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Secretary of Labor Hilda L. Solis
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ESA Final Rules

Obligation of Federal Contractors and Subcontractors; Notice of Employee Rights Concerning Payment of Union Dues or Fees   [3/30/2009]
[PDF]
FR Doc E9-6926
[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]               
[Page 14045-14046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr09-6]                         

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DEPARTMENT OF LABOR

Office of Labor-Management Standards

29 CFR Part 470

RIN 1215-AB71

 
Obligation of Federal Contractors and Subcontractors; Notice of 
Employee Rights Concerning Payment of Union Dues or Fees

AGENCY: Office of Labor-Management Standards, Employment Standards 
Administration, Labor.

ACTION: Final rule; rescission of regulations.

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SUMMARY: This final rule rescinds the regulations found at 29 CFR part 
470, which implemented Executive Order 13201. Executive Order 13496, 
signed by President Obama on January 30, 2009 and published in the 
Federal Register on February 4, 2009, revoked Executive Order 13201, 
thus removing the authority under which such regulations were 
promulgated. Accordingly, the Secretary of Labor (the ``Secretary'') is 
issuing this final rule to rescind the regulations that implement and 
enforce the now-revoked Executive Order 13201.

DATES: Effective Date: March 30, 2009.

FOR FURTHER INFORMATION CONTACT: Denise M. Boucher, Director, Office of 
Policy Reports and Disclosure, Office of Labor-Management Standards, 
Employment Standards Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Suite N-5609, Washington, DC 20210, (202) 
693-1185. This number is not toll-free.

SUPPLEMENTARY INFORMATION: On January 30, 2009, President Obama signed 
Executive Order 13496, which revokes Executive Order 13201 and 
instructs executive departments and agencies to revoke any orders, 
rules, regulations, or policies implementing or enforcing Executive 
Order 13201. Executive Order 13496, Section 13, 74 FR 6107 (February 4, 
2009). Pursuant to the now-revoked Executive Order 13201, the Secretary 
promulgated

[[Page 14046]]

regulations implementing and enforcing its terms, 29 CFR Part 470, 
which required government contractors and subcontractors to post 
notices informing their employees of certain rights under federal law. 
These regulations also required federal contracting agencies and 
covered government contractors and subcontractors to include certain 
provisions of the Order in their contracts, subcontracts, and purchase 
orders.
    Because Executive Order 13496 expressly revokes Executive Order 
13201, the authority for the Secretary's implementing regulations at 29 
CFR Part 470 no longer exists. As a result, the implementing 
regulations are now without force and effect, and the Secretary no 
longer enforces them. Consequently, this final rule rescinds these 
regulations.
    The Secretary has determined that it need not publish the 
rescission of these regulations as a proposed rule, as generally 
required by the Administrative Procedure Act (``APA''), 5 U.S.C. 
553(b). Notice to the public and provision of a public comment period 
for this rule are unnecessary because Executive Order 13201, which 
authorized 29 CFR Part 470, has been revoked, and, therefore, no legal 
basis exists for these regulations. Furthermore, Section 13 of 
Executive Order 13496 provides that regulations implementing Executive 
Order 13201 shall be promptly revoked. Therefore, good cause exists for 
dispensing with the notice and comment requirements of the APA. 5 
U.S.C. 553(b)(B). For the same reasons, good cause exists to make this 
rule effective immediately upon publication of this rule. 5 U.S.C. 
553(d)(3).

Regulatory Procedures

Executive Order 12866

    This final rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department has determined that this rule is not a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review. The Department has also determined that 
this rule is not ``economically significant'' as defined in section 
3(f)(1) of Executive Order 12866. Therefore, the information enumerated 
in section 6(a)(3)(C) of the order is not required.

Regulatory Flexibility Act

    This rescission is not a rule as defined in the Regulatory 
Flexibility Act (5 U.S.C. 601(2) and 604(a)) because a general notice 
of proposed rulemaking was not published nor an opportunity for notice 
and public comment provided in connection therewith. Therefore, a 
regulatory flexibility analysis under the Regulatory Flexibility Act is 
not required. The Secretary has certified this conclusion to the Chief 
Counsel for Advocacy of the Small Business Administration.

Unfunded Mandates Reform

    Unfunded Mandates Reform Act of 1995--This rule will not include 
any Federal mandate that may result in increased expenditures by State, 
local, and tribal governments, in the aggregate, of $100 million or 
more, or in increased expenditures by the private sector of $100 
million or more.

Paperwork Reduction Act

    This rule contains no new information collection requirements for 
purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule 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 the United States-based companies to 
compete with foreign-based companies in domestic and export markets.

List of Subjects in 29 CFR Part 470

    Administrative practice and procedure, Government contracts, Union 
dues, Labor unions.

0
Accordingly, pursuant to Executive Order 13496 and for the reasons 
stated herein, the Secretary hereby amends Title 29 of the Code of 
Federal Regulations, Subchapter C, by removing Part 470 and reserving 
it for future use.

    Authority:  Executive Order 13496.

    Signed in Washington, DC, this 24th day of March, 2009.
Shelby Hallmark,
Acting Assistant Secretary for Employment Standards.
Andrew D. Auerbach,
Deputy Director, Office of Labor-Management Standards.
[FR Doc. E9-6926 Filed 3-27-09; 8:45 am]

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