[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 [www.gpo.gov]
[FR Doc No: 2023-20892]



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 Rules and Regulations
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 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.
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  Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / 
Rules and Regulations  

[[Page 65777]]



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 [email protected] 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]]


0
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