Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43695 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise. 

Amendment to CBP Regulations 

For the reasons set forth above, part 

12 of Title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below. 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1202 (General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

§ 12.104(g) [Amended] 

■ 2. In § 12.104g, paragraph (a), the table 

is amended in the entry for ‘‘Mali’’ by: 

■ a. In the column headed ‘‘Cultural 

Property,’’ after the word ‘‘century’’ add 

the following words: ‘‘, and ethnological 

materials dating between the twelfth 

and twentieth centuries’’, and 

■ b. In the column headed ‘‘Decision 

No.,’’ by removing ‘‘12–14’’ and 

replacing it with ‘‘17–12’’. 

Dated: September 15, 2017. 

Ronald D. Vitiello, 

Acting Deputy Commissioner, U.S. Customs 

and Border Protection. 

Approved: 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2017–20056 Filed 9–15–17; 4:15 pm] 

BILLING CODE 9111–14–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Part 102 

RIN 3142–AA10 

Procedural Rules and Regulations 

AGENCY: National Labor Relations 

Board. 

ACTION: Final rule. 

SUMMARY: The National Labor Relations 

Board amends its procedural rules and 

regulations to include testimony 

transmitted by videoconference, and 

amicus brief filings. 

DATES: This rule is effective on 

September 29, 2017. 

FOR FURTHER INFORMATION CONTACT: Gary 

Shinners, Executive Secretary, National 

Labor Relations Board, 1015 Half Street 

SE., Washington, DC 20570, (202) 273– 

3737 (this is not a toll-free number), 1– 

866–315–6572 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: 

Background on the Rulemaking 

The changes are summarized below: 

I. Video Conferencing Testimony 

The Board added language covering 

procedures applicable to deposition 

testimony contemporaneously 

transmitted by videoconference. The 

procedures cover the filing of 

applications to take depositions by 

videoconference, the safeguards 

required for the taking of 

videoconference testimony, the timing, 

method, and bases for filing objections 

to the admissibility of videoconference 

testimony, transcription of 

videoconference testimony, and the 

payment of witness and court reporter 

fees associated with the taking of 

videoconference testimony. 

II. Amicus Curiae Brief Filings 

The Board added language setting 

forth the procedures covering 

procedures applicable to amicus curiae 

briefs. The procedures cover the 

circumstances when motions for 

permission to file an amicus brief may 

be filed, the contents of such motions, 

replies to motions, page length of 

amicus briefs, parties’ answering briefs 

to amicus briefs, and the solicitation of 

amicus briefs by the Board. 

Regulatory Flexibility Act Certification 

Pursuant to Section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the Agency has determined that 

these rule amendments will not have a 

significant impact on a substantial 

number of small entities. 

Unfunded Mandates Reform Act of 1995 

These rule amendments 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 are 

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, 5 U.S.C. 804. 

These amendments will not result in an 

annual effect on the economy of 

$100,000,000 or more or a major 

increase in costs or prices, nor will 

these amendments have 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 

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. 

Public Participation 

This rule is published as a final rule. 

The National Labor Relations Board 

considers this rule to be a procedural 

rule which is exempt from notice and 

public comment, pursuant to 5 U.S.C. 

553(b)(3)(A), as a rule of ‘‘agency 

organization, procedure, or practice.’’ If 

you wish to contact the Agency, please 

do so at the above listed address. 

However, before including your address, 

phone number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 29 CFR Part 102 

Administrative practice and 

procedure, Labor management relations. 

Gary Shinners, 

Executive Secretary. 

For the reasons stated in the 

preamble, the National Labor Relations 

Board amends 29 CFR part 102 as 

follows: 

PART 102—RULES AND 

REGULATIONS, SERIES 8 

■ 1. The authority citation for part 102 

continues to read as follows: 

Authority: Sections 1, 6, National Labor 

Relations Act (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)), and 

Section 102.117a also issued under section 

552a(j) and (k) of the Privacy Act of 1974 (5 

U.S.C. 552a(j) and (k)). 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)). 


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43696 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

■ 2. Amend § 102.30 by revising 

paragraphs (a) and (c) through (e) and 

adding paragraph (g) to read as follows: 

§ 102.30 Depositions, examination of 

witnesses. 

* * * * * 

(a) Applications to take depositions, 

including deposition testimony 

contemporaneously transmitted by 

videoconference, must be in writing and 

set forth the reasons why the 

depositions may be taken, the name, 

mailing address and email address (if 

available) of the witness, the matters 

concerning which it is expected the 

witness will testify, and the time and 

place proposed for taking the 

deposition, together with the name and 

mailing and email addresses of the 

person before whom it is desired that 

the deposition be taken (for the 

purposes of this section hereinafter 

referred to as the ‘‘officer’’). Such 

application must be made to the 

Regional Director prior to the hearing, 

and to the Administrative Law Judge 

during and subsequent to the hearing 

but before transfer of the case to the 

Board pursuant to § 102.45 or § 102.50. 

Such application must be served on the 

Regional Director or the Administrative 

Law Judge, as the case may be, and on 

all other parties, not less than 7 days 

(when the deposition is to be taken 

within the continental United States) 

and 15 days (if the deposition is to be 

taken elsewhere) prior to the time when 

it is desired that the deposition be 

taken. The Regional Director or the 

Administrative Law Judge, as the case 

may be, will upon receipt of the 

application, if in the Regional Director’s 

or Administrative Law Judge’s 

discretion, good cause has been shown, 

make and serve on the parties an order 

specifying the name of the witness 

whose deposition is to be taken and the 

time, place, and designation of the 

officer before whom the witness is to 

testify, who may or may not be the same 

officer as that specified in the 

application. Such order will be served 

on all the other parties by the Regional 

Director or on all parties by the 

Administrative Law Judge. 

* * * * * 

(c) At the time and place specified in 

the order, the officer designated to take 

the deposition will permit the witness 

to be examined and cross-examined 

under oath by all the parties appearing 

in person or by contemporaneous 

transmission through videoconference, 

and testimony shall be transcribed by 

the officer or under the officer’s 

direction. All objections to questions or 

evidence will be deemed waived unless 

made at the examination. The officer 

will not have power to rule upon any 

objections but the objections will be 

noted in the deposition. The testimony 

must be subscribed by the witness to the 

satisfaction of the officer who will 

attach a certificate stating that the 

witness was duly sworn by the officer, 

that the deposition is a true record of 

the testimony and exhibits given by the 

witness, and that the officer is not of 

counsel or attorney to any of the parties 

nor interested in the event of the 

proceeding or investigation. If the 

deposition is not signed by the witness 

because the witness is ill, dead, cannot 

be found, or refuses to sign it, such fact 

will be included in the certificate of the 

officer and the deposition may then be 

used as fully as though signed. The 

officer will immediately deliver the 

transcript, together with the certificate, 

in person, by registered or certified 

mail, or by E-File to the Regional 

Director or Division of Judges’ office 

handling the matter. 

(d) The Administrative Law Judge 

will rule upon the admissibility of the 

deposition or any part of the deposition. 

A party may object to the admissibility 

of deposition testimony by 

videoconference on grounds that the 

taking of the deposition did not comply 

with appropriate safeguards as set forth 

in § 102.35(c), provided that the party 

opposing the admission of the 

deposition raised deficiencies in 

safeguards at the time of the deposition 

when corrections might have been 

made. 

(e) All errors or irregularities in 

compliance with the provisions of this 

section will be deemed waived unless a 

motion to suppress the deposition in 

whole or part is made with reasonable 

promptness after such defect is or, with 

due diligence, might have been 

ascertained. 

* * * * * 

(g) The official record of the 

deposition testimony will be the official 

transcript prepared by the officer 

designated to transcribe the deposition 

testimony. 

■ 3. Revise § 102.32 to read as follows: 

§ 102.32 Payment of witness fees and 

mileage; fees of officer who transcribes 

deposition or video testimony. 

Witnesses summoned before the 

Administrative Law Judge must be paid 

the same fees and mileage that are paid 

witnesses in the courts of the United 

States, and witnesses whose depositions 

are taken or who testify by 

videoconference and the officer who 

transcribes the testimony shall severally 

be entitled to the same fees as are paid 

for like services in the courts of the 

United States, and those fees shall be 

paid by the party at whose instance the 

deposition is taken. 

■ 4. Amend § 102.35 by adding 

paragraph (c) to read as follows: 

§ 102.35 Duties and powers of 

Administrative Law Judges; stipulations of 

cases to Administrative Law Judges or to 

the Board; assignment and powers of 

settlement judges; video testimony. 

* * * * * 

(c) Upon a showing of good cause 

based on compelling circumstances, and 

under appropriate safeguards, the taking 

of video testimony by contemporaneous 

transmission from a different location 

may be permitted. 

(1) Applications to obtain testimony 

by videoconference must be presented 

to the Administrative Law Judge in 

writing, and the requesting party must 

simultaneously serve notice of the 

application upon all parties to the 

hearing. The application must set forth 

the compelling circumstances for such 

testimony, the witness’s name and 

address, the location where the video 

testimony will be held, the matter 

concerning which the witness is 

expected to testify, the conditions in 

place to protect the integrity of the 

testimony, the transmission safeguards, 

and the electronic address from which 

the video testimony will be transmitted. 

Such application and any opposition 

must be made promptly and within 

such time as not to delay the 

proceeding. 

(2) Appropriate safeguards must 

ensure that the Administrative Law 

Judge has the ability to assess the 

witness’s credibility and that the parties 

have a meaningful opportunity to 

examine and cross-examine the witness, 

and must include at a minimum 

measures that ensure that 

representatives of the parties have the 

opportunity to be present at the remote 

location, the judge, participants, and the 

reporter are able to hear the testimony 

and observe the witness, the camera 

view is adjustable to provide a close-up 

view of counsel and the witness and a 

panoramic view of the room, exhibits 

used in the witness’s examination are 

exchanged in advance of the 

examination, and video technology 

assistance is available to assist with 

technical difficulties that arise during 

the examination. The Administrative 

Law Judge may also impose additional 

safeguards. 

(3) The official record of the 

videoconference testimony will be the 

official transcript prepared by the officer 

designated to transcribe the testimony. 

■ 5. Amend § 102.46 by revising the 

section heading and adding paragraph 

(i) to read as follows: 


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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43697 

§ 102.46 Exceptions and brief in support; 

answering briefs to exceptions; crossexceptions and brief in support; answering 

briefs to cross-exceptions; reply briefs; 

failure to except; oral argument; filing 

requirements; amicus curiae briefs. 

* * * * * 

(i) Amicus curiae briefs. Amicus 

curiae briefs will be accepted only by 

permission of the Board. Motions for 

permission to file an amicus brief must 

state the bases of the movant’s interest 

in the case and why the brief will be of 

benefit to the Board in deciding the 

matters at issue. Unless the Board 

directs otherwise, the following 

procedures will apply. 

(1) The Board will consider motions 

to file an amicus brief only when: (a) A 

party files exceptions to an 

Administrative Law Judge’s decision; or 

(b) a case is remanded by the court of 

appeals and the Board requests briefing 

from the parties. 

(2) In circumstances where a party 

files exceptions to an Administrative 

Law Judge’s decision, the motion must 

be filed with the Office of the Executive 

Secretary of the Board no later than 42 

days after the filing of exceptions, or in 

the event cross-exceptions are filed, no 

later than 42 days after the filing of 

cross-exceptions. Where a case has been 

remanded by the court of appeals, the 

motion must be filed no later than 21 

days after the parties file statements of 

position on remand. A motion filed 

outside these time periods must be 

supported by a showing of good cause. 

The motion will not operate to stay the 

issuance of a Board decision upon 

completion of the briefing schedule for 

the parties. 

(3) The motion must be accompanied 

by the proposed amicus brief and must 

comply with the service and form 

prescribed by § 102.5. The brief may be 

no more than 25 pages in length. 

(4) A party may file a reply to the 

motion within 7 days of service of the 

motion. A party may file an answering 

brief to the amicus brief within 14 days 

of issuance of the Board’s order granting 

permission to file the amicus brief. 

Replies to an answering brief will not be 

permitted. 

(5) The Board may direct the 

Executive Secretary to solicit amicus 

briefs. In such cases, the Executive 

Secretary will specify in the invitation 

the due date and page length for 

solicited amicus briefs, and the deadline 

for the parties to file answering briefs. 

Absent compelling reasons, no 

extensions of time will be granted for 

filing solicited amicus briefs or 

answering briefs. 

[FR Doc. 2017–19783 Filed 9–18–17; 8:45 am] 

BILLING CODE 7545–01–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Part 102 

RIN 3142–AA09 

Procedural Rules and Regulations; 

Corrections 

AGENCY: National Labor Relations 

Board. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On March 6, 2017, the 

National Labor Relations Board revised 

its rules and regulations. Those 

revisions inadvertently failed to include 

certain language, which provided 

further clarification with respect to the 

prohibition on producing files and 

documents, and the prohibition on 

testifying. This document corrects that 

Section, as well as additional 

inadvertent errors that appear 

throughout the revised rules and 

regulations. 

DATES: The correcting amendments are 

effective September 19, 2017, but are 

applicable beginning March 6, 2017. 

FOR FURTHER INFORMATION CONTACT: Gary 

Shinners, Executive Secretary, National 

Labor Relations Board, 1015 Half Street 

SE., Washington, DC 20570, (202) 273– 

3737 (this is not a toll-free number), 1– 

866–315–6572 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: On March 

6, 2017, the National Labor Relations 

Board revised its rules and regulations 

and inadvertently failed to include 

language in § 102.118. This is the first 

set of corrections to the NLRB revisions 

that were published in the Federal 

Register on February 24, 2017 (82 FR 

11748). 

List of Subjects in 29 CFR Part 102 

Administrative practice and 

procedure, Labor management relations. 

Accordingly, 29 CFR part 102 is 

corrected by making the following 

correcting amendments: 

PART 102—RULES AND 

REGULATIONS, SERIES 8 

■ 1. The authority citation for part 102 

continues to read as follows: 

Authority: Sections 1, 6, National Labor 

Relations Act (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)), and 

Section 102.117a also issued under section 

552a(j) and (k) of the Privacy Act of 1974 (5 

U.S.C. 552a(j) and (k)). 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)). 

■ 2. Amend § 102.21 by revising the 

second sentence to read as follows: 

§ 102.21 Where to file; service upon the 

parties; form. 

* * * Immediately upon the filing of 

the answer, Respondent shall serve a 

copy thereof on the other parties. * * * 

■ 3. Amend § 102.30 by revising the first 

sentence of paragraph (c) to read as 

follows: 

§ 102.30 Depositions, examination of 

witnesses. 

* * * * * 

(c) At the time and place specified in 

the order, the officer designated to take 

the deposition will permit the witness 

to be examined and cross-examined 

under oath by all the parties appearing, 

and the witness’s testimony will be 

reduced to type-writing by the officer or 

under his/her direction. * * * 

* * * * * 

■ 4. Amend § 102.65 by revising the 

second and eighth sentences of 

paragraph (a) to read as follows: 

§ 102.65 Motions; intervention; appeals of 

Hearing Officer’s rulings. 

(a) * * * The Motion shall 

immediately be served on the other 

parties to the proceeding.* * * The 

Regional Director may rule upon all 

motions filed with him/her, causing a 

copy of the ruling to be served on the 

parties, or may refer the motion to the 

Hearing Officer, except that if the 

Regional Director prior to the close of 

the hearing grants a motion to dismiss 

the petition, the petitioner may obtain a 

review of such ruling in the manner 

prescribed in § 102.71.* * * 

* * * * * 

■ 5. Amend § 102.66 by revising 

paragraph (f) to read as follows: 

§ 102.66 Introduction of evidence: rights of 

parties at hearing; preclusion; subpoenas; 

oral argument and briefs. 

* * * * * 

(f) Subpoenas. The Board, or any 

Member thereof, shall, on the written 

application of any party, forthwith issue 

subpoenas requiring the attendance and 

testimony of witnesses and the 

production of any evidence, including 

books, records, correspondence, or 

documents, in their possession or under 

their control. The Executive Secretary 

shall have the authority to sign and 

issue any such subpoenas on behalf of 

the Board or any Member thereof. Any 

party may file applications for 

subpoenas in writing with the Regional 

Director if made prior to hearing, or 

with the Hearing Officer if made at the 

hearing. Applications for subpoenas 

may be made ex parte. The Regional 


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