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Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations 54043 the Board does not have the means to an annual inflow or outflow across state several comments urge that small calculate the number of small lines of at least $50,000. Siemons employers be exempted from the rule, businesses within the Board’s Mailing Service, 122 NLRB 81 (1959). the Board remains persuaded, for the jurisdiction. Accordingly, the Board Given that the Board estimates that this reasons set forth in the NPRM, that such assumes for purposes of this analysis rule will cost, on average, $64.40, the an exemption is unwarranted. 195 that the great majority of the nearly 6 total cost for the smallest affected Some comments contend that, in million small businesses will be companies would be an amount equal to concluding that the proposed rule will affected, and further that this number is less than two-tenths of one percent of not have a significant impact on small a substantial number within the that required annual inflow or outflow employers, the Board understates the meaning of 5 U.S.C. 601. However, as (.13%). The Board concludes that such _rule’s actual prospective costs. One discussed below, because the economic a small percentage is highly unlikely to comment, from Baker & Daniels LLP, impact on those employers is minimal, — adversely affect a small business.199 argues that the Board improperly the Board concludes that, under 5 And, in the Board’s judgment, the social focuses solely on the cost of complying U.S.C. 605, the final rule will not have benefits of employees’ (and employers’) with the rule—i.e., of printing and a significant economic impact on any becoming familiar with employees’ posting the notice—and ignored the small employers. ae NLRA rights far outweigh the minimal “actual economic impact of the rule’s The RFA does not define “significant costs to employers of posting notices effect and purpose.”’ According to this economic impact.” 5 U.S.C. 601. I

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