[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Rules and Regulations]
[Page 56172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20087]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 143

[Docket ID: DOD-2020-OS-0049]
RIN 0790-AK23


DoD Policy on Organizations That Seek To Represent or Organize 
Members of the Armed Forces in Negotiations or Collective Bargaining

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: This final rule removes the DoD's regulation that prohibits 
members of the armed forces from being members of a ``military labor 
organization,'' which is an organization that engages or attempts to 
engage in negotiations or bargaining on behalf of service members 
concerning the terms or conditions of military service. The rule 
restates statute or otherwise contains internal DoD processes wholly 
contained within DoD internal guidance. Therefore, this part can be 
removed from the Code of Federal Regulations (CFR).

DATES: This rule is effective on September 11, 2020.

FOR FURTHER INFORMATION CONTACT: Christa A. Specht, Office of Legal 
Policy, Office of the Under Secretary of Defense (Personnel and 
Readiness), (703) 697-3387.

SUPPLEMENTARY INFORMATION: It has been determined that publication of 
this rule removal for public comment is impracticable, unnecessary, and 
contrary to public interest because the underlying rule simply restates 
the law in 10 U.S.C. 976, or otherwise contains internal DoD processes. 
The only additional language in 32 CFR 143.7 and 143.8 contains 
internal DoD procedures and guidelines. These provisions are publicly 
available in DoD Instruction 1354.01, ``DoD Policy on Organizations 
That Seek to Represent Or Organize Members of the Armed Forces in 
Negotiation Or Collective Bargaining,'' published January 19, 2007 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/135401p.pdf).
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review.'' Therefore, the requirements of E.O. 
13771, ``Reducing Regulation and Controlling Regulatory Costs,'' do not 
apply. This removal supports a recommendation of the DoD Regulatory 
Reform Task Force.

List of Subjects in 32 CFR Part 143

    Government employees, Labor management relations, Military 
personnel.

PART 143--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 143 is 
removed.

    Dated: September 8, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-20087 Filed 9-10-20; 8:45 am]
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