[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 [www.gpo.gov]
[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; 
[email protected].

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

0
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]
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