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Rules of Procedure; Corrections

---
identifier: "/us/fr/2019-21414"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Rules of Procedure; Corrections"
title_number: 0
title_name: "Federal Register"
section_number: "2019-21414"
section_name: "Rules of Procedure; Corrections"
positive_law: false
currency: "2019-10-04"
last_updated: "2019-10-04"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Occupational Safety and Health Review Commission"
document_number: "2019-21414"
document_type: "rule"
publication_date: "2019-10-04"
agencies:
  - "Occupational Safety and Health Review Commission"
cfr_references:
  - "29 CFR Part 2200"
fr_citation: "84 FR 53052"
fr_volume: 84
effective_date: "2019-10-04"
fr_action: "Correcting amendments."
---

#  Applicability of subparts A through G.

**AGENCY:**

Occupational Safety and Health Review Commission.

**ACTION:**

Correcting amendments.

**SUMMARY:**

This document makes technical amendments to the final rule published by the Occupational Safety and Health Review Commission in the *Federal Register* on April 10, 2019 and corrected on August 30, 2019. That rule revised the procedural rules governing practice before the Occupational Safety and Health Review Commission.

**DATES:**

Effective on October 4, 2019.

**FOR FURTHER INFORMATION CONTACT:**

Ron Bailey, Attorney-Advisor, Office of the General Counsel, by telephone at (202) 606-5410, by email at *[email protected],* or by mail at: 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.

**SUPPLEMENTARY INFORMATION:**

OSHRC published revisions to its rules of procedure in the *Federal Register* on April 10, 2019 (84 FR 14554) and published corrections on August 30, 2019 (84 FR 45654). This document makes further technical amendments to the final rule.

**List of Subjects in 29 CFR Part 2200**

Administrative practice and procedure, Hearing and appeal procedures.

Accordingly, 29 CFR part 2200 is amended by making the following correcting amendments:

**PART 2200—RULES OF PROCEDURE**

**29 CFR Part 2200**

1. The authority citation for part 2200 continues to read as follows:

**Authority:**

29 U.S.C. 661(g), unless otherwise noted.

Section 2200.96 is also issued under 28 U.S.C. 2112(a).

**29 CFR Part 2200**

2. Amend § 2200.7 by revising paragraph (k)(1)(ii) to read as follows:

§ 2200.7

(k) * * *

(1) * * *

(ii) A copy of the Secretary's statement of reasons, filed in conformance with § 2200.38(a).

**29 CFR Part 2200**

3. Amend § 2200.37 by revising the last sentence of paragraph (d)(4) to read as follows:

§ 2200.37

(d) * * *

(4) * * * The requirements set forth in § 2200.35(b) through (c) shall apply.

**29 CFR Part 2200**

4. Amend § 2200.64 by revising the last sentence of paragraph (b) to read as follows:

§ 2200.64

(b) * * * See § 2200.90(c).

**29 CFR Part 2200**

5. Amend § 2200.73 by revising paragraph (g) to read as follows:

§ 2200.73

(g) *When filing effective.* A petition for interlocutory review is deemed to be filed only when received by the Commission, as specified in § 2200.8(d)(3)(ii).

**29 CFR Part 2200**

6. Amend § 2200.90 by revising paragraph (c) to read as follows:

§ 2200.90

(c) *Relief from default.* Until the Judge's report has been docketed by the Executive Secretary, the Judge may relieve a party of default or grant reinstatement under § 2200.101(b), § 2200.52(f)(2), or § 2200.64(b).

**29 CFR Part 2200**

7. Amend § 2200.91 by revising paragraph (e) to read as follows:

§ 2200.91

(e) *When filing effective.* A petition for discretionary review is filed when received by the Commission, as specified in § 2200.8(d)(3)(ii).

**29 CFR Part 2200**

8. Amend § 2200.93 by revising the first sentence of paragraph (i) to read as follows:

§ 2200.93

(i) *Brief of an amicus curiae.* The Commission may allow a brief of an amicus curiae pursuant to the criteria and time period set forth in § 2200.24. * * *

**29 CFR Part 2200**

9. Amend § 2200.211 by revising the first sentence to read as follows:

§ 2200.211

The provisions of subpart D (§§ 2200.50-2200.57) and §§ 2200.34, 2200.37(d), 2200.38, 2200.71, and 2200.73 will not apply to Simplified Proceedings. * * *

Dated: September 25, 2019.

James J. Sullivan, Jr.,

Chairman.