54042 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee the notice of a final rule, DOL rejected wherever possible, when drafting Board then multiplied this figure by commenters’ contentions that the regulations that will have a significant 2 hours to estimate the average costs for Executive Order and implementing impact on a substantial number of small employers to comply with this rule regulation were preempted by the entities. The focus of the RFA is to during the first year in which the rule Board’s jurisdiction under the Garmon ensure that agencies ‘“‘review draft rules is in effect. Accordingly, this rule is doctrine.188 Necessarily, this meant that to assess and take appropriate account estimated to impose average costs of DOL believed that the rule requiring of the potential impact on small $64.40 per employer subject to the federal contractors to post the employee _ businesses, small governmental NLRA (2 hours x $32.20) during the first rights notice did not involve any rights jurisdictions, and small organizations, year.191 These costs will decrease protected by Section 7 of the Act, such as provided by the [RFA].” E.0. 13272, dramatically in subsequent years as a right to receive such information Sec. 1, 67 FR 53461 (‘Proper because the only employers affected from their employer, or conduct Consideration of Small Entities in will be those that did not previously prohibited by the Act, such as the Agency Rulemaking’’). However, an satisfy their posting requirements or that employer’s failure to provide such agency is not required to prepare a final have since expanded their facilities or information. regulatory flexibility analysis fora final established new ones. Because the final Not only does my colleagues’ rule if the agency head certifies that the Tule will not require employers to post rulemaking action today contradict rule will not, if promulgated, have a the notice by email