[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Proposed Rules]
[Pages 30241-30242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12412]



29 CFR Part 1206

[Docket No. C-7034]
RIN 3140-ZA01

Representation Procedures and Rulemaking Authority

AGENCY: National Mediation Board.

ACTION: Proposed rule; notice of public hearing.


SUMMARY: The National Mediation Board (NMB or Board) extends an 
invitation to interested parties to attend an open public hearing with 
the Board and its staff on June 19, 2012. During the hearing, the NMB 
invites interested persons to share their views on the proposed rule 
changes related to the amendments to the Railway Labor Act (RLA) in the 
Federal Aviation Administration Modernization and Reform Act of 2012.

DATES: The hearing will be held on Tuesday, June 19, 2012 from 9 a.m. 
to 4 p.m. A second day may be scheduled for Wednesday, June 20, 2012 if 
necessary. Due to time and seating considerations, individuals desiring 
to attend the hearing, or to make a presentation before the Board, must 
notify the NMB staff, no later than 4 p.m. EDT on Friday, June 1, 2012.

ADDRESSES: The hearing will be held in the Margaret A. Browning Hearing 
Room (Room 11000), National Labor Relations Board, 1099 14th Street 
NW., Washington, DC 20570. Requests to attend the hearing must be 
addressed to Mary Johnson, General Counsel, National Mediation Board, 
1301 K Street NW., Suite 250-East, Washington, DC 20005. Written 
requests may also be made electronically to legal@nmb.gov. All 
communications must include Docket No. C-7034.

FOR FURTHER INFORMATION CONTACT: Mary Johnson, General Counsel, 
National Mediation Board, 202-692-5050, infoline@nmb.gov.

SUPPLEMENTARY INFORMATION: The National Mediation Board will hold an 
open public hearing on Tuesday, June 19, 2012, from 9 a.m. until 4 p.m. 
The purpose of the hearing will be to solicit views of interested 
persons concerning proposed rule changes. On Tuesday,

[[Page 30242]]

May 15, 2012, the NMB issued a Notice of Proposed Rulemaking (NPRM) (77 
FR 28536), proposing to amend its rules in response to amendments to 
the RLA contained in the Federal Aviation Administration Modernization 
and Reform Act of 2012, Public Law 112-095 (FAA Reauthorization). These 
rule changes are proposed to be codified at 29 CFR part 1206. In 
addition to the comment procedure outlined in the NPRM, the NMB is 
providing another opportunity for interested persons to provide their 
views to the Board on this important matter.
    The FAA Reauthorization amendments include a requirement that the 
Board change its rules according to the informal rulemaking procedures 
in the Administrative Procedure Act (APA), 5 U.S.C. 553, and ``after 
the opportunity for a public hearing.'' Because the language in the 
amendment does not trigger the stricter requirements in sections 556 
and 557 of the APA, this hearing will comply with those informal 
rulemaking procedures under the APA. See, e.g. United States v. 
Allegheny-Ludlum Steel Corp., 406 US 742 (1972); Siegal v. Atomic 
Energy Comm'n, 400 F.2d 778, 785 (D.C. Cir. 1968) (holding that formal 
rulemaking procedures are only required where ``the agency statute, in 
addition to providing a hearing, prescribes explicitly that it be `on 
the record.' '').
    Individuals desiring to attend the hearing must notify the NMB 
staff, in writing, at the above listed physical or email address by the 
deadline posted. If the individual desires to make a presentation to 
the Board at the hearing, he or she is required to submit a brief 
outline of the presentation when making the request. In addition, a 
full written statement must be submitted no later than 4 p.m. on 
Friday, June 15, 2012. In lieu of making an oral presentation, 
individuals may submit a written statement for the record.
    To attend the hearing, all potential attendees must include in 
their request: (1) their full name and (2) organizational affiliation 
(if any). Attendees are reminded to bring a photo identification card 
with them to the public hearing in order to gain admittance to the 
building. Due to the time and potential space limitations in the 
hearing room, the NMB will notify individuals of their attendance and/
or speaking status (i.e., preliminary time for their presentation) 
prior to the hearing. Time allocation for oral presentations will 
depend upon the number of individuals who desire to make presentations 
to the Board. Individuals should be prepared to summarize their written 
statements at the hearing.
    Agenda: The hearing will be limited to issues related to the NMB's 
proposed rule changes appearing in the Federal Register on May 15, 2012 
at 77 FR 28536-28538.

    Dated: May 17, 2012.
Mary Johnson,
General Counsel, National Mediation Board.
[FR Doc. 2012-12412 Filed 5-21-12; 8:45 am]