Rule2023-14399
Miscellaneous and General Requirements
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
July 10, 2023
Effective
July 10, 2023
Issuing agencies
Federal Labor Relations Authority
Abstract
The Federal Labor Relations Authority (FLRA) is implementing this interim final rule with comment period (interim final rule) to enable parties to proceedings before the FLRA's three-Member, decisional component (the Authority) to voluntarily request--in individual cases filed through the FLRA's electronic-filing (eFiling) system--that the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases. The Authority welcomes comments on this interim final rule.
Full Text
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<title>Federal Register, Volume 88 Issue 130 (Monday, July 10, 2023)</title>
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43425-43426]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14399]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules
and Regulations
[[Page 43425]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2429
Miscellaneous and General Requirements
AGENCY: Federal Labor Relations Authority.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Federal Labor Relations Authority (FLRA) is implementing
this interim final rule with comment period (interim final rule) to
enable parties to proceedings before the FLRA's three-Member,
decisional component (the Authority) to voluntarily request--in
individual cases filed through the FLRA's electronic-filing (eFiling)
system--that the Authority use electronic mail (email) to serve the
requesting parties any decisions, orders, and notices (Authority
documents) issued in those individual cases. The Authority welcomes
comments on this interim final rule.
DATES: This interim final rule is effective on July 11, 2023. The FLRA
will accept public comments until August 10, 2023
ADDRESSES: You may send comments, which must include the caption
``Miscellaneous and General Requirements,'' by one of the following
methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#85c3e0e1d7e0e2c6eae8e8e0ebf1f6c5e3e9f7e4abe2eaf3"><span class="__cf_email__" data-cfemail="55133031073032163a3838303b212615333927347b323a23">[email protected]</span></a>. Include ``Miscellaneous
and General Requirements'' in the subject line of the message.
<bullet> Mail: Erica Balkum, Chief, Office of Case Intake and
Publication, Federal Labor Relations Authority, Docket Room, Suite 200,
1400 K Street NW, Washington, DC 20424-0001.
Instructions: Do not mail written comments if they have been
submitted via email. Interested persons who mail written comments must
submit an original and 4 copies of each written comment, with any
enclosures, on 8\1/2\ x 11 inch paper. Do not deliver comments by hand.
FOR FURTHER INFORMATION CONTACT: Erica Balkum, Chief, Office of Case
Intake and Publication at <a href="/cdn-cgi/l/email-protection#98fdfaf9f4f3edf5d8fef4eaf9b6fff7ee"><span class="__cf_email__" data-cfemail="f99c9b9895928c94b99f958b98d79e968f">[email protected]</span></a> or at: (771) 444-5805.
SUPPLEMENTARY INFORMATION: Currently, the FLRA's regulations do not
recognize email transmission as an official method of service of
Authority documents on parties to Authority proceedings. The Authority
has received numerous party requests for email service of such
documents, particularly due to an increase in telework and remote work
by party practitioners. Email service would allow parties to receive
Authority documents on the same day of service. Under the FLRA's
regulations, when Authority documents are served by first-class mail,
the responding party receives five additional days for filing any
responsive filings. 5 CFR 2429.22. However, the Authority has found
that there have been many instances when mail has taken longer than
five days to reach the intended recipient, thereby shortening the
recipient's response time. Allowing parties to opt for email service of
Authority documents would avoid that problem and thereby improve
customer service.
In addition, preparing and mailing paper copies of Authority
documents to parties imposes significant costs on the Authority in
terms of staff time, supplies, and equipment maintenance. Making email
service a recognized, official method of service would also reduce or
eliminate these costs.
For these reasons, the Authority hereby amends its regulations to
allow parties using the FLRA's eFiling system to consent to email
service of Authority documents in individual cases. If a party consents
to email service in a particular case, then the Authority shall serve
documents on that party exclusively by email to the email address that
the party provides in the eFiling system. It is the party's obligation
to maintain a valid email address in the system for proper service.
When the Authority serves parties Authority documents by email, the
date of service shall be the date the email is sent.
We emphasize that these amendments apply only to documents issued
by the FLRA's Office of Case Intake and Publication in cases pending
before the FLRA's Members. It does not apply to documents issued in
cases pending before other FLRA offices or components, such as the
Office of Administrative Law Judges or the Office of the General
Counsel.
The Authority finds that this interim final rule is not a
substantive rule, but is a rule of agency organization, procedure, or
practice, for which advance notice is not required. 5 U.S.C. 553(b)(A);
Chrysler Corp. v. Brown, 441 U.S. 281, 301-02 & n.30 (1979) (stating
that a substantive or legislative rule is one that ``affect[s]
individual rights or obligations''). However, as noted above, the
Authority welcomes comments on this interim final rule.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Chairman of the FLRA has determined that this
interim final rule will not have a significant impact on a substantial
number of small entities, because this interim final rule applies only
to Federal agencies, Federal employees, and labor organizations
representing those employees.
Executive Order 12866, Regulatory Review
The FLRA is an independent regulatory agency and thus is not
subject to the requirements of E.O. 12866 (58 FR 51735, Sept. 30,
1993).
Executive Order 13132, Federalism
The FLRA is an independent regulatory agency and thus is not
subject to the requirements of E.O. 13132 (64 FR 43255, Aug. 4, 1999).
Unfunded Mandates Reform Act of 1995
This interim final rule will not result in the expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more in any one year, and it will
not significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This action is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This
interim final rule will not result in an annual effect
[[Page 43426]]
on the economy of $100,000,000 or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no additional information
collection or record-keeping requirements under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Part 2429
Administrative practice and procedure, Government employees, Labor
management relations.
For the reasons stated in the preamble, the FLRA amends 5 CFR part
2429 as follows:
PART 2429--MISCELLANEOUS AND GENERAL REQUIREMENTS
0
1. The authority citation for part 2429 continues to read as follows:
Authority: 5 U.S.C. 7134; Sec. 2429.18 also issued under 28
U.S.C. 2112(a).
0
2. Amend Sec. 2429.12 by revising paragraphs (a) and (c) to read as
follows:
Sec. 2429.12 Service of process and papers by the Authority.
(a) Methods of service. Notices of hearings, decisions and orders
of Regional Directors, decisions and recommended orders of
Administrative Law Judges, decisions of the Authority, complaints,
amended complaints, withdrawals of complaints, written rulings on
motions, and all other papers required by this subchapter to be issued
by the Authority, the General Counsel, Regional Directors, Hearing
Officers, Administrative Law Judges, and Regional Directors when not
acting as a party under part 2423 of this subchapter, shall be served
personally, by first-class mail, by facsimile transmission, by
certified mail, or, as described below with respect to documents issued
by the Authority, by electronic mail (hereinafter, ``email''). Where
facsimile equipment is available, rulings on motions; information
pertaining to prehearing disclosure, conferences, orders, or hearing
dates, and locations; information pertaining to subpoenas; and other
similar or time sensitive matters may be served by facsimile
transmission. Where a party using the FLRA's eFiling system has
consented to electronic service of documents issued by the Authority in
a particular case, the Authority shall serve documents on that party
exclusively by email to the email address provided by the party.
* * * * *
(c) Proof of service. Proof of service shall be verified by
certificate of the individual serving the papers describing the manner
of such service. When service is by mail, the date of service shall be
the day when the matter served is deposited in the United States mail.
When service is by facsimile, the date of service shall be the date the
facsimile transmission is transmitted and, when necessary, verified by
a dated facsimile record of transmission. When parties are served
documents by the Authority by email, the date of service shall be the
date the email is sent.
Approved: July 3, 2023.
Rebecca J. Osborne,
Federal Register Liaison, Federal Labor Relations Authority.
[FR Doc. 2023-14399 Filed 7-7-23; 8:45 am]
BILLING CODE 7627-01-P
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