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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43698 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

Director or the Hearing Officer, as the 

case may be, shall forthwith grant the 

subpoenas requested. Any person 

served with a subpoena, whether ad 

testificandum or duces tecum, if he or 

she does not intend to comply with the 

subpoena, shall, within 5 days after the 

date of service of the subpoena, petition 

in writing to revoke the subpoena. The 

date of service for purposes of 

computing the time for filing a petition 

to revoke shall be the date the subpoena 

is received. Such petition shall be filed 

with the Regional Director who may 

either rule upon it or refer it for ruling 

to the Hearing Officer except that if the 

evidence called for is to be produced at 

a hearing and the hearing has opened, 

the petition to revoke shall be filed with 

the Hearing Officer. Notice of the filing 

of petitions to revoke shall be promptly 

given by the Regional Director or 

Hearing Officer, as the case may be, to 

the party at whose request the subpoena 

was issued. The Regional Director or the 

Hearing Officer, as the case may be, 

shall revoke the subpoena if, in his/her 

opinion, the evidence whose production 

is required does not relate to any matter 

under investigation or in question in the 

proceedings or the subpoena does not 

describe with sufficient particularity the 

evidence whose production is required, 

or if for any other reason sufficient in 

law the subpoena is otherwise invalid. 

The Regional Director or the Hearing 

Officer, as the case may be, shall make 

a simple statement of procedural or 

other grounds for his/her ruling. The 

petition to revoke, any answer filed 

thereto, and any ruling thereon shall not 

become part of the record except upon 

the request of the party aggrieved by the 

ruling. Persons compelled to submit 

data or evidence are entitled to retain or, 

on payment of lawfully prescribed costs, 

to procure copies or transcripts of the 

data or evidence submitted by them. 

* * * * * 

■ 6. Amend § 102.67 by revising the first 

sentence of paragraph (c) and the first 

sentence of paragraph (i)(1) to read as 

follows: 

§ 102.67 Proceedings before the regional 

director; further hearing; action by the 

regional director; appeals from actions of 

the regional director; statement in 

opposition; requests for extraordinary 

relief; Notice of Election; voter list. 

* * * * * 

(c) Upon the filing of a request 

therefor with the Board by any 

interested person, the Board may review 

any action of a Regional Director 

delegated to him/her under Section 3(b) 

of the Act except as the Board’s Rules 

provide otherwise, but such a review 

shall not, unless specifically ordered by 

the Board, operate as a stay of any 

action by the Regional Director. * * * 

* * * * * 

(i)(1) * * * All documents filed with 

the Board under the provisions of this 

Section shall be double spaced, on 81⁄2- 

by 11-inch paper, and shall be printed 

or otherwise legibly duplicated. * * * 

* * * * * 

■ 7. Amend § 102.69 by revising 

paragraphs (a) and (d)(1)(ii) to read as 

follows: 

§ 102.69 Election procedure; tally of 

ballots; objections; certification by the 

regional director; hearings; hearing officer 

reports on objections and challenges; 

exceptions to hearing officer reports; 

regional director decisions on objections 

and challenges. 

(a) Election procedure; tally; 

objections. Unless otherwise directed by 

the Board, all elections shall be 

conducted under the supervision of the 

Regional Director in whose Region the 

proceeding is pending. All elections 

shall be by secret ballot. Whenever two 

or more labor organizations are included 

as choices in an election, either 

participant may, upon its prompt 

request to and approval thereof by the 

Regional Director, whose decision shall 

be final, have its name removed from 

the ballot, except that in a proceeding 

involving an employer-filed petition or 

a petition for decertification the labor 

organization certified, currently 

recognized, or found to be seeking 

recognition may not have its name 

removed from the ballot without giving 

timely notice in writing to all parties 

and the Regional Director, disclaiming 

any representation interest among the 

employees in the unit. A pre-election 

conference may be held at which the 

parties may check the list of voters and 

attempt to resolve any questions of 

eligibility or inclusions in the unit. 

When the election is conducted 

manually, any party may be represented 

by observers of its own selection, 

subject to such limitations as the 

Regional Director may prescribe. Any 

party and Board agents may challenge, 

for good cause, the eligibility of any 

person to participate in the election. 

The ballots of such challenged persons 

shall be impounded. Upon the 

conclusion of the election the ballots 

will be counted and a tally of ballots 

prepared and immediately made 

available to the parties. Within 7 days 

after the tally of ballots has been 

prepared, any party may file with the 

Regional Director objections to the 

conduct of the election or to conduct 

affecting the results of the election 

which shall contain a short statement of 

the reasons therefor and a written offer 

of proof in the form described in 

§ 102.66(c) insofar as applicable, except 

that the Regional Director may extend 

the time for filing the written offer of 

proof in support of the election 

objections upon request of a party 

showing good cause. Such filing(s) must 

be timely whether or not the challenged 

ballots are sufficient in number to affect 

the results of the election. The party 

filing the objections shall serve a copy 

of the objections, including the short 

statement of reasons therefor, but not 

the written offer of proof, on each of the 

other parties to the case, and include a 

certificate of such service with the 

objections. A person filing objections by 

facsimile pursuant to § 102.114(f) shall 

also file an original for the Agency’s 

records, but failure to do so shall not 

affect the validity of the filing if 

otherwise proper. In addition, extra 

copies need not be filed if the filing is 

by facsimile or electronically pursuant 

to § 102.114(f) or (i). The Regional 

Director will transmit a copy of the 

objections to be served on each of the 

other parties to the proceeding, but shall 

not transmit the offer of proof. 

* * * * * 

(d)(1)(i) Record in case with hearing. 

In a proceeding pursuant to this section 

in which a hearing is held, the record 

in the case shall consist of the Notice of 

Hearing, motions, rulings, orders, 

stenographic report of the hearing, 

stipulations, exhibits, together with the 

objections to the conduct of the election 

or to conduct affecting the results of the 

election, offers of proof made at the 

post-election hearing, any briefs or other 

legal memoranda submitted by the 

parties, any report on such objections 

and/or on challenged ballots, 

exceptions, the decision of the Regional 

Director, any requests for review, and 

the record previously made as defined 

in § 102.68. Materials other than those 

set out above shall not be a part of the 

record. 

* * * * * 

■ 8. Amend § 102.71 by revising the 

second sentence of paragraph (c) to read 

as follows: 

§ 102.71 Dismissal of petitions; refusal to 

proceed with petition; requests for review 

by the Board of action of the regional 

director. 

* * * * * 

(c) * * * The request shall contain a 

complete statement setting forth facts 

and reasons upon which the request is 

based.* * * 

* * * * * 

■ 9. Amend § 102.72 by revising the 

section heading and paragraphs (a) 


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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43699 

introductory text, (a)(1), and (c) to read 

as follows: 

§ 102.72 Filing petition with general 

counsel: investigation upon motion of 

general counsel; transfer of petition and 

proceeding from region to general counsel 

or to another region; consolidation of 

proceedings in same region; severance; 

procedure before general counsel in cases 

over which the general counsel has 

assumed jurisdiction. 

(a) Whenever it appears necessary in 

order to effectuate the purposes of the 

Act, or to avoid unnecessary costs or 

delay, the General Counsel may permit 

a petition to be filed with him/her in 

Washington, DC, or may, at any time 

after a petition has been filed with a 

Regional Director pursuant to § 102.60, 

order that such petition and any 

proceeding that may have been 

instituted with respect thereto: 

(1) Be transferred to and continued 

before him/her, for the purpose of 

investigation or consolidation with any 

other proceeding which may have been 

instituted in a Regional Office or with 

him/her; or 

* * * * * 

(c) The Regional Director may 

exercise the powers in paragraphs (a)(2) 

and (4) of this section with respect to 

proceedings pending in his/her Region. 

■ 10. Amend § 102.80 by revising 

paragraph (b) to read as follows: 

§ 102.80 Dismissal of petition; refusal to 

process petition under expedited 

procedure. 

* * * * * 

(b) If it shall appear to the regional 

director that an expedited election is not 

warranted but that proceedings under 

subpart C of this part are warranted, he/ 

she shall so notify the parties in writing 

with a simple statement of the grounds 

for his/her decision. 

* * * * * 

■ 11. Amend § 102.81 by revising the 

first sentence of paragraph (a) and the 

first sentence of paragraph (c) to read as 

follows: 

§ 102.81 Review by the general counsel of 

refusal to proceed on charge; resumption of 

proceedings upon charge held during 

pendency of petition; review by general 

counsel of refusal to proceed on related 

charge. 

(a) Where an election has been 

directed by the Regional Director or the 

Board in accordance with the provisions 

of §§ 102.77 and 102.78, the Regional 

Director shall decline to issue a 

complaint on the charge, and he/she 

shall so advise the parties in writing, 

accompanied by a simple statement of 

the procedural or other grounds for his/ 

her action.* * * 

* * * * * 

(c) If in connection with an 8(b)(7) 

proceeding, unfair labor practice 

charges under other sections of the Act 

have been filed and the Regional 

Director upon investigation has 

declined to issue a complaint upon such 

charges, he/she shall so advise the 

parties in writing, accompanied by a 

simple statement of the procedural or 

other grounds for his/her action.* * * 

■ 12. Amend § 102.83 by revising the 

second sentence to read as follows: 

§ 102.83 Petition for referendum under 

Section 9(e)(1) of the Act; who may file; 

where to file; withdrawal. 

* * * The petition shall be in writing 

and signed, and either must be sworn to 

before a notary public, Board agent, or 

other person duly authorized by law to 

administer oaths and take 

acknowledgments or must contain a 

declaration by the person signing it, 

under the penalties of the Criminal 

Code, that its contents are true and 

correct to the best of his/her knowledge 

and belief.* * * 

■ 13. Amend § 102.118 by revising 

paragraphs (a) and (b) to read as follows: 

§ 102.118 Present and former Board 

employees prohibited from producing 

documents and testifying; production of 

witnesses’ statements after direct 

testimony. 

(a) Prohibition on producing files and 

documents. Except as provided in 

§ 102.117 respecting requests cognizable 

under the Freedom of Information Act, 

no present or former employee or 

specially designated agent of the Agency 

will produce or present any files, 

documents, reports, memoranda, or 

records of the Board or of the General 

Counsel, whether in response to a 

subpoena duces tecum or otherwise, 

without the written consent of the Board 

or the Chairman of the Board if the 

document is in Washington, DC, and in 

control of the Board; or of the General 

Counsel if the document is in a Regional 

Office of the Board or is in Washington, 

DC, and in the control of the General 

Counsel. A request that such consent be 

granted must be in writing and must 

identify the documents to be produced, 

the nature of the pending proceeding, 

and the purpose to be served by the 

production of the documents. 

(b) Prohibition on testifying. No 

present or former employee or specially 

designated agent of the Agency will 

testify on behalf of any party to any 

cause pending in any court or before the 

Board, or any other board, commission, 

or other administrative agency of the 

United States, or of any State, territory, 

or the District of Columbia, or any 

subdivisions thereof, with respect to any 

information, facts, or other matter 

coming to that person’s knowledge in 

that person’s official capacity or with 

respect to the contents of any files, 

documents, reports, memoranda, or 

records of the Board or of the General 

Counsel, whether in answer to a 

subpoena or otherwise, without the 

written consent of the Board or the 

Chairman of the Board if the person is 

in Washington, DC, and subject to the 

supervision or control of the Board or 

was subject to such supervision or 

control when formerly employed at the 

Agency; or of the General Counsel if the 

person is in a Regional Office of the 

Agency or is in Washington, DC, and 

subject to the supervision or control of 

the General Counsel or was subject to 

such supervision or control when 

formerly employed at the Agency. A 

request that such consent be granted 

must be in writing and must identify the 

person whose testimony is desired, the 

nature of the pending proceeding, and 

the purpose to be served by the 

testimony of the official. 

* * * * * 

National Labor Relations Board. 

Gary Shinners, 

Executive Secretary. 

[FR Doc. 2017–19781 Filed 9–18–17; 8:45 am] 

BILLING CODE 7545–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0110; FRL–9967–88– 

Region 1] 

Air Plan Approval; Maine; Regional 

Haze 5-Year Progress Report 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine on 

February 23, 2016. Maine’s SIP revision 

addresses requirements of the Clean Air 

Act (CAA) and EPA’s rules that require 

States to submit periodic reports 

describing progress toward reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of the State’s existing regional 

haze SIP. Maine’s progress report notes 

that Maine has implemented the 

measures in the regional haze SIP due 

to be in place by the date of the progress 


asabaliauskas on DSKBBXCHB2PROD with RULES