SUPPLEMENTARY INFORMATION:

I. Background

On March 24, 2026, the FLRA published the Memo Amendment. Amendment to Memo. Describing the Authority and Assigned Responsibilities of the General Counsel of the Federal Labor Relations Authority, 91 FR 13949 (Mar. 24, 2026) (Member Anne Wagner dissenting). The Memo Amendment was effective April 23, 2026. Id. at 13949. In a memorandum and order on June 29, 2026, the United States District Court for the District of Massachusetts held that the Memo Amendment and its April 23, 2026, effective date were arbitrary and capricious. See AFGE, AFL-CIO v. FLRA, 838 F.Supp.3d 90 (D. Mass. June 29, 2026). In a final judgment on July 8, 2026, the District Court vacated the Memo Amendment's changes to Section I.C., but not changes to Section III, of Appendix B. See id., ( printed page 65451) Final J., Dkt. No. 45 (D. Mass. July 8, 2026). In order to implement the District Court's vacatur, this document reinstates the wording of Section I.C. of Appendix B as it appeared before the Memo Amendment took effect. This reinstated Section I.C. was already in effect as a matter of law due to the District Court's decision, but this publication restores its appearance in the Code of Federal Regulations. The FLRA has sought reconsideration of the District Court's decision. The FLRA will issue a superseding notice in the Federal Register if the District Court's decision is vacated.

II. Procedural and Other Matters

Section 553(b) of the Administrative Procedure Act, 5 U.S.C. 553(b), provides that when an agency for good cause finds that notice-and-comment procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for comment. The FLRA has determined that there is good cause for dispensing with an opportunity for comment, inasmuch as this rule merely conforms the text in the Code of Federal Regulations to the requirements of the District Court's decision.

Additionally, the FLRA finds that providing notice and an opportunity to comment is unnecessary because the FLRA is simply conducting the ministerial task of implementing the final judgment of the District Court.

Further, the FLRA finds good cause to make the revisions immediately effective under § 553(d)(3) of the Administrative Procedure Act. See id. 553(d)(3). Section 553(d)(3) provides that final rules shall not become effective until 30 days after publication in the Federal Register , “except . . . as otherwise provided by the agency for good cause,” among other exceptions. Id. The purpose of this provision is to “give affected parties a reasonable time to adjust their behavior before the final rule takes effect.” Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996). The FLRA has determined that there is good cause for making this final rule effective immediately because it merely implements the District Court's decision that already vacated the Memo Amendment's changes to Section I.C. of Appendix B. Accordingly, this final rule is effective immediately upon publication.

E.O. 12866

Pursuant to E.O. 12866 (“Regulatory Planning and Review”), as amended by E.O. 14215, a determination must be made whether a regulatory action is significant and therefore subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the E.O.

E.O. 13563 (“Improving Regulation and Regulatory Review”) supplements and reaffirms the principles, structures, and definitions governing contemporary regulatory review established in E.O. 12866.

This final rule was drafted and reviewed in accordance with E.O. 12866 and E.O. 13563. OMB has determined that this final rule is not a “significant regulatory action” as defined in section 3(f)(1) of E.O. 12866.

E.O. 14192 (“Unleashing Prosperity Through Deregulation”) requires that any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs associated with at least 10 prior regulations. This FLRA must adopt this final rule to comply with a court decision and does not anticipate any new incremental costs associated with the rule.

Regulatory Flexibility Act Certification

Pursuant to § 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chairman of the FLRA has determined that this final rule will not have a significant impact on a substantial number of small entities, because this final rule applies only to federal agencies, federal employees, and labor organizations representing those employees.

E.O. 13132, Federalism

The FLRA is an independent regulatory agency, and as such, is not subject to the requirements of E.O. 13132.

This final rule will not have substantial direct effects on the states, on the relationship between the national government and the states, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 13132, this final rule does not have sufficient federalism implications to warrant preparation of a federalism assessment.

E.O. 12988, Civil Justice Reform

This final rule meets the applicable standard set forth in section 3(a) and (b)(2) of E.O. 12988.

E.O. 13175, Consultation and Coordination With Indian Tribal Governments

This final rule does not have tribal implications under E.O. 13175, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes.

E.O. 14294, Overcriminalization of Federal Regulations

E.O. 14294 requires agencies promulgating regulations with criminal regulatory offenses potentially subject to criminal enforcement to explicitly describe the conduct subject to criminal enforcement, the authorizing statutes, and the mens rea standard applicable to each element of those offenses. This final rule does not impose a criminal regulatory penalty and is thus exempt from E.O. 14924's requirements.

Unfunded Mandates Reform Act of 1995

This final rule 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 were 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 § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This final 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 United States-based companies to compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act of 1995

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.

For the reasons stated in the preamble, the Federal Labor Relations Authority amends appendix B to 5 CFR chapter XIV as follows: ( printed page 65452)

Appendix B to 5 CFR Chapter XIV—Memorandum Describing the Authority and Assigned Responsibilities of the General Counsel of the Federal Labor Relations Authority