[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Proposed Rules]
[Pages 28797-28798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14099]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / 
Proposed Rules  

[[Page 28797]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2429


Miscellaneous and General Requirements

AGENCY: Federal Labor Relations Authority.

ACTION: Notice of opportunity to provide comments.

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SUMMARY: The FLRA is considering revising its regulations to permit the 
filing and/or service of documents by facsimile transmissions. The FLRA 
is also considering revising the method of determining the date of 
filing and service of documents by private delivery services. By 
separate notice published today, the Federal Service Impasses Panel, an 
entity within the FLRA, is proposing to revise its regulations to, 
among other things, permit filing and service of documents by facsimile 
transmissions.

DATES: Written comments in response to this notice will be considered 
if received by close of business on July 8, 1996. Extensions of time 
will not be granted.

ADDRESSES: Mail or deliver written comments to the FLRA, 607 14th 
Street, NW., Suite 415, Washington, D.C. 20424-0001. Copies of all 
written comments will be available for inspection and photocopying 
between 8 a.m. and 5 p.m., Monday through Friday, at the above address.

FOR FURTHER INFORMATION CONTACT: James H. Adams, Acting Director, Case 
Control Office, FLRA, 607 14th Street, NW., Suite 415, Washington, D.C. 
20424-0001, Telephone: FTS or Commercial (202) 482-6540.

SUPPLEMENTARY INFORMATION: To assist the Authority, the Office of 
Administrative Law Judges, the Office of the General Counsel, and the 
Regional Offices (collectively referred to herein as the ``FLRA'') in 
determining whether to revise the FLRA's regulations governing the 
filing and/or service of documents, the FLRA invites responses to the 
following questions. Questions 1 through 9 concern facsimile 
transmissions; question 10 concerns private delivery services.
    It appears that amending the FLRA's regulations to permit the 
filing and/or service of documents by facsimile transmissions may be 
desirable to parties attempting to achieve timely filings and service. 
However, allowing filing and service by facsimile raises questions 
relating to such matters as how to determine (and resolve disputes 
over) the timeliness of filing and/or service; potential difficulties 
caused by transmission of lengthy documents and/or attachments; and the 
current requirement that the parties file with the Authority an 
original and four copies of all documents and attachments. In 
considering matters such as these, the FLRA invites the views of all 
interested persons on any or all of the following questions.
    1. The number of pages transmitted by facsimile may exceed the 
capacity of the receiving facsimile equipment, and the time necessary 
to receive facsimile transmissions of lengthy documents may, in turn, 
affect others' abilities to use that equipment to complete filings and/
or service. In view of these technical concerns, should there be a 
limitation on the number of pages that may be transmitted to the FLRA 
and parties by facsimile? If so, what limitations?
    2. In addition, or as alternatives, to any page limitations, should 
the filing and/or service of documents by facsimile transmissions be 
limited to particular types of cases or documents? For example:
    a. Should filing and/or service by facsimile be limited to 
documents that must be filed within short time limits and that usually 
are not lengthy, such as requests for extensions of time and motions 
for reconsideration?
    b. Should filing and/or service by facsimile be limited to cases 
for which filing forms have been developed, such as unfair labor 
practice charges and representation petitions?
    3. Should attachments be permitted to be filed by facsimile? If 
not, what should be the time limit for the filing of attachments after 
filing of the main documents by facsimile?
    4. What should be the requirements for establishing proof of filing 
and/or service by facsimile?
    5. In order to facilitate the successful transmission of documents 
by facsimile by, for example, ensuring that the facsimile equipment 
receiving the documents is functioning properly, should a party be 
required to obtain ``permission to transmit'' from the FLRA or the 
parties, as applicable, before filing and/or service? If so, what 
should constitute proof of permission to file or serve by facsimile 
transmission? What should be the consequences if permission to transmit 
is denied?
    6. What approach should be used to determine the date of service of 
a document that is delayed because, for example, a facsimile machine at 
the receiving office--either the FLRA or the receiving parties--is not 
functioning properly or because the document is placed in a long queue? 
Should applicable time limits be tolled or extended? What if the time 
limit establishes jurisdiction?
    7. What should be the procedure when a facsimile transmission is 
incomplete?
    8. Assuming that a ``hard copy'' of a document filed by facsimile 
transmission is required, what should be the time limit for submitting 
that copy?
    9. Should the FLRA offices and/or the offices of the parties on 
whom documents are served accept facsimile transmissions on a 24-hour 
basis or only during regular office hours? If the answer is a 24-hour 
basis, how should the timeliness of documents be determined when a 
facsimile transmission is not completed because problems occur, such as 
an equipment malfunction, outside regular office hours?
    10. Currently, the date of filing or service of a document that is 
filed or served by private delivery service is the date the document is 
received by the FLRA or the party served. Should the FLRA revise its 
regulations to provide that the date of filing and/or service of 
documents that are filed by private delivery service is the date the 
document is deposited with the private delivery service? How would a 
party establish proof of filing and/or service by private delivery 
service?
    In addition to the foregoing, please address any other concerns, 
issues and matters that may arise as a result of revisions to the 
regulations governing the filing of documents with the

[[Page 28798]]

Authority, the Office of Administrative Law Judges, the General 
Counsel, and the Regional Offices and the service of documents on other 
parties.

    Dated: May 31, 1996.

For the FLRA.
James H. Adams,
Acting Director, Case Control Office.
[FR Doc. 96-14099 Filed 6-5-96; 8:45 am]
BILLING CODE 6727-01-P