[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68357-68358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24407]


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FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1400

RIN 3076-AA21


Rescission of the Code of Professional Conduct for Labor 
Mediators

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Final rule; rescission of regulation.

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SUMMARY: On April 6, 1966, the Federal Mediation and Conciliation 
Service (FMCS) published a final rule adopting a Code of Professional 
Conduct for Labor Mediators. After careful review, FMCS finds that this 
rule is no longer suitable for publication. Therefore, this final rule 
rescinds the appendix regarding the Code of Professional Conduct for 
Labor Mediators.

DATES: This final rule is effective November 15, 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; 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Discussion

    In 1964, a Code of Professional Conduct for Labor Mediators was 
drafted by a Federal-State Liaison Committee and approved by the 
Federal Mediation and Conciliation Service (FMCS) and the Association 
of Labor Mediation Agencies. On April 6, 1966,

[[Page 68358]]

at 31 FR 5423, the FMCS published a final rule entitled ``Appendix to 
Part 1400--Code of Professional Conduct for Labor Mediators,'' which 
contained the complete narrative of the Code.
    After consideration and review, FMCS has concluded that this nearly 
sixty-year-old Code adopted by the FMCS no longer reflects the agency's 
values, scope of services provided by FMCS mediators, or best practices 
for conflict management and resolution services. Moreover, it addresses 
employee conduct which is purely an internal agency matter. Therefore, 
FMCS is issuing this final rule, which rescinds the rule on the 
Appendix to Part 1400--Code of Professional Conduct for Labor 
Mediators.

II. Final Rule

    FMCS has determined that this rule is suitable for final 
rulemaking. The revisions to FMCS' policies and requirements 
surrounding mediators 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 1400

    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 1400 as follows:

PART 1400--STANDARDS OF CONDUCT, RESPONSIBILITIES, AND DISCIPLINE

0
1. The authority citation for part 1400 continues to read as follows:

    Authority: E.O. 11222, 30 FR 6469, 3 CFR, 1965 Supp.; 5 CFR 
735.104.


Appendix to Part 1400  [Removed]

0
2. Remove the appendix to part 1400.

    Dated: November 3, 2022.
Anna Davis,
Deputy General Counsel.
[FR Doc. 2022-24407 Filed 11-14-22; 8:45 am]
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