Rule2022-25141
Rescission of the Arbitration Policy; Schedule of Fees
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
November 18, 2022
Effective
November 18, 2022
Issuing agencies
Federal Mediation and Conciliation Service
Abstract
On April 18, 2019, the Federal Mediation and Conciliation Service (FMCS) published a final rule amending the "Arbitration Policy; Schedule of Fees" to implement an increase in user fees. After careful review, FMCS finds that this rule is no longer suitable for publication. Therefore, this final rule rescinds the appendix regarding the Arbitration Policy; Schedule of Fees.
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Rules and Regulations]
[Pages 69165-69166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25141]
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FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1404
RIN 3076-AA23
Rescission of the Arbitration Policy; Schedule of Fees
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Final rule; rescission of regulation.
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SUMMARY: On April 18, 2019, the Federal Mediation and Conciliation
Service (FMCS) published a final rule amending the ``Arbitration
Policy; Schedule of Fees'' to implement an increase in user fees. After
careful review, FMCS finds that this rule is no longer suitable for
publication. Therefore, this final rule rescinds the appendix regarding
the Arbitration Policy; Schedule of Fees.
DATES: This final rule is effective November 18, 2022.
FOR FURTHER INFORMATION CONTACT: Anna Davis, Deputy General Counsel,
Office of General Counsel, Federal Mediation and Conciliation Service,
250 E St. SW, Washington, DC 20427; Office/Fax/Mobile 202-606-3737;
<a href="/cdn-cgi/l/email-protection#c7a6a3a6b1aeb487a1aaa4b4e9a0a8b1"><span class="__cf_email__" data-cfemail="aacbcecbdcc3d9eaccc7c9d984cdc5dc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 69166]]
I. Discussion
On April 18, 2019, at 84 FR 16205, the Federal Mediation and
Conciliation Service (FMCS) published a final rule amending the
``Appendix to Part 1404--Arbitration Policy; Schedule of Fees,'' which
implemented a modest increase in user fees that had remained unchanged
for more than eight years. FMCS increased fees to more accurately
reflect FMCS' costs of maintaining the Arbitration Roster and the
technology to support it, as well as responding to requests for
arbitrator panels and biographical data.
After consideration and review, FMCS has concluded that the rule
addressing fees is duplicative and currently incorporated in subparts
of the rule. Therefore, FMCS is issuing this final rule, which rescinds
the rule on the Appendix to Part 1404--Arbitration Policy; Schedule of
Fees.
II. Final Rule
FMCS has determined that this rule is suitable for final
rulemaking. The revisions to FMCS' policies and requirements
surrounding arbitrators are purely internal matters of agency
management, as well as the agency's procedure, and practice.
Accordingly, FMCS is not required to engage in a notice and comment
process to issue this rule under the Administrative Procedures Act, See
U.S.C. 553(a)(2), 553(b)(A). Furthermore, because this rule is
procedural rather than substantive, the normal requirement of 5 U.S.C.
553(d) that a rule not be effective until at least 30 days after
publication in the Federal Register is inapplicable. FMCS also finds
good cause to provide an immediate effective date for this rule because
it imposes no obligations on parties outside the federal government and
therefore no advance notice is required to enable employers or other
private parties to come into compliance.
List of Subjects in 29 CFR Part 1404
Administrative practice and procedure, Labor management relations.
For the reasons discussed in the preamble, and under the authority
of 29 U.S.C. 172 and the Taft-Hartley Act of 1947, FMCS amends 29 CFR
part 1404 as follows:
PART 1404--ARBITRATION SERVICES
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1. The authority citation for part 1404 continues to read as follows:
Authority: 29 U.S.C. 172 and 29 U.S.C. 173 et seq.
Appendix to Part 1404 [Removed]
0
2. Remove the appendix to part 1404.
Dated: November 15, 2022.
Anna Davis,
Deputy General Counsel.
[FR Doc. 2022-25141 Filed 11-17-22; 8:45 am]
BILLING CODE 6732-01-P
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