Special Procedural Rules With Respect to Representation Cases Governing Periods When the National Labor Relations Board Lacks a Quorum of Members, 82131-82133 [2011-33668]
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
VII. How does the Paperwork
Reduction Act of 1995 apply to this
final rule?
FDA concludes that labeling
provisions of this final rule are not
subject to review by the Office of
Management and Budget because they
do not constitute a ‘‘collection of
information’’ under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). Rather, the black box warning on
all labeling, advertising, and
promotional materials for ovarian
adnexal mass assessment score test
system devices is a ‘‘public disclosure of
information originally supplied by the
Federal Government to the recipient for
the purpose of disclosure to the public.’’
(see 5 CFR 1320.3(c)(2)).
Dated: December 27, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
NATIONAL LABOR RELATIONS
BOARD
tkelley on DSK3SPTVN1PROD with RULES
29 CFR Part 102
Special Procedural Rules With Respect
to Representation Cases Governing
Periods When the National Labor
Relations Board Lacks a Quorum of
Members
National Labor Relations
VerDate Mar<15>2010
17:50 Dec 29, 2011
Jkt 226001
Final rule.
The National Labor Relations
Board (the Board or the NLRB) is
revising its rules governing the
processing of representation cases
during periods when the Board lacks a
quorum of Members. This revision is
being adopted to facilitate, insofar as it
is possible, the normal functioning of
the Agency 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, 130 S.Ct. 2635
(2010). The effect of the revision is to
enable the Agency to process some
representation cases to the certification
of a representative or the certification of
the results of the election, while
SUMMARY:
BILLING CODE 4160–01–P
Board.
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. Section 4(a)
of the Executive order requires Agencies
to ‘‘construe * * * a Federal statute to
preempt State law only where the
statute contains an express preemption
provision or there is some other clear
evidence that the Congress intended
preemption of State law, or where the
exercise of State authority conflicts with
the exercise of Federal authority under
the Federal statute.’’ Federal law
includes an express preemption
provision that preempts certain State
requirements ‘‘different from or in
addition to’’ certain Federal
requirements applicable to devices (21
U.S.C. 360k; See Medtronic, Inc. v. Lohr,
518 U.S. 470 (1996); Riegel v.
Medtronic, Inc., 552 U.S. 312 (2008)).
This final rule creates a requirement
under 21 U.S.C. 360k for a black box
warning statement that must appear in
all advertising, labeling, and
promotional material for ovarian
adnexal mass assessment score test
systems.
ACTION:
[FR Doc. 2011–33588 Filed 12–29–11; 8:45 am]
AGENCY:
VIII. What are the federalism impacts
of this final rule?
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
List of Subjects in 21 CFR Part 866
Biologics, Laboratories, Medical
devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, FDA amends 21 CFR
part 866 as follows.
PART 866—IMMUNOLOGY AND
MICROBIOLOGY DEVICES
1. The authority citation for 21 CFR
part 866 continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. In § 866.6050 of subpart G, add new
paragraph (c) to read as follows:
■
§ 866.6050 Ovarian adnexal mass
assessment score test system.
*
*
*
*
*
(c) Black box warning. Under section
520(e) of the Federal Food, Drug, and
Cosmetic Act these devices are subject
to the following restriction: A warning
statement must be placed in a black box
and must appear in all advertising,
labeling, and promotional material for
these devices. That warning statement
must read:
deferring Board consideration of parties’
requests for review until a quorum has
been restored.
DATES: Effective December 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
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 rule requiring the automatic
impoundment of ballots in
representation cases when a party files
a request for review. This rules revision
is an addendum to the Board’s
December 14, 2011 rules revisions,
E:\FR\FM\30DER1.SGM
30DER1
ER30DE11.007</GPH>
significant impact of a rule on small
entities. This final rule would impose
almost no cost on manufacturers. The
black box warning will strengthen an
existing admonition against off-label use
and will not significantly affect usage.
Impacts on any entities will be so small
as to be difficult to quantify. For these
reasons, the Agency certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities.
82131
tkelley on DSK3SPTVN1PROD with RULES
82132
Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
which added a new Subpart X to the
NLRB’s Rules and Regulations (29 CFR
102.178–102.181; see 76 FR 77699). The
December 14 revisions covered the
consideration of certain pleadings in
unfair labor practice cases that require
a quorum of Board Members for final
action, 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, 130 S.Ct. 2635
(2010). In representation cases, final
action on requests for review by the
Board also requires a three-member
quorum. The instant rule revision,
which adds 29 CFR 102.182 to the
NLRB’s Rules and Regulations, is being
adopted to facilitate, as far as possible,
the expeditious processing by the
Agency of representation cases during
periods in which the Board lacks a
quorum. 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.
In addition, the Agency finds that notice
and comment would be impracticable
within the meaning of 5 U.S.C.
5553(b)(3)(B) before the Board loses a
quorum on January 3, 2012, as now
appears possible.
At present, the NLRB’s Rules and
Regulations provide only for the
adjudication of representation cases and
the issuance of decisions on review 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 Board may fall
below three. Current Section 102.67(b)
of the NLRB’s Rules and Regulations
requires that all ballots cast in a
representation election be impounded
whenever the Board has not acted on a
pending request for review, thus halting
the processing of the representation case
at the end of the voting, but before the
ballots are counted. During periods
when the Board lacks a quorum, the
effect of the current rule would be to
withhold information concerning the
results of the election from employees
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17:50 Dec 29, 2011
Jkt 226001
and employers, who are usually eager to
know the results, until the Board regains
a quorum and rules on the request for
review. The investigation and
adjudication of objections and
determinative challenges would be
delayed during the same period. And in
all likelihood the request for review
would ultimately be denied, as are
about 85% of requests for review
currently filed. If the request for review
is denied, the delay of the tally and any
ensuing proceedings would have served
no purpose whatsoever.
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 are
revised to suspend, during any period
the Board lacks a quorum, the second
proviso of Section 102.67(b) of the
NLRB’s Rules and Regulations. Section
102.67(b) provides that a decision by the
Regional Director upon the record shall
set forth his findings, conclusions, and
order or direction. The decision of the
Regional Director shall be final:
Provided, however, that within 14 days
after service thereof any party may file
a request for review with the Board in
Washington, DC. The Regional Director
shall schedule and conduct any election
directed by the decision
notwithstanding that a request for
review has been filed with or granted by
the Board. The filing of such a request
shall not, unless otherwise ordered by
the Board, operate as a stay of the
election or any other action taken or
directed by the Regional Director:
Provided, however, that if a pending
request for review has not been ruled
upon or has been granted ballots whose
validity might be affected by the final
Board decision shall be segregated in an
appropriate manner, and all ballots shall
be impounded and remain unopened
pending such decision.
Thus, suspension of the automatic
impoundment of ballots during periods
in which the Board lacks a quorum will
permit Regional Directors promptly to
tally the ballots cast by bargaining unit
employees. The Board anticipates that
the suspension of the automatic
impoundment of ballots will serve the
interests of the public and the parties in
the speedy resolution of representation
cases by avoiding extended and
unnecessary delays in the tally of
ballots. In addition, the Board
anticipates that, in some cases the
prompt tallying of ballots and recording
the results of the election will cause
parties to determine that it is
unnecessary to pursue a request for
review. In such cases, the choice of the
bargaining unit employees will be
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
effectuated expeditiously. Thus, the
instant rules revision will provide the
parties the opportunity to pursue
numerous representation cases through
to certification, while deferring
consideration of requests for review by
the Board until a quorum has been
restored. The rules revision expressly
preserves the Board’s authority, based
on a properly filed request for review,
to revise or revoke any certification
issued by a regional director. Member
Brian E. Hayes voted against the rules
revision.
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
resolving certain representation cases
before the Board.
E:\FR\FM\30DER1.SGM
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
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 ballots in representation cases, 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.
Accordingly, 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)).
Subpart X—Special Procedures When
the Board Lacks a Quorum
2. Add § 102.182 to subpart X to read
as follows:
■
§ 102.182 Representation Cases Should
Be Processed to Certification.
tkelley on DSK3SPTVN1PROD with RULES
During any period when the Board
lacks a quorum, the second proviso of
§ 102.67(b) regarding the automatic
impounding of ballots shall be
suspended. To the extent practicable, all
representation cases should continue to
be processed and the appropriate
certification should be issued by the
Regional Director notwithstanding the
pendency of a request for review,
subject to revision or revocation by the
Board pursuant to a request for review
filed in accordance with this subpart.
Signed in Washington, DC, on December
28, 2011.
Mark Gaston Pearce,
Chairman.
[FR Doc. 2011–33668 Filed 12–29–11; 8:45 am]
BILLING CODE P
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17:50 Dec 29, 2011
Jkt 226001
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 104
RIN 3142–AA07
Notification of Employee Rights Under
the National Labor Relations Act
AGENCY:
National Labor Relations
Board.
ACTION:
Final rule; delay of effective
date.
On August 30, 2011, the
National Labor Relations Board (Board)
published a final rule requiring
employers, including labor
organizations in their capacity as
employers, subject to the National Labor
Relations Act (NLRA) to post notices
informing their employees of their rights
as employees under the NLRA. (76 FR
54006, August 30, 2011.) On October 12,
2011, the Board amended that rule to
delay the effective date from November
14, 2011, to January 31, 2012. (76 FR
63188, October 12, 2011.) The Board
hereby further amends that rule to delay
the effective date from January 31, 2012,
to April 30, 2012. The purpose of this
amendment is to facilitate the resolution
of the legal challenges with respect to
the rule.
DATES: This amendment is effective
December 30, 2011. The effective date of
the final rule published at 76 FR 54006,
August 30, 2011, and amended at 76 FR
63188, October 12, 2011, is delayed
from January 31, 2012 to April 30, 2012.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
National Labor Relations Board, 1099
14th Street NW., Washington, DC 20570,
(202) 273–1067 (this is not a toll-free
number), 1–(866) 315–6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: On August
30, 2011, the National Labor Relations
Board published a final rule requiring
employers, including labor
organizations in their capacity as
employers, subject to the National Labor
Relations Act (NLRA) to post notices
informing their employees of their rights
as employees under the NLRA. The
Board subsequently determined that in
the interest of ensuring broad voluntary
compliance with the rule concerning
notification of employee rights under
the National Labor Relations Act,
further public education and outreach
efforts would be helpful. Accordingly,
the Board changed the effective date of
the rule from November 14, 2011, to
January 31, 2012, in order to allow time
for such an education and outreach
effort. On December 19, 2011, the U.S.
District Court for the District of
SUMMARY:
PO 00000
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Fmt 4700
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82133
Columbia requested that the Board
consider postponing the effective date of
the rule in connection with a pending
proceeding concerning the rule. The
Board has determined that postponing
the effective date of the rule would
facilitate the resolution of the legal
challenges that have been filed with
respect to the rule. Accordingly, the
Board has decided to change the
effective date of the rule from January
31, 2012 to April 30, 2012.
Signed in Washington, DC, on December
23, 2011.
Mark Gaston Pearce,
Chairman.
[FR Doc. 2011–33571 Filed 12–29–11; 8:45 am]
BILLING CODE 7545–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0638; FRL–9612–8]
Approval and Promulgation of Air
Quality Implementation Plans;
California; Determinations of Failure
To Attain the One-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is taking final action
to determine that three areas in
California, previously designated
nonattainment for the now-revoked onehour ozone national ambient air quality
standard (NAAQS), did not attain that
standard by their applicable attainment
dates: the Los Angeles-South Coast Air
Basin Area (‘‘South Coast’’), the San
Joaquin Valley Area (‘‘San Joaquin
Valley’’), and the Southeast Desert
Modified Air Quality Maintenance Area
(‘‘Southeast Desert’’). These
determinations are based on three years
of quality-assured and certified ambient
air quality monitoring data for the
period preceding the applicable
attainment deadline.
DATES: Effective Date: This rule is
effective on January 30, 2012.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2011–0638 for
this action. The index to the docket is
available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
SUMMARY:
E:\FR\FM\30DER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82131-82133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33668]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Special Procedural Rules With Respect to Representation Cases
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 (the Board or the NLRB) is
revising its rules governing the processing of representation cases
during periods when the Board lacks a quorum of Members. This revision
is being adopted to facilitate, insofar as it is possible, the normal
functioning of the Agency 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, 130 S.Ct. 2635 (2010). The
effect of the revision is to enable the Agency to process some
representation cases to the certification of a representative or the
certification of the results of the election, while deferring Board
consideration of parties' requests for review until a quorum has been
restored.
DATES: Effective December 30, 2011.
FOR FURTHER INFORMATION CONTACT: Lester A. Heltzer, Executive
Secretary, 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 rule requiring the automatic impoundment of ballots in
representation cases when a party files a request for review. This
rules revision is an addendum to the Board's December 14, 2011 rules
revisions,
[[Page 82132]]
which added a new Subpart X to the NLRB's Rules and Regulations (29 CFR
102.178-102.181; see 76 FR 77699). The December 14 revisions covered
the consideration of certain pleadings in unfair labor practice cases
that require a quorum of Board Members for final action, 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, 130 S.Ct. 2635 (2010). In representation cases, final
action on requests for review by the Board also requires a three-member
quorum. The instant rule revision, which adds 29 CFR 102.182 to the
NLRB's Rules and Regulations, is being adopted to facilitate, as far as
possible, the expeditious processing by the Agency of representation
cases during periods in which the Board lacks a quorum. 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. In
addition, the Agency finds that notice and comment would be
impracticable within the meaning of 5 U.S.C. 5553(b)(3)(B) before the
Board loses a quorum on January 3, 2012, as now appears possible.
At present, the NLRB's Rules and Regulations provide only for the
adjudication of representation cases and the issuance of decisions on
review 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 Board may fall
below three. Current Section 102.67(b) of the NLRB's Rules and
Regulations requires that all ballots cast in a representation election
be impounded whenever the Board has not acted on a pending request for
review, thus halting the processing of the representation case at the
end of the voting, but before the ballots are counted. During periods
when the Board lacks a quorum, the effect of the current rule would be
to withhold information concerning the results of the election from
employees and employers, who are usually eager to know the results,
until the Board regains a quorum and rules on the request for review.
The investigation and adjudication of objections and determinative
challenges would be delayed during the same period. And in all
likelihood the request for review would ultimately be denied, as are
about 85% of requests for review currently filed. If the request for
review is denied, the delay of the tally and any ensuing proceedings
would have served no purpose whatsoever.
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 are revised to suspend,
during any period the Board lacks a quorum, the second proviso of
Section 102.67(b) of the NLRB's Rules and Regulations. Section
102.67(b) provides that a decision by the Regional Director upon the
record shall set forth his findings, conclusions, and order or
direction. The decision of the Regional Director shall be final:
Provided, however, that within 14 days after service thereof any party
may file a request for review with the Board in Washington, DC. The
Regional Director shall schedule and conduct any election directed by
the decision notwithstanding that a request for review has been filed
with or granted by the Board. The filing of such a request shall not,
unless otherwise ordered by the Board, operate as a stay of the
election or any other action taken or directed by the Regional
Director: Provided, however, that if a pending request for review has
not been ruled upon or has been granted ballots whose validity might be
affected by the final Board decision shall be segregated in an
appropriate manner, and all ballots shall be impounded and remain
unopened pending such decision.
Thus, suspension of the automatic impoundment of ballots during
periods in which the Board lacks a quorum will permit Regional
Directors promptly to tally the ballots cast by bargaining unit
employees. The Board anticipates that the suspension of the automatic
impoundment of ballots will serve the interests of the public and the
parties in the speedy resolution of representation cases by avoiding
extended and unnecessary delays in the tally of ballots. In addition,
the Board anticipates that, in some cases the prompt tallying of
ballots and recording the results of the election will cause parties to
determine that it is unnecessary to pursue a request for review. In
such cases, the choice of the bargaining unit employees will be
effectuated expeditiously. Thus, the instant rules revision will
provide the parties the opportunity to pursue numerous representation
cases through to certification, while deferring consideration of
requests for review by the Board until a quorum has been restored. The
rules revision expressly preserves the Board's authority, based on a
properly filed request for review, to revise or revoke any
certification issued by a regional director. Member Brian E. Hayes
voted against the rules revision.
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 resolving
certain representation cases before the Board.
[[Page 82133]]
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 ballots in
representation cases, 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.
Accordingly, 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)).
Subpart X--Special Procedures When the Board Lacks a Quorum
0
2. Add Sec. 102.182 to subpart X to read as follows:
Sec. 102.182 Representation Cases Should Be Processed to
Certification.
During any period when the Board lacks a quorum, the second proviso
of Sec. 102.67(b) regarding the automatic impounding of ballots shall
be suspended. To the extent practicable, all representation cases
should continue to be processed and the appropriate certification
should be issued by the Regional Director notwithstanding the pendency
of a request for review, subject to revision or revocation by the Board
pursuant to a request for review filed in accordance with this subpart.
Signed in Washington, DC, on December 28, 2011.
Mark Gaston Pearce,
Chairman.
[FR Doc. 2011-33668 Filed 12-29-11; 8:45 am]
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