Special Procedural Rules Governing Periods When the National Labor Relations Board Lacks a Quorum of Members, 77699-77701 [2011-32085]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
2. Subpart C is amended by adding
§ 9.222 to read as follows:
■
Subpart C—Approved American
Viticultural Areas
mstockstill on DSK4VPTVN1PROD with RULES
§ 9.222
Naches Heights.
(a) Name. The name of the viticultural
area described in this section is ‘‘Naches
Heights’’. For purposes of part 4 of this
chapter, ‘‘Naches Heights’’ is a term of
viticultural significance.
(b) Approved maps. The five United
States Geological Survey 1:24,000 scale
topographic maps used to determine the
boundary of the Naches Heights
viticultural area are titled:
(1) Selah, Wash., 1958, photorevised
1985;
(2) Yakima West, Wash., 1958,
photorevised 1985;
(3) Wiley City, Wash., 1958,
photorevised 1985;
(4) Naches, Wash., 1958, photorevised
1978; and
(5) Tieton, Wash., 1971,
photoinspected 1981.
(c) Boundary. The Naches Heights
viticultural area is located in Yakima
County, Washington. The boundary of
the Naches Heights viticultural area is
as described below:
(1) The beginning point is on the
Selah map at the intersection of the
Burlington Northern single-track rail
line and the Congdon (Schuler) Canal,
section 9, T13N/R18E. From the
beginning point, proceed southsouthwesterly along the single rail line,
onto the Yakima West map,
approximately 0.35 mile to the first
intersection of the rail line with an
unnamed creek, locally known as
Cowiche Creek, section 9, T13N/R18E;
then
(2) Proceed upstream (westerly) along
Cowiche Creek, onto the Wiley City map
VerDate Mar<15>2010
17:15 Dec 13, 2011
Jkt 226001
and then onto the Naches map,
approximately 6.25 miles to the
confluence of the North and South
Forks of Cowiche Creek, south of
Mahoney Road, section 3, T13N/R17E;
then
(3) Proceed upstream (northwesterly)
along the North Fork of Cowiche Creek
approximately 1.6 miles to the
intersection of the North Fork with
Livengood Road, section 34, T14N/
R17E; then
(4) Proceed north and northwest on
Livengood Road approximately 1.12
miles until the road turns west and joins
Forney Road, and continue
approximately 1.02 miles along Forney
Road to the intersection of Forney Road
with the North Fork of Cowiche Creek,
section 28 northwest corner, T14N/
R17E; then
(5) Proceed upstream (northwesterly)
along the North Fork of Cowiche Creek
approximately 1.8 miles to the
intersection of the North Fork with the
section 17 west boundary line, T14N/
R17E; then
(6) Proceed straight north along the
section 17 west boundary line to its
intersection with Cox Road, and then
continue north along Cox Road to the
intersection of Cox Road with
Rosenkranz Road, section 17 northwest
corner, T14N/R17E; then
(7) Proceed west on Rosenkranz Road,
onto the Tieton map, approximately 0.6
mile to the intersection of Rosenkranz
Road with North Tieton Road, section 7
south boundary line, T14N/R17E; then
(8) Proceed north on North Tieton
Road approximately 0.5 mile to the
intersection of North Tieton Road with
Dilley Road, section 7, T14N/R17E; then
(9) Proceed west on Dilley Road
approximately 0.5 mile to the
intersection of Dilley Road with
Franklin Road, section 7 west boundary
line and the R16E and R17E common
line, T14N; then
(10) Proceed north on Franklin Road
approximately 0.8 mile to the
intersection of Franklin Road with
Schenk Road and the section 6 west
boundary line, T14N/R16E; then
(11) Proceed west on Schenk Road
approximately 0.55 mile to the
intersection of Schenk Road with
Section 1 Road, section 1, T14N/R16E;
then
(12) Proceed straight north from the
intersection of Schenk Road and Section
1 Road approximately 2.2 miles to the
1,600-foot elevation line, section 36,
T15N/R16E; then
(13) Proceed easterly and then
southeasterly along the 1,600-foot
elevation line, onto the Naches map,
approximately 7.5 miles to the
intersection of the 1,600-foot elevation
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
77699
line with the section 26 north boundary
line, T14N/R17E; then
(14) Proceed straight east along the
section 26 north boundary line
approximately 0.25 mile to the
intersection of the section 26 north
boundary line with the 1,400-foot
elevation line, T14N/R17E; then
(15) Proceed southeasterly along the
1,400-foot elevation line approximately
2.5 miles to the intersection of the
1,400-foot elevation line with Young
Grade Road, section 31, T14N/R18E;
then
(16) Proceed east in a straight line
approximately 0.15 mile to the Congdon
(Schuler) Canal, which closely parallels
the 1,300-foot elevation line, section 31,
T14N/R18E; and then
(17) Proceed southeasterly along the
Congdon (Schuler) Canal, onto the Selah
map, approximately 3.25 miles,
returning to the beginning point, section
9, T13N/R18E.
Signed: September 28, 2011.
John J. Manfreda,
Administrator.
Approved: October 20, 2011.
Timothy E. Skud,
Deputy Assistant Secretary, Tax, Trade, and
Tariff Policy.
[FR Doc. 2011–32017 Filed 12–13–11; 8:45 am]
BILLING CODE 4810–31–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 102
Special Procedural Rules Governing
Periods When the National Labor
Relations Board Lacks a Quorum of
Members
AGENCY:
National Labor Relations
Board.
ACTION:
Final rule.
The National Labor Relations
Board is revising its rules governing the
consideration of certain pleadings that
ordinarily require action by a quorum of
at least three Board Members. The
revisions are being adopted to facilitate,
insofar as it is possible, the normal
functioning of the Agency during
periods when the number of Board
members falls below three, the number
required to establish a quorum of the
Board. The effect of the revisions is to
provide the public with avenues for
resolving certain issues, while deferring
full review by the Board until a quorum
has been restored.
DATES: Effective December 14, 2011.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
SUMMARY:
E:\FR\FM\14DER1.SGM
14DER1
mstockstill on DSK4VPTVN1PROD with RULES
77700
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations
National Labor Relations Board, 1099
14th Street NW., Room 11600,
Washington, DC 20570. Telephone (202)
273–1067 (this is not a toll-free
number), 1–(866) 315–6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The
National Labor Relations Board is
revising its rules governing the
consideration of certain pleadings that
ordinarily require action by a quorum of
at least three Board Members. The
revisions are being adopted to facilitate,
insofar as it is possible, the normal
functioning of the Agency during
periods when the number of Board
members falls below three, the number
required to establish a quorum of the
Board. See 29 U.S.C. 153(b); New
Process Steel v. NLRB, —U.S.—, 130
S.Ct. 2635 (2010). No Notice of
Proposed Rulemaking (NPRM) is
required with respect to this rules
revision, as it falls under the
Administrative Procedure Act’s
exception to the NPRM requirement for
regulatory actions involving agency
organization, procedure, or practice. See
5 U.S.C. 553.
At present, the rules of the National
Labor Relations Board (NLRB) provide
only for the adjudication of cases and
the issuance of decisions by the Board
when it is composed of three or more
members, which constitutes the
Congressionally-designated quorum of
the Board. In New Process Steel v.
NLRB, supra, 130 S. Ct. 2635, the
Supreme Court held that Congress
empowered the Board to delegate its
powers to no fewer than three members,
and that, to maintain a valid quorum, a
membership of three must be
maintained. Id. at 2640. It can be
anticipated that, from time to time, the
number of individuals appointed by the
President and confirmed by Congress to
serve as members of the National Labor
Relations Board may fall below three.
Thus, the Board has determined that the
purposes of the National Labor
Relations Act will best be served, and
the Board’s Congressional mandate will
best be carried out, if its rules were
revised to refer, under those
circumstances only, certain motions and
appeals to other offices of the Board,
while preserving for the parties the right
to ultimate review by the Board when a
quorum is restored. In this regard, the
Board has identified certain classes of
disputes that are amendable to
processing through other Board offices;
i.e., Motions for Summary Judgment,
Motions for Default Judgment, Motions
for Dismissal of Complaints, and
requests for permission to file special
appeals will be referred to the Chief
Administrative Law Judge for ruling,
VerDate Mar<15>2010
17:15 Dec 13, 2011
Jkt 226001
and administrative and procedural
motions will be referred to the
Executive Secretary for ruling. In all
cases of such referrals, parties will
retain the right to full Board review by
filing a request for review or exceptions
to the ruling at the appropriate time.
Normal time limits for filing will apply,
and the case will be considered on its
merits by the Board upon restoration of
a quorum.
It is anticipated that these changes in
the rules will serve the interest of the
public and the parties in the speedy
resolution of disputes, where that
resolution is possible, as well as in the
litigation of cases before administrative
law judges with as few disruptions as
possible. In addition, the Board
anticipates that, as in some cases the
parties will determine that no exception
is warranted, these revisions may serve
to reduce the backlog of cases that the
Board will face when a quorum is
restored.
Executive Order 12866
The regulatory review provisions of
Executive Order 12866 do not apply to
independent regulatory agencies.
However, even if they did, the proposed
changes in the Board’s rules would not
be classified as ‘‘significant rules’’ under
Section 6 of Executive Order 12866,
because they will not result in (1) an
annual effect on the economy of $100
million or more; (2) a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; or (3) significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic or foreign markets.
Accordingly, no regulatory impact
assessment is required.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million 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.
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required for procedural
rules, the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) pertaining to regulatory
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
flexibility analysis do not apply to these
rules. However, even if the Regulatory
Flexibility Act were to apply, the NLRB
certifies that these rules will not have a
significant economic impact on a
substantial number of small business
entities as they merely provide parties
with avenues for expeditiously pursuing
and defending claims before the Board
under certain narrow circumstances.
Paperwork Reduction Act
These rules are not subject to Section
3504(h) of the Paperwork Reduction Act
(44 U.S.C. 3501) since they do not
contain any new information collection
requirements.
Small Business Regulatory Enforcement
Fairness Act
Because these rules relate to Agency
procedure and practice and merely
modify the Agency’s internal processing
of certain motions in narrow
circumstances, the Board has
determined that the Congressional
review provisions of the Small Business
Regulatory Enforcement Fairness Act (5
U.S.C. 801) do not apply.
List of Subjects in 29 CFR Part 102
Administrative practice and
procedure; Labor-management relations.
To provide for the normal operation
of the Board during periods when the
number of Board members is
insufficient to constitute a quorum, the
Board amends 29 CFR part 102 as
follows:
PART 102—RULES AND
REGULATIONS, SERIES 8
1. The authority citation for 29 CFR
part 102 continues to read as follows:
■
Authority: Section 6, National Labor
Relations Act, as amended (29 U.S.C. 151,
156). Section 102.117 also issued under
Section 552(a)(4)(A) of the Freedom of
Information Act, as amended (5 U.S.C.
552(a)(4)(A)). Sections 102.143 through
102.155 also issued under Section 504(c)(1)
of the Equal Access to Justice Act, as
amended (5 U.S.C. 504(c)(1)).
■
2. Add subpart X to read as follows:
Subpart X—Special Procedures When the
Board Lacks a Quorum
Sec.
102.178 Normal operations should
continue.
102.179 Motions for default judgment,
summary judgment, or dismissal referred
to Chief Administrative Law Judge.
102.180 Requests for special permission to
appeal referred to Chief Administrative
Law Judge.
102.181 Administrative and procedural
requests referred to Executive Secretary.
E:\FR\FM\14DER1.SGM
14DER1
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations
Subpart X—Special Procedures When
the Board Lacks a Quorum
§ 102.178 Normal operations should
continue.
The policy of the National Labor
Relations Board is that during any
period when the Board lacks a quorum
normal Agency operations should
continue to the greatest extent permitted
by law.
§ 102.179 Motions for default judgment,
summary judgment, or dismissal referred to
Chief Administrative Law Judge.
During any period when the Board
lacks a quorum, all motions for default
judgment, summary judgment, or
dismissal filed or pending pursuant to
§ 102.50 of this part shall be referred to
the Chief Administrative Law Judge in
Washington, DC, for ruling. Such
rulings by the Chief Administrative Law
Judge, and orders in connection
therewith, shall not be appealed directly
to the Board, but shall be considered by
the Board in reviewing the record if
exception to the ruling or order is
included in the statement of exceptions
filed with the Board pursuant to
§ 102.46 of this part.
§ 102.180 Requests for special permission
to appeal referred to Chief Administrative
Law Judge.
During any period when the Board
lacks a quorum, any request for special
permission to appeal filed or pending
pursuant to § 102.26 of this part shall be
referred to the Chief Administrative Law
Judge in Washington, DC, for ruling.
Such rulings by the Chief
Administrative Law Judge, and orders in
connection therewith, shall not be
appealed directly to the Board, but shall
be considered by the Board in reviewing
the record if exception to the ruling or
order is included in the statement of
exceptions filed with the Board
pursuant to § 102.46.
mstockstill on DSK4VPTVN1PROD with RULES
§ 102.181 Administrative and procedural
requests referred to Executive Secretary.
During any period when the Board
lacks a quorum, administrative and
procedural requests that would
normally be filed with the Office of the
Executive Secretary for decision by the
Board prior to the filing of a request for
review under § 102.67 of this part, or
exceptions under §§ 102.46 and 102.69
of this part, shall be referred to the
Executive Secretary for ruling. Such
rulings by the Executive Secretary, and
orders in connection therewith, shall
not be appealed directly to the Board,
but shall be considered by the Board if
such matters are raised by a party in its
request for review or exceptions.
VerDate Mar<15>2010
17:15 Dec 13, 2011
Jkt 226001
Signed in Washington, DC, on December 8,
2011.
Mark Gaston Pearce,
Chairman.
[FR Doc. 2011–32085 Filed 12–13–11; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and Part 70
[EPA–R07–OAR–2011–0822; FRL–9505–8]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the
Missouri State Implementation Plan
(SIP) and Operating Permits Program.
EPA is approving a revision to the
Missouri rule entitled ‘‘Submission of
Emission Data, Emission Fees and
Process Information.’’ These revisions
align the State’s reporting requirements
with the Federal Air Emissions
Reporting Requirements Rule (AERR).
DATES: This direct final rule will be
effective February 13, 2012, without
further notice, unless EPA receives
adverse comment by January 13, 2012.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2011–0822, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2011–
0822. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
77701
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania at (913) 551–7147, or by
email at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Outline
I. What is being addressed in this document?
II. What action is EPA taking?
I. What is being addressed in this
document?
EPA is approving revisions to the
Missouri SIP and Operating Permits
Program submitted to EPA on August
31, 2010. On December 17, 2008, EPA
finalized the Air Emissions Reporting
E:\FR\FM\14DER1.SGM
14DER1
]]>Agencies
[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Rules and Regulations]
[Pages 77699-77701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32085]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Special Procedural Rules Governing Periods When the National
Labor Relations Board Lacks a Quorum of Members
AGENCY: National Labor Relations Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Labor Relations Board is revising its rules
governing the consideration of certain pleadings that ordinarily
require action by a quorum of at least three Board Members. The
revisions are being adopted to facilitate, insofar as it is possible,
the normal functioning of the Agency during periods when the number of
Board members falls below three, the number required to establish a
quorum of the Board. The effect of the revisions is to provide the
public with avenues for resolving certain issues, while deferring full
review by the Board until a quorum has been restored.
DATES: Effective December 14, 2011.
FOR FURTHER INFORMATION CONTACT: Lester A. Heltzer, Executive
Secretary,
[[Page 77700]]
National Labor Relations Board, 1099 14th Street NW., Room 11600,
Washington, DC 20570. Telephone (202) 273-1067 (this is not a toll-free
number), 1-(866) 315-6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The National Labor Relations Board is
revising its rules governing the consideration of certain pleadings
that ordinarily require action by a quorum of at least three Board
Members. The revisions are being adopted to facilitate, insofar as it
is possible, the normal functioning of the Agency during periods when
the number of Board members falls below three, the number required to
establish a quorum of the Board. See 29 U.S.C. 153(b); New Process
Steel v. NLRB, --U.S.--, 130 S.Ct. 2635 (2010). No Notice of Proposed
Rulemaking (NPRM) is required with respect to this rules revision, as
it falls under the Administrative Procedure Act's exception to the NPRM
requirement for regulatory actions involving agency organization,
procedure, or practice. See 5 U.S.C. 553.
At present, the rules of the National Labor Relations Board (NLRB)
provide only for the adjudication of cases and the issuance of
decisions by the Board when it is composed of three or more members,
which constitutes the Congressionally-designated quorum of the Board.
In New Process Steel v. NLRB, supra, 130 S. Ct. 2635, the Supreme Court
held that Congress empowered the Board to delegate its powers to no
fewer than three members, and that, to maintain a valid quorum, a
membership of three must be maintained. Id. at 2640. It can be
anticipated that, from time to time, the number of individuals
appointed by the President and confirmed by Congress to serve as
members of the National Labor Relations Board may fall below three.
Thus, the Board has determined that the purposes of the National Labor
Relations Act will best be served, and the Board's Congressional
mandate will best be carried out, if its rules were revised to refer,
under those circumstances only, certain motions and appeals to other
offices of the Board, while preserving for the parties the right to
ultimate review by the Board when a quorum is restored. In this regard,
the Board has identified certain classes of disputes that are amendable
to processing through other Board offices; i.e., Motions for Summary
Judgment, Motions for Default Judgment, Motions for Dismissal of
Complaints, and requests for permission to file special appeals will be
referred to the Chief Administrative Law Judge for ruling, and
administrative and procedural motions will be referred to the Executive
Secretary for ruling. In all cases of such referrals, parties will
retain the right to full Board review by filing a request for review or
exceptions to the ruling at the appropriate time. Normal time limits
for filing will apply, and the case will be considered on its merits by
the Board upon restoration of a quorum.
It is anticipated that these changes in the rules will serve the
interest of the public and the parties in the speedy resolution of
disputes, where that resolution is possible, as well as in the
litigation of cases before administrative law judges with as few
disruptions as possible. In addition, the Board anticipates that, as in
some cases the parties will determine that no exception is warranted,
these revisions may serve to reduce the backlog of cases that the Board
will face when a quorum is restored.
Executive Order 12866
The regulatory review provisions of Executive Order 12866 do not
apply to independent regulatory agencies. However, even if they did,
the proposed changes in the Board's rules would not be classified as
``significant rules'' under Section 6 of Executive Order 12866, because
they will not result in (1) an annual effect on the economy of $100
million or more; (2) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions; or (3) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic or foreign markets. Accordingly, no regulatory
impact assessment is required.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million 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.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for procedural
rules, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) pertaining to regulatory flexibility analysis do not apply to
these rules. However, even if the Regulatory Flexibility Act were to
apply, the NLRB certifies that these rules will not have a significant
economic impact on a substantial number of small business entities as
they merely provide parties with avenues for expeditiously pursuing and
defending claims before the Board under certain narrow circumstances.
Paperwork Reduction Act
These rules are not subject to Section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501) since they do not contain any new
information collection requirements.
Small Business Regulatory Enforcement Fairness Act
Because these rules relate to Agency procedure and practice and
merely modify the Agency's internal processing of certain motions in
narrow circumstances, the Board has determined that the Congressional
review provisions of the Small Business Regulatory Enforcement Fairness
Act (5 U.S.C. 801) do not apply.
List of Subjects in 29 CFR Part 102
Administrative practice and procedure; Labor-management relations.
To provide for the normal operation of the Board during periods
when the number of Board members is insufficient to constitute a
quorum, the Board amends 29 CFR part 102 as follows:
PART 102--RULES AND REGULATIONS, SERIES 8
0
1. The authority citation for 29 CFR part 102 continues to read as
follows:
Authority: Section 6, National Labor Relations Act, as amended
(29 U.S.C. 151, 156). Section 102.117 also issued under Section
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C.
552(a)(4)(A)). Sections 102.143 through 102.155 also issued under
Section 504(c)(1) of the Equal Access to Justice Act, as amended (5
U.S.C. 504(c)(1)).
0
2. Add subpart X to read as follows:
Subpart X--Special Procedures When the Board Lacks a Quorum
Sec.
102.178 Normal operations should continue.
102.179 Motions for default judgment, summary judgment, or dismissal
referred to Chief Administrative Law Judge.
102.180 Requests for special permission to appeal referred to Chief
Administrative Law Judge.
102.181 Administrative and procedural requests referred to Executive
Secretary.
[[Page 77701]]
Subpart X--Special Procedures When the Board Lacks a Quorum
Sec. 102.178 Normal operations should continue.
The policy of the National Labor Relations Board is that during any
period when the Board lacks a quorum normal Agency operations should
continue to the greatest extent permitted by law.
Sec. 102.179 Motions for default judgment, summary judgment, or
dismissal referred to Chief Administrative Law Judge.
During any period when the Board lacks a quorum, all motions for
default judgment, summary judgment, or dismissal filed or pending
pursuant to Sec. 102.50 of this part shall be referred to the Chief
Administrative Law Judge in Washington, DC, for ruling. Such rulings by
the Chief Administrative Law Judge, and orders in connection therewith,
shall not be appealed directly to the Board, but shall be considered by
the Board in reviewing the record if exception to the ruling or order
is included in the statement of exceptions filed with the Board
pursuant to Sec. 102.46 of this part.
Sec. 102.180 Requests for special permission to appeal referred to
Chief Administrative Law Judge.
During any period when the Board lacks a quorum, any request for
special permission to appeal filed or pending pursuant to Sec. 102.26
of this part shall be referred to the Chief Administrative Law Judge in
Washington, DC, for ruling. Such rulings by the Chief Administrative
Law Judge, and orders in connection therewith, shall not be appealed
directly to the Board, but shall be considered by the Board in
reviewing the record if exception to the ruling or order is included in
the statement of exceptions filed with the Board pursuant to Sec.
102.46.
Sec. 102.181 Administrative and procedural requests referred to
Executive Secretary.
During any period when the Board lacks a quorum, administrative and
procedural requests that would normally be filed with the Office of the
Executive Secretary for decision by the Board prior to the filing of a
request for review under Sec. 102.67 of this part, or exceptions under
Sec. Sec. 102.46 and 102.69 of this part, shall be referred to the
Executive Secretary for ruling. Such rulings by the Executive
Secretary, and orders in connection therewith, shall not be appealed
directly to the Board, but shall be considered by the Board if such
matters are raised by a party in its request for review or exceptions.
Signed in Washington, DC, on December 8, 2011.
Mark Gaston Pearce,
Chairman.
[FR Doc. 2011-32085 Filed 12-13-11; 8:45 am]
BILLING CODE P
