedure, or practice. It is thus exempt from notice and comment by
virtue of section 553(b)(A).
Effective Date
This document will become effective upon publication pursuant to 5
U.S.C. 553(d). The undersigned has determined that good cause exists
for waiving the customary requirement for delay in the effective date
of a final rule for 30 days following its publication. This
determination is based upon the fact that the rule is technical and
nonsubstantive, and merely reflects agency organization, practice and
procedure.
Small Business Regulatory Fairness Act of 1996
This rule is not classified as a ``rule'' under Chapter 8 of the
Small Business Regulatory Fairness Act of 1996, because it is a rule
pertaining to agency organization, procedure, or practice that does not
substantially affect the rights or obligations of non-agency parties.
See 5 U.S.C. 804(3)(C).
[[Page 47089]]
List of Subjects in 29 CFR Part 18
Administrative practice and procedure.
Accordingly, part 18 of title 29 of the Code of Federal Regulations
is amended as follows:
PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
1. The authority citation for part 18 continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note;
E.O. 12778; 57 FR 7292.
2. Section 18.9 is amended by revising paragraph (e)(2) to read as
follows:
Sec. 18.9 Consent order or settlement; settlement judge procedure.
* * * * *
(e) * * *
(2) How initiated. A settlement judge may be appointed by the Chief
Administrative Law judge upon a request by a party or the presiding
administrative law judge. The Chief Administrative Law Judge has sole
discretion to decide whether to appoint a settlement judge, except that
a settlement judge shall not be appointed when--
(i) A party objects to referral of the matter to a settlement
judge;
(ii) Such appointment is inconsistent with a statute, executive
order, or regulation;
(iii) The proceeding arises pursuant to Title IV of the Federal
Mine Safety and Health Act, 30 U.S.C. 901 et seq., also known as the
Black Lung Benefits Act.
* * * * *
Signed at Washington, DC, this 20th day of August, 1999.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 99-22259 Filed 8-26-99; 8:45 am]
BILLING CODE 4510-23-P
