[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Proposed Rules]
[Pages 12287-12289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03210]


 ========================================================================
 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. 89, No. 33 / Friday, February 16, 2024 / 
Proposed Rules  

[[Page 12287]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Parts 2471 and 2472


Procedures of the Panel; Miscellaneous Requirements

AGENCY: Federal Service Impasses Panel, Federal Labor Relations 
Authority.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Labor Relations Authority's (FLRA) Federal Service 
Impasses Panel (FSIP) is proposing updates to its regulations to 
establish revised methods by which the public may obtain specific forms 
from the FSIP, and then file, or formally submit, those forms and other 
documents during the course of FSIP proceedings.

DATES: Written comments must be received on or before March 18, 2024.

ADDRESSES: You may send comments, which must include the caption ``FSIP 
Procedures of the Panel; Miscellaneous Requirements,'' by one of the 
following methods:
    Email: [email protected]. Include ``FSIP Procedures of the Panel; 
Miscellaneous Requirements'' in the subject line of the message.
    Mail: Thomas Tso, Solicitor, Federal Labor Relations Authority, 
1400 K Street NW, Suite 300, Washington, DC 20424-0001.
    Instructions: Do not mail written comments if they have been 
submitted via email. Interested persons who mail written comments must 
submit an original and 4 copies of each written comment, with any 
enclosures, on 8\1/2\ x 11 inch paper. Do not deliver comments by hand.

FOR FURTHER INFORMATION CONTACT: Kimberly Moseley, Executive Director, 
Federal Service Impasses Panel, at [email protected] or at: 771-444-
5765.

SUPPLEMENTARY INFORMATION: Due primarily to budgetary constraints, the 
Federal Labor Relations Authority (FLRA), including FSIP, is 
consolidating its office space at 1400 K Street NW, Washington, DC, so 
that all of the offices currently on the second floor of that address 
will now be located on the third floor, along with the other FLRA 
offices that are already located on the third floor. Additionally, as 
FSIP continues to move towards fully electronic case files, it wishes 
to strongly encourage parties to file any permissible documents through 
the eFiling system, and to implement a requirement that allows in-
person filing of forms or documents in FSIP matters by permission only, 
at an appointed time. To the extent that moving to an ``appointment-
only'' in-person filing system has any effect at all on parties' filing 
practices, it should promote eFiling. Further, it would assist FSIP--
which has currently a staff of only four employees--in more easily 
managing staff-coverage issues, especially if budget constraints or 
other considerations prevent it from filling vacancies as they arise.
    Given these considerations, the FSIP proposes to amend 5 CFR parts 
2471.2, 2471.5, 2472.3, 2472.5, and 2472.6 to update procedures for 
obtaining FSIP-specific forms and then filing or formally submitting 
those forms and other documents during the course of proceedings before 
the FSIP. The proposed amendments would promote eFiling, and conserve 
FSIP staff's time and efficiency by allowing staff members to accept 
documents after giving advance permission, and at specific appointed 
times. This arrangement will allow staff members to avoid remaining on 
constant stand-by for lengthy periods of time each week to accept forms 
and documents, thus losing the opportunity to perform other critical 
tasks.

Regulatory Flexibility Act Certification

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

Executive Order 12866, Regulatory Review

    The FLRA is an independent regulatory agency and thus not subject 
to the requirements of E.O. 12866 (58 FR 51735, Sept. 30, 1993).

Executive Order 13132, Federalism

    The FLRA is an independent regulatory agency and thus not subject 
to the requirements of E.O. 13132 (64 FR 43255, Aug. 4, 1999).

Unfunded Mandates Reform Act of 1995

    This proposed 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 proposed rule as defined by section 804 
of the Small Business Regulatory Enforcement Fairness Act of 1996. This 
proposed 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 proposed regulations contain no additional information 
collection or record-keeping requirements under the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3501, et seq.

List of Subjects in 5 CFR Parts 2471 and 2472

    Administrative practice and procedure, Government employees, Labor 
management relations.

    For the reasons discussed in the preamble, the FLRA proposes to 
amend 5 CFR parts 2471 and 2472 as follows:

PART 2471--PROCEDURES OF THE PANEL

0
1. The authority citation for part 2471 continues to read as follows:

    Authority:  5 U.S.C. 7119, 7134.

0
2. Revise Sec.  2471.2 to read as follows:

[[Page 12288]]

Sec.  2471.2   Request form.

    A form is available for parties to use in filing either a request 
for consideration of an impasse or an approval of a binding arbitration 
procedure. Copies are available on the FLRA's website at www.flra.gov 
or, with advance permission only, from the Office of the Executive 
Director, Federal Service Impasses Panel, Suite 300, 1400 K Street NW, 
Washington, DC 20424-0001. Telephone (771) 444-5762. Use of the form is 
not required, provided that the request includes all of the information 
set forth in Sec.  2471.3.
0
3. Amend Sec.  2471.5 by revising paragraphs (a) introductory text, 
(a)(1), (b) introductory text, (b)(1), and (d) to read as follows:


Sec.  2471.5   Filing and Service.

    (a) Filing and service of request.
    (1) Any party submitting a request for Panel consideration of an 
impasse or a request for approval of a binding arbitration procedure 
shall file an original and one copy with the Panel, unless the request 
is filed electronically as discussed below. A clean copy may be 
submitted for the original. Requests may be submitted electronically 
through use of the eFiling system on the FLRA's website at 
www.flra.gov, or by registered mail, certified mail, regular mail, or 
commercial delivery. Requests also may be accepted by the Panel if 
transmitted to the facsimile machine of its office, the number of which 
is (202) 482-6674. A party submitting a request by facsimile shall also 
file an original for the Panel's records, but failure to do so shall 
not affect the validity of the filing by facsimile, if otherwise 
proper. While requests may also be submitted by in-person delivery to 
the FSIP, you must first obtain permission, by calling (771) 444-5762, 
and then schedule an appointment at least one business day in advance 
of submission. In-person delivery is accepted with permission, and by 
appointment only, Monday through Friday (except federal holidays).
* * * * *
    (b) Filing and service of other documents.
    (1) Any party submitting a response to, or other document in 
connection with, a request for Panel consideration of an impasse or a 
request for approval of a binding arbitration procedure shall file an 
original and one copy with the Panel, with the exception of responses 
or documents filed simultaneously with the electronic filing of a 
request through use of the FLRA's eFiling system. Responses or 
documents may be submitted electronically through use of the eFiling 
system on the FLRA's website at www.flra.gov, or by registered mail, 
certified mail, regular mail, or commercial delivery. Responses or 
documents also may be accepted by the Panel if transmitted to the 
facsimile machine of its office, the number of which is (202) 482-6674. 
A party submitting a response or document by facsimile shall also file 
an original for the Panel's records, but failure to do so shall not 
affect the validity of the filing by facsimile, if otherwise proper. 
While responses or documents may also be submitted by in-person 
delivery to the FSIP, you must first obtain permission, by calling 
(771) 444-5762, and then schedule an appointment at least one business 
day in advance of submission. In-person delivery is accepted with 
permission, and by appointment only, Monday through Friday (except 
federal holidays).
* * * * *
    (d) The date of service or date served shall be the day when the 
matter served, if properly addressed, is deposited in the U.S. mail, 
deposited with a commercial-delivery service that will provide a record 
showing the date the document was tendered to the delivery service, or 
delivered in person after permission to do so is granted. Where service 
is made by electronic or facsimile transmission, the date of service 
shall be the date of transmission.
* * * * *

PART 2472--IMPASSES ARISING PURSUANT TO AGENCY DETERMINATIONS NOT 
TO ESTABLISH OR TO TERMINATE FLEXIBLE OR COMPRESSED WORK SCHEDULES

0
4. The authority citation for part 2472 continues to read as follows:

    Authority:  5 U.S.C. 6131.

0
5. Revise Sec.  2472.3 to read as follows:


Sec.  2472.3   Request for Panel Consideration.

    Either party, or the parties jointly, may request the Panel to 
resolve an impasse resulting from an agency determination not to 
establish or to terminate a flexible or compressed work schedule by 
filing a request as hereinafter provided. A form is available for use 
by the parties in filing a request with the Panel. Copies are available 
on the FLRA's website at www.flra.gov or, with advance permission only, 
from the Office of the Executive Director, Federal Service Impasses 
Panel, Suite 300, 1400 K Street NW, Washington, DC 20424-0001. 
Telephone (771) 444-5762. Fax (202) 482-6674. Use of the form is not 
required provided that the request includes all of the information set 
forth in Sec.  2472.4.
0
6. Revise Sec.  2472.5 to read as follows:


Sec.  2472.5   Where to file.

    Requests to the Panel provided for in this part must either be 
filed electronically through use of the FLRA's eFiling system on the 
FLRA's website at www.flra.gov, or be addressed to the Executive 
Director, Federal Service Impasses Panel, Suite 300, 1400 K Street NW, 
Washington, DC 20424-0001. All inquiries or correspondence on the 
status of impasses or other related matters must be submitted by 
regular mail to the street address above, by using the telephone number 
(771) 444-5762, or by using the facsimile number (202) 482-6674.
0
7. Amend Sec.  2472.6 by revising paragraphs (a) introductory text, 
(a)(1), (b) introductory text, (b)(1), and (d) to read as follows:


Sec.  2472.6   Filing and service.

    (a) Filing and service of request.
    (1) Any party submitting a request for Panel consideration of an 
impasse filed pursuant to Sec.  2472.3 of these rules shall file an 
original and one copy with the Panel unless the request is filed 
electronically as discussed below. A clean copy may be submitted for 
the original. Requests may be submitted electronically through use of 
the eFiling system on the FLRA's website at www.flra.gov, or by 
registered mail, certified mail, regular mail, or commercial delivery. 
Requests also may be accepted by the Panel if transmitted to the 
facsimile machine of its office, the number of which is (202) 482-6674. 
A party submitting a request by facsimile shall also file an original 
for the Panel's records, but failure to do so shall not affect the 
validity of the filing by facsimile, if otherwise proper. While 
requests may also be submitted by in-person delivery to the FSIP, you 
must first obtain permission, by calling (771) 444-5762, and then 
schedule an appointment at least one business day in advance of 
submission. In-person delivery is accepted with permission, and by 
appointment only, Monday through Friday (except federal holidays).
* * * * *
    (b) Filing and service of other documents.
    (1) Any party submitting a response to, or other document in 
connection with, a request for Panel consideration of an impasse filed 
pursuant to Sec.  2472.3 shall file an original and one copy with the 
Panel, with the exception of responses or documents that are filed 
simultaneously with the electronic

[[Page 12289]]

filing of a request for Panel consideration. A clean copy may be 
submitted for the original. Responses or documents may be submitted 
electronically through use of the eFiling system on the FLRA's website 
at www.flra.gov, or by registered mail, certified mail, regular mail, 
or commercial delivery. Responses or documents also may be accepted by 
the Panel if transmitted to the facsimile machine of its office, the 
number of which is (202) 482-6674. A party submitting a response or 
document by facsimile shall also file an original for the Panel's 
records, but failure to do so shall not affect the validity of the 
filing by facsimile, if otherwise proper. While responses or documents 
may also be submitted by in-person delivery to the FSIP, you must first 
obtain permission, by calling (771) 444-5762, and then schedule an 
appointment at least one business day in advance of submission. In-
person delivery is accepted with permission, and by appointment only, 
Monday through Friday (except federal holidays).
* * * * *
    (d) The date of service or date served shall be the day when the 
matter served, if properly addressed, is deposited in the U.S. mail, 
deposited with a commercial-delivery service that will provide a record 
showing the date the document was tendered to the delivery service, or 
delivered in person after permission to do so is granted. Where service 
is made by electronic or facsimile transmission, the date of service 
shall be the date of transmission.
* * * * *

    Approved: February 12, 2024.
Thomas Tso,
Solicitor and Federal Register Liaison, Federal Labor Relations 
Authority.
[FR Doc. 2024-03210 Filed 2-15-24; 8:45 am]
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