[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Part 470
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
ACTION: Final rule; rescission of regulations.
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
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
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
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.
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
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.
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.
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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