[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 [www.gpo.gov]
[FR Doc No: 2023-14399]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory 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:
     Email: [email protected]. Include ``Miscellaneous 
and General Requirements'' in the subject line of the message.
     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 [email protected] 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