Miscellaneous and General Requirements, 15742-15743 [2020-05681]

Download as PDF 15742 Proposed Rules Federal Register Vol. 85, No. 54 Thursday, March 19, 2020 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2429 Miscellaneous and General Requirements Federal Labor Relations Authority. ACTION: Proposed rule with request for comments. AGENCY: The Federal Labor Relations Authority (FLRA) seeks public comments on a proposed addition to its regulations. This proposed addition concerns the revocation of a written assignment of amounts deducted from the pay of a Federal employee for the payment of regular and periodic dues allotted to an exclusive representative. DATES: To be considered, comments must be received on or before April 9, 2020. ADDRESSES: You may send comments, which must include the caption ‘‘Miscellaneous and General Requirements,’’ by one of the following methods: • Email: FedRegComments@flra.gov. Include ‘‘Miscellaneous and General Requirements’’ in the subject line of the message. • Mail or Hand Delivery: Emily Sloop, Chief, Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K Street NW, Washington, DC 20424–0001. Instructions: Do not mail or hand deliver written comments if they have been submitted via email. Interested persons who mail or hand deliver written comments must submit an original and 4 copies of each written comment, with any enclosures, on 81⁄2 x 11 inch paper. FOR FURTHER INFORMATION CONTACT: Rebecca Osborne, Deputy Solicitor, at rosborne@flra.gov or at: (202) 218–7986. SUPPLEMENTARY INFORMATION: The FLRA is seeking to assure employees the fullest freedom in the exercise of their jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:30 Mar 18, 2020 Jkt 250001 rights under the Federal Service LaborManagement Relations Statute, including their rights under 5 U.S.C. 7102 and 7115, in matters directly affecting their pay. Therefore, the FLRA proposes to define when an employee may initiate the revocation of a previously authorized assignment of amounts deducted from the pay of the employee for the payment of regular and periodic dues allotted to an exclusive representative. In particular, the FLRA proposes that, after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. Executive Order 12866 The FLRA is an independent regulatory agency, and as such, is not subject to the requirements of E.O. 12866. Executive Order 13132 The FLRA is an independent regulatory agency, and as such, is not subject to the requirements of E.O. 13132. 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 rule, as amended, will not have a significant impact on a substantial number of small entities, because this rule applies only to Federal agencies, Federal employees, and labor organizations representing those employees. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This proposed rule is not expected to be subject to the requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because this proposed rule is expected to be related to agency organization, management, or personnel. Executive Order 13132, Federalism This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 this proposed rule does not have sufficient federalism implications to warrant preparation of a federalism assessment. Executive Order 12988, Civil Justice Reform This regulation meets the applicable standard set forth in section 3(a) and (b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule change 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 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 foreignbased 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. Accordingly, for the reasons stated in the preamble, FLRA proposes to amend 5 CFR part 2429 as follows: PART 2429—[AMENDED] 1. The authority citation for part 2429 continues to read as follows: ■ Authority: 5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a). E:\FR\FM\19MRP1.SGM 19MRP1 Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Proposed Rules ■ 2. Add § 2429.19 to subpart A to read as follows: § 2429.19 Revocation of assignments. Consistent with the exceptions in 5 U.S.C. 7115(b), after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. Colleen Duffy Kiko, Chairman, Federal Labor Relations Authority. Note: The following appendix will not appear in the Code of Federal Regulations. Member DuBester, Dissenting For reasons expressed in my dissenting opinion in Office of Personnel Management (OPM),1 I strongly disagree with the decision to commence notice-and-comment rulemaking regarding 5 U.S.C. 7115(a). In my view, the OPM decision erroneously discards well-reasoned FLRA precedent governing revocation of union-dues allotments and, therefore, further weakens the institution of collective bargaining in the federal sector. [FR Doc. 2020–05681 Filed 3–18–20; 8:45 am] BILLING CODE 6727–01–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 959 [Doc. No. AMS–SC–20–0019; SC20–959–1 PR] Onions Grown in South Texas; Decreased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: This proposed rule would implement a recommendation from the South Texas Onion Committee (Committee) to decrease the assessment rate established for the 2019–20 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Comments must be received by April 20, 2020. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: 1 71 FLRA 571, 576–579 (2020) (Dissenting Opinion of Member DuBester). VerDate Sep<11>2014 16:30 Mar 18, 2020 Jkt 250001 Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938; or internet: https://www.regulations.gov. Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: https:// www.regulations.gov. All comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Abigail Campos, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324– 3375, Fax: (863) 291–8614, or Email: Abigail.Campos@usda.gov or Christian.Nissen@usda.gov. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Richard.Lower@usda.gov. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing Order No. 959, as amended (7 CFR part 959), regulating the handling of onions grown in south Texas. Part 959, (referred to as ‘‘the Order’’) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Committee locally administers the Order and is comprised of producers and handlers operating within the area of production. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. This proposed rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 15743 rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, South Texas onion handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate would be applicable to all assessable onions for the 2019–20 fiscal year, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This proposed rule would decrease the assessment rate from $0.065, the rate that was established for the 2017–18 and subsequent fiscal periods, to $0.05 per 50-pound equivalent of onions handled for the 2019–20 and subsequent fiscal years. The Order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members are familiar with the Committee’s needs and with the costs of goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2017–18 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal E:\FR\FM\19MRP1.SGM 19MRP1

Agencies

[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Proposed Rules]
[Pages 15742-15743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05681]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / 
Proposed Rules

[[Page 15742]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2429


Miscellaneous and General Requirements

AGENCY: Federal Labor Relations Authority.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Labor Relations Authority (FLRA) seeks public 
comments on a proposed addition to its regulations. This proposed 
addition concerns the revocation of a written assignment of amounts 
deducted from the pay of a Federal employee for the payment of regular 
and periodic dues allotted to an exclusive representative.

DATES: To be considered, comments must be received on or before April 
9, 2020.

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 or Hand Delivery: Emily Sloop, Chief, Case Intake and 
Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 
1400 K Street NW, Washington, DC 20424-0001.
    Instructions: Do not mail or hand deliver written comments if they 
have been submitted via email. Interested persons who mail or hand 
deliver written comments must submit an original and 4 copies of each 
written comment, with any enclosures, on 8\1/2\ x 11 inch paper.

FOR FURTHER INFORMATION CONTACT: Rebecca Osborne, Deputy Solicitor, at 
[email protected] or at: (202) 218-7986.

SUPPLEMENTARY INFORMATION: The FLRA is seeking to assure employees the 
fullest freedom in the exercise of their rights under the Federal 
Service Labor-Management Relations Statute, including their rights 
under 5 U.S.C. 7102 and 7115, in matters directly affecting their pay. 
Therefore, the FLRA proposes to define when an employee may initiate 
the revocation of a previously authorized assignment of amounts 
deducted from the pay of the employee for the payment of regular and 
periodic dues allotted to an exclusive representative. In particular, 
the FLRA proposes that, after the expiration of the one-year period 
during which an assignment may not be revoked under 5 U.S.C. 7115(a), 
an employee may initiate the revocation of a previously authorized 
assignment at any time that the employee chooses.

Executive Order 12866

    The FLRA is an independent regulatory agency, and as such, is not 
subject to the requirements of E.O. 12866.

Executive Order 13132

    The FLRA is an independent regulatory agency, and as such, is not 
subject to the requirements of E.O. 13132.

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 rule, 
as amended, will not have a significant impact on a substantial number 
of small entities, because this rule applies only to Federal agencies, 
Federal employees, and labor organizations representing those 
employees.

Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs

    This proposed rule is not expected to be subject to the 
requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because this 
proposed rule is expected to be related to agency organization, 
management, or personnel.

Executive Order 13132, Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, this proposed rule does not have sufficient federalism 
implications to warrant preparation of a federalism assessment.

Executive Order 12988, Civil Justice Reform

    This regulation meets the applicable standard set forth in section 
3(a) and (b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule change 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 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.

    Accordingly, for the reasons stated in the preamble, FLRA proposes 
to amend 5 CFR part 2429 as follows:

PART 2429--[AMENDED]

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).


[[Page 15743]]


0
2. Add Sec.  2429.19 to subpart A to read as follows:


Sec.  2429.19  Revocation of assignments.

    Consistent with the exceptions in 5 U.S.C. 7115(b), after the 
expiration of the one-year period during which an assignment may not be 
revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation 
of a previously authorized assignment at any time that the employee 
chooses.

Colleen Duffy Kiko,
Chairman, Federal Labor Relations Authority.

    Note:  The following appendix will not appear in the Code of 
Federal Regulations.

Member DuBester, Dissenting

    For reasons expressed in my dissenting opinion in Office of 
Personnel Management (OPM),\1\ I strongly disagree with the decision to 
commence notice-and-comment rulemaking regarding 5 U.S.C. 7115(a). In 
my view, the OPM decision erroneously discards well-reasoned FLRA 
precedent governing revocation of union-dues allotments and, therefore, 
further weakens the institution of collective bargaining in the federal 
sector.
---------------------------------------------------------------------------

    \1\ 71 FLRA 571, 576-579 (2020) (Dissenting Opinion of Member 
DuBester).

[FR Doc. 2020-05681 Filed 3-18-20; 8:45 am]
 BILLING CODE 6727-01-P
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