Representation-Case Procedures
| Published date | 12 April 2024 |
| Record Number | 2024-07819 |
| Citation | 89 FR 25805 |
| Court | National Labor Relations Board |
| Section | Rules and Regulations |
25805
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
1
The Enhancement and Standardization of
Climate-Related Disclosures for Investors, Rel. No.
33–11275 (Mar. 6, 2024).
2
See 89 FR 21,668 (Mar. 28, 2024).
3
See Nat. Res. Def. Council, Inc. v. SEC, No. 24–
707 (2d Cir. filed Mar. 12, 2024); Liberty Energy Inc.
v. SEC, No. 24–60109 (5th Cir. filed Mar. 6, 2024);
Louisiana v. SEC, No. 24–60109 (5th Cir. filed Mar.
7, 2024); Tex. All. of Energy Producers v. SEC, No.
24–60109 (5th Cir. filed Mar. 11, 2024); Chamber
of Commerce of U.S. of Am. v. SEC, No. 24–60109
(5th Cir. filed Mar. 14, 2024); Ohio Bureau of
Workers’ Comp. v. SEC, No. 24–3220 (6th Cir. filed
Mar. 13, 2024); Iowa v. SEC, No. 24–1522 (8th Cir.
filed Mar. 12, 2024); West Virginia v. SEC, No. 24–
10679 (11th Cir. filed Mar. 6, 2024); and Sierra Club
v. SEC, No. 24–1067 (D.C. Cir. filed Mar. 13, 2024).
4
On March 21, 2024, an additional petition for
review was filed in the Fifth Circuit. See Nat’l Legal
& Pol’y Ctr. v. SEC, No. 24–60147 (5th Cir. filed
Mar. 21, 2024). That petition was transferred to and
consolidated in the Eighth Circuit on April 1, 2024.
See Nat’l Legal & Pol’y Ctr. v. SEC, No. 24–1685
(8th Cir. docketed Apr. 1, 2024).
5
See ECF No. 87, Liberty Energy Inc. v. SEC, No.
24–60109 (5th Cir. Mar. 22, 2024).
6
On March 28, 2024, Liberty Energy Inc. and
Nomad Proppant Services LLC also filed a
complaint challenging the Final Rules in the
Northern District of Texas. See Liberty Energy Inc.
v. SEC, No. 3:24–cv–00739–G (N.D. Tex. filed Mar.
28, 2024).
7
See ECF No. 5379427, at 3, Iowa v. SEC, No. 24–
1522 (8th Cir. filed Apr. 1, 2024).
8
See 15 U.S.C. 78y(c)(2) (‘‘Until the court’s
jurisdiction becomes exclusive, the Commission
may stay its order or rule pending judicial review
if it finds that justice so requires.’’); 5 U.S.C. 705.
9
In the Matter of the Enhancement and
Standardization of Climate-Related Disclosures for
Investors (Order Issuing Stay), Release No. 33–
11280 (Apr. 4, 2024) (‘‘Commission Order’’). The
stay issued by the Commission Order is limited to
the Final Rules that have been challenged in the
consolidated Eighth Circuit petitions. It does not
stay any other Commission rules or guidance. See,
e.g., Commission Guidance Regarding Disclosure
Related to Climate Change, Rel. No. 33–9106 (Feb.
2, 2010), 75 FR 6290 (Feb. 8, 2010).
statements and annual reports.
1
The
Final Rules were subsequently
published in the Federal Register on
March 28, 2024.
2
Between March 6 and March 14, 2024,
petitions seeking review of the Final
Rules were filed in multiple courts of
appeals.
3
On March 8, 2024, petitioners
Liberty Energy Inc. and Nomad
Proppant Services LLC filed a motion in
the Fifth Circuit seeking an
administrative stay and a stay pending
judicial review of the Final Rules. On
March 15, 2024, the Fifth Circuit issued
an administrative stay.
On March 19, 2024, the Commission
filed a Notice of Multicircuit Petitions
for Review with the Judicial Panel on
Multidistrict Litigation pursuant to 28
U.S.C. 2112(a)(3). On March 21, 2024,
the Judicial Panel on Multidistrict
Litigation issued an order consolidating
the petitions for review in the U.S.
Court of Appeals for the Eighth Circuit.
4
On March 22, 2024, the Fifth Circuit
dissolved its administrative stay.
5
On March 26, 2024, Liberty Energy
Inc. and Nomad Proppant Services LLC
filed a letter in the Eighth Circuit noting
the pendency of their motion for an
administrative stay and a stay pending
judicial review. Also on March 26, 2024,
the Chamber of Commerce of the United
States of America, the Texas Association
of Business, and the Longview Chamber
of Commerce filed a motion in the
Eighth Circuit seeking a stay pending
judicial review. On March 29, 2024,
recognizing the efficiencies for the
parties and the Court, the Commission
filed a motion to establish a
consolidated briefing schedule
encompassing all motions seeking a stay
of the Final Rules pending judicial
review.
6
On April 1, thirty-one
petitioners opposed the Commission’s
motion to establish a consolidated
briefing schedule and urged the Court to
instead expedite briefing on the
‘‘already-filed and imminently
forthcoming emergency stay motions.’’
7
Pursuant to Exchange Act Section
25(c)(2) and Section 705 of the
Administrative Procedure Act, the
Commission has discretion to stay its
rules pending judicial review if it finds
that ‘‘justice so requires.’’
8
The
Commission has determined to exercise
its discretion to stay the Final Rules
pending the completion of judicial
review of the consolidated Eighth
Circuit petitions.
In issuing a stay, the Commission is
not departing from its view that the
Final Rules are consistent with
applicable law and within the
Commission’s long-standing authority to
require the disclosure of information
important to investors in making
investment and voting decisions. Thus,
the Commission will continue
vigorously defending the Final Rules’
validity in court and looks forward to
expeditious resolution of the litigation.
But the Commission finds that, under
the particular circumstances presented,
a stay of the Final Rules meets the
statutory standard. Among other things,
given the procedural complexities
accompanying the consolidation and
litigation of the large number of
petitions for review of the Final Rules,
a Commission stay will facilitate the
orderly judicial resolution of those
challenges and allow the court of
appeals to focus on deciding the merits.
Further, a stay avoids potential
regulatory uncertainty if registrants
were to become subject to the Final
Rules’ requirements during the
pendency of the challenges to their
validity. The Commission has
previously stayed its rules pending
judicial review in similar
circumstances. See Rule 610T of
Regulation NMS, Rel. No. 34–85447
(Mar. 28, 2019); and Facilitating
Shareholder Director Nominations, Rel.
Nos. 33–9149, 34–63031, IC–29456 (Oct.
4, 2010).
Accordingly, the Commission has
ordered, pursuant to Exchange Act
Section 25(c)(2) and Administrative
Procedure Act Section 705, that the
Final Rules are stayed pending the
completion of judicial review of the
consolidated Eighth Circuit petitions.
9
By the Commission.
Dated: April 4, 2024.
Vanessa A. Countryman.
Secretary.
[FR Doc. 2024–07648 Filed 4–11–24; 8:45 am]
BILLING CODE 8011–01–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 102
RIN 3142–AA18
Representation-Case Procedures
AGENCY
: National Labor Relations
Board.
ACTION
: Correcting amendments.
SUMMARY
: On August 25, 2023, the
National Labor Relations Board
published a final rule that revised its
representation case procedures. That
final rule failed to update certain cross-
references. This document corrects
those cross-references.
DATES
: Effective April 12, 2024.
FOR FURTHER INFORMATION CONTACT
:
Roxanne L. Rothschild, Executive
Secretary, 1015 Half Street SE,
Washington, DC 20570. Telephone:
(202) 273–1940.
SUPPLEMENTARY INFORMATION
: This is the
first set of corrections to the National
Labor Relations Board’s final rule on
representation case procedures,
published in the Federal Register on
August 25, 2023 at 88 FR 58076. It
corrects the cross references in
§ 102.66(d) from §102.63(b)(1)(iii) and
(b)(3)(iii) to § 102.63(b)(1)(i)(C) and
(b)(3)(i)(D).
List of Subjects in 29 CFR Part 102
Administrative practice and
procedure, Labor management relations.
Accordingly, the National Labor
Relations Board amends 29 CFR part
102 by making the following correcting
amendments:
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25806
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
PART 102—RULES AND
REGULATIONS, SERIES 8
■1. The authority citation for part 102
continues to read as follows:
Authority: 29 U.S.C. 151, 156. Section
102.117 also issued under 5 U.S.C.
552(a)(4)(A), and § 102.119 also issued under
5 U.S.C. 552(a)(j) and (k). Sections 102.143
through 102.155 also issued under 5 U.S.C.
504(c)(1).
Subpart D—Procedure Under Section
9(c) of the Act for the Determination of
Questions Concerning Representation
of Employees and for Clarification of
Bargaining Units and for Amendment
of Certifications Under Section 9(b) of
the Act
■2. Amend § 102.66 by revising
paragraph (d) to read as follows:
§ 102.66 Introduction of evidence: rights of
parties at hearing; preclusion; subpoenas;
oral argument and briefs.
* * * * *
(d) Preclusion. A party shall be
precluded from raising any issue,
presenting any evidence relating to any
issue, cross-examining any witness
concerning any issue, and presenting
argument concerning any issue that the
party failed to raise in its timely
Statement of Position or to place in
dispute in response to another party’s
Statement of Position or response,
except that no party shall be precluded
from contesting or presenting evidence
relevant to the Board’s statutory
jurisdiction to process the petition. Nor
shall any party be precluded, on the
grounds that a voter’s eligibility or
inclusion was not contested at the pre-
election hearing, from challenging the
eligibility of any voter during the
election. If a party contends that the
proposed unit is not appropriate in its
Statement of Position but fails to specify
the classifications, locations, or other
employee groupings that must be added
to or excluded from the proposed unit
to make it an appropriate unit, the party
shall also be precluded from raising any
issue as to the appropriateness of the
unit, presenting any evidence relating to
the appropriateness of the unit, cross-
examining any witness concerning the
appropriateness of the unit, and
presenting argument concerning the
appropriateness of the unit. If the
employer fails to timely furnish the lists
of employees described in
§ 102.63(b)(1)(i)(C), (b)(2)(iii), or
(b)(3)(i)(D), the employer shall be
precluded from contesting the
appropriateness of the proposed unit at
any time and from contesting the
eligibility or inclusion of any
individuals at the pre-election hearing,
including by presenting evidence or
argument, or by cross-examination of
witnesses.
* * * * *
Dated: April 9, 2024.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations
Board.
[FR Doc. 2024–07819 Filed 4–11–24; 8:45 am]
BILLING CODE 7545–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0280]
Special Local Regulations; Conch
Republic Navy Parade and Battle, Key
West, FL
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of enforcement of
regulation.
SUMMARY
: The Coast Guard will enforce
the special local regulations for the
Conch Republic Navy Parade and Battle,
in Key West, Florida. Our regulation for
Recurring Marine Events in Captain of
the Port Key West Zone identifies the
regulated area for this event. During the
enforcement period, no person or vessel
may enter, transit through, anchor in, or
remain within the regulated area
without approval from the Captain of
the Port Key West or a designated
representative.
DATES
: The regulations in 33 CFR
100.701, Table 1, item (b)(2) will be
enforced from 7 p.m. until 8 p.m. on
April 26, 2024.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this notice,
call or email MST2 Hayden Hunt, Sector
Key West Waterways Management
Department, Coast Guard; telephone
(305) 292–8823, email Hayden.B.Hunt@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
The Coast Guard will enforce the
special local regulations in 33 CFR
100.701, from 7 p.m. until 8 p.m. on
April 26, 2024 for the annual Great Sea
Battle of the Conch Republic in Key
West, Florida. This action is being taken
to provide for the safety of life on the
navigable waters of the Key West Harbor
during the simulated battle event. Our
regulation for Recurring Marine Events
in Captain of the Port Key West Zone,
§ 100.701, Table 1, item (b)(2), specifies
the location of the regulated area for the
reenactment of the battle within the Key
West Harbor.
During the enforcement period, no
person or vessel may enter, transit
through, anchor within, or remain
within the established regulated areas
without approval from the Captain of
the Port Key West or designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide notice of
this enforcement period via the Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
Dated: April 8, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2024–07825 Filed 4–11–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0242]
Special Local Regulations; Northern
California and Lake Tahoe Area Annual
Marine Events; Blessing of the Fleet,
San Francisco, CA
AGENCY
: Coast Guard, Department of
Homeland Security (DHS).
ACTION
: Notification of enforcement of
regulation.
SUMMARY
: The Coast Guard will enforce
the special local regulations for the
annual Blessing of the Fleet Boat Parade
on April 28, 2024, to provide for the
safety of life on navigable waterways in
the San Francisco Bay during this event.
Our regulation for marine events in
Northern California identifies the
regulated area for this event in San
Francisco, CA. During the enforcement
period, unauthorized persons or vessels
are prohibited from entering into,
transiting through, or loitering or
anchoring in the regulated area, unless
authorized by the designated Patrol
Commander (PATCOM) or other law
enforcement agencies on scene.
DATES
: The regulations in 33 CFR
100.1103 will be enforced for the
location listed in table 1, Item number
1, from 10 a.m. to noon on April 28,
2024.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this
notification of enforcement, call, or
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