Rule2023-20892
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
September 26, 2023
Effective
September 26, 2023
Issuing agencies
Federal Labor Relations Authority
Abstract
This final rule adopts, without change, an interim final rule published in the Federal Register on July 10, 2023, with a correction published on July 12, 2023. The rule permits parties to proceedings before the Federal Labor Relations Authority's (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.
Full Text
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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65777-65778]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20892]
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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. 185 / Tuesday, September 26, 2023 /
Rules and Regulations
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FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2429
Miscellaneous and General Requirements
AGENCY: Federal Labor Relations Authority.
ACTION: Final rule.
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SUMMARY: This final rule adopts, without change, an interim final rule
published in the Federal Register on July 10, 2023, with a correction
published on July 12, 2023. The rule permits parties to proceedings
before the Federal Labor Relations Authority's (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.
DATES: This final rule is effective on September 26, 2023.
FOR FURTHER INFORMATION CONTACT: Erica Balkum, Chief, Office of Case
Intake and Publication at <a href="/cdn-cgi/l/email-protection#c9acaba8a5a2bca489afa5bba8e7aea6bf"><span class="__cf_email__" data-cfemail="1b7e797a77706e765b7d77697a357c746d">[email protected]</span></a> or at: (771) 444-5805.
SUPPLEMENTARY INFORMATION: On July 10, 2023, the FLRA published an
interim final rule in the Federal Register at 88 FR 43425, amending its
regulations to permit parties to proceedings before the Authority to
voluntarily request--in individual cases filed through the FLRA's
eFiling system--that the Authority use email to serve the requesting
parties any Authority documents issued in those individual cases. The
Federal Register notice: stated that it had an effective date of July
11, 2023; solicited written comments; and requested that any such
comments be submitted by August 10, 2023.
Then, on July 12, 2023, the Federal Register issued a correction in
88 FR 44191, changing (1) the interim final rule's effective date to
July 10, 2023, and (2) the due date for comments to August 9, 2023.
The FLRA has received only two comments on the interim final rule,
both of which were submitted after the corrected, August 9, 2023 due
date for comments. The FLRA has nonetheless opted to consider both
comments. Cf. Reytblatt v. NRC, 105 F.3d 715, 723 (D.C. Cir. 1997)
(stating that ``[a]gencies are free to ignore . . . late filings,'' but
not holding that agencies are required to do so) (emphasis added)
(quoting Personal Watercraft Indus. Ass'n v. Dep't of Com., 48 F.3d
540, 543 (D.C. Cir. 1995)).
One commenter, a federal agency, fully supported the rule but
suggested a specific technical change in the FLRA's eFiling system
outside the scope of the rule. The other commenter, the owner and chief
executive officer of a government-contracting company, did not directly
address the rule but generally discussed document-based business
processes.
Neither comment warrants changing the rule. Therefore, based on the
rationale set forth in the interim final rule and this document, the
FLRA is adopting the provision of the interim final rule as a final
rule with no changes. The FLRA appreciates the comments submitted in
response to the interim final rule, and will take under advisement the
recommended change to the eFiling system.
Administrative Procedure Act
On July 10, 2023, the FLRA published an interim final rule (88 FR
43425) and determined that there was a basis under the Administrative
Procedure Act for issuing the interim final rule with immediate effect.
On July 12, 2023, the Federal Register issued a correction (88 FR
44191). The FLRA has considered all relevant input and information
contained in the comments submitted in response to the interim final
rule and has concluded that no changes to the interim final rule are
warranted. The FLRA is adopting the provisions of the interim final
rule as a final rule with no changes.
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 final
rule will not have a significant impact on a substantial number of
small entities, because this 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 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 final
rule will not result in an annual effect 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.
[[Page 65778]]
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Accordingly, the interim final rule published in the Federal Register
on July 10, 2023, at 88 FR 43425--and corrected on July 12, 2023, at 88
FR 44191--is adopted as a final rule without change.
Approved: September 21, 2023.
Rebecca J. Osborne,
Federal Register Liaison, Federal Labor Relations Authority.
[FR Doc. 2023-20892 Filed 9-25-23; 8:45 am]
BILLING CODE 7627-01-P
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