Miscellaneous and General Requirements, 43425-43426 [2023-14399]

Download as PDF 43425 Rules and Regulations Federal Register Vol. 88, No. 130 Monday, July 10, 2023 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2429 Miscellaneous and General Requirements Federal Labor Relations Authority. ACTION: Interim final rule; request for comments. AGENCY: The Federal Labor Relations Authority (FLRA) is implementing this interim final rule with comment period (interim final rule) to enable parties to proceedings before the FLRA’s threeMember, decisional component (the Authority) to voluntarily request—in individual cases filed through the FLRA’s electronic-filing (eFiling) system—that the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases. The Authority welcomes comments on this interim final rule. DATES: This interim final rule is effective on July 11, 2023. The FLRA will accept public comments until August 10, 2023 ADDRESSES: You may send comments, which must include the caption ‘‘Miscellaneous and General Requirements,’’ by one of the following methods: • Email: FedRegComments@flra.gov. Include ‘‘Miscellaneous and General Requirements’’ in the subject line of the message. • Mail: Erica Balkum, Chief, Office of Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K Street NW, 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 81⁄2 lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:54 Jul 07, 2023 Jkt 259001 x 11 inch paper. Do not deliver comments by hand. FOR FURTHER INFORMATION CONTACT: Erica Balkum, Chief, Office of Case Intake and Publication at ebalkum@ flra.gov or at: (771) 444–5805. SUPPLEMENTARY INFORMATION: Currently, the FLRA’s regulations do not recognize email transmission as an official method of service of Authority documents on parties to Authority proceedings. The Authority has received numerous party requests for email service of such documents, particularly due to an increase in telework and remote work by party practitioners. Email service would allow parties to receive Authority documents on the same day of service. Under the FLRA’s regulations, when Authority documents are served by firstclass mail, the responding party receives five additional days for filing any responsive filings. 5 CFR 2429.22. However, the Authority has found that there have been many instances when mail has taken longer than five days to reach the intended recipient, thereby shortening the recipient’s response time. Allowing parties to opt for email service of Authority documents would avoid that problem and thereby improve customer service. In addition, preparing and mailing paper copies of Authority documents to parties imposes significant costs on the Authority in terms of staff time, supplies, and equipment maintenance. Making email service a recognized, official method of service would also reduce or eliminate these costs. For these reasons, the Authority hereby amends its regulations to allow parties using the FLRA’s eFiling system to consent to email service of Authority documents in individual cases. If a party consents to email service in a particular case, then the Authority shall serve documents on that party exclusively by email to the email address that the party provides in the eFiling system. It is the party’s obligation to maintain a valid email address in the system for proper service. When the Authority serves parties Authority documents by email, the date of service shall be the date the email is sent. We emphasize that these amendments apply only to documents issued by the FLRA’s Office of Case Intake and Publication in cases pending before the FLRA’s Members. It does not apply to PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 documents issued in cases pending before other FLRA offices or components, such as the Office of Administrative Law Judges or the Office of the General Counsel. The Authority finds that this interim final rule is not a substantive rule, but is a rule of agency organization, procedure, or practice, for which advance notice is not required. 5 U.S.C. 553(b)(A); Chrysler Corp. v. Brown, 441 U.S. 281, 301–02 & n.30 (1979) (stating that a substantive or legislative rule is one that ‘‘affect[s] individual rights or obligations’’). However, as noted above, the Authority welcomes comments on this interim final rule. Regulatory Flexibility Act Certification Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chairman of the FLRA has determined that this interim final rule will not have a significant impact on a substantial number of small entities, because this interim final 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 is 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 is not subject to the requirements of E.O. 13132 (64 FR 43255, Aug. 4, 1999). Unfunded Mandates Reform Act of 1995 This interim final 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 rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This interim final rule will not result in an annual effect E:\FR\FM\10JYR1.SGM 10JYR1 43426 Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules and Regulations 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 foreignbased companies in domestic and export markets. Paperwork Reduction Act of 1995 The amended 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 Part 2429 Administrative practice and procedure, Government employees, Labor management relations. For the reasons stated in the preamble, the FLRA amends 5 CFR part 2429 as follows: documents on that party exclusively by email to the email address provided by the party. * * * * * (c) Proof of service. Proof of service shall be verified by certificate of the individual serving the papers describing the manner of such service. When service is by mail, the date of service shall be the day when the matter served is deposited in the United States mail. When service is by facsimile, the date of service shall be the date the facsimile transmission is transmitted and, when necessary, verified by a dated facsimile record of transmission. When parties are served documents by the Authority by email, the date of service shall be the date the email is sent. Approved: July 3, 2023. Rebecca J. Osborne, Federal Register Liaison, Federal Labor Relations Authority. [FR Doc. 2023–14399 Filed 7–7–23; 8:45 am] PART 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS 1. The authority citation for part 2429 continues to read as follows: ■ DEPARTMENT OF TRANSPORTATION Authority: 5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a). Federal Aviation Administration 2. Amend § 2429.12 by revising paragraphs (a) and (c) to read as follows: 14 CFR Part 39 ■ § 2429.12 Service of process and papers by the Authority. lotter on DSK11XQN23PROD with RULES1 BILLING CODE 7627–01–P (a) Methods of service. Notices of hearings, decisions and orders of Regional Directors, decisions and recommended orders of Administrative Law Judges, decisions of the Authority, complaints, amended complaints, withdrawals of complaints, written rulings on motions, and all other papers required by this subchapter to be issued by the Authority, the General Counsel, Regional Directors, Hearing Officers, Administrative Law Judges, and Regional Directors when not acting as a party under part 2423 of this subchapter, shall be served personally, by first-class mail, by facsimile transmission, by certified mail, or, as described below with respect to documents issued by the Authority, by electronic mail (hereinafter, ‘‘email’’). Where facsimile equipment is available, rulings on motions; information pertaining to prehearing disclosure, conferences, orders, or hearing dates, and locations; information pertaining to subpoenas; and other similar or time sensitive matters may be served by facsimile transmission. Where a party using the FLRA’s eFiling system has consented to electronic service of documents issued by the Authority in a particular case, the Authority shall serve VerDate Sep<11>2014 15:54 Jul 07, 2023 Jkt 259001 [Docket No. FAA–2023–1411; Project Identifier MCAI–2023–00710–E; Amendment 39–22499; AD 2023–13–14] RIN 2120–AA64 Airworthiness Directives; Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca, S.A.) Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2023–01– 12, which applied to all Safran Helicopter Engines, S.A. (Safran) Model Arriel 1C, Arriel 1C1, and Arriel 1C2 engines. AD 2023–01–12 required replacing affected fire detectors and prohibited installation of affected fire detectors. Since the FAA issued AD 2023–01–12, the FAA has determined that Model Arriel 1K1 engines are also affected by the unsafe condition. This AD is prompted by reports of false engine fire warnings. This AD requires replacing the affected fire detectors, prohibits installation of affected fire detectors, and adds Model Arriel 1K1 engines to the applicability, as specified in an European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference (IBR). The SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 25, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 25, 2023. The FAA must receive comments on this AD by August 24, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1411; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For service information incorporated by reference in this final rule, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@ easa.europa.eu; website: easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2023–1411. FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 238– 7088; email: kevin.m.clark@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to E:\FR\FM\10JYR1.SGM 10JYR1

Agencies

Federal Labor Relations Authority

[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43425-43426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14399]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Rules 
and Regulations

[[Page 43425]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2429


Miscellaneous and General Requirements

AGENCY: Federal Labor Relations Authority.

ACTION: Interim final rule; request for comments.

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

SUMMARY: The Federal Labor Relations Authority (FLRA) is implementing 
this interim final rule with comment period (interim final rule) to 
enable parties to proceedings before the FLRA's three-Member, 
decisional component (the Authority) to voluntarily request--in 
individual cases filed through the FLRA's electronic-filing (eFiling) 
system--that the Authority use electronic mail (email) to serve the 
requesting parties any decisions, orders, and notices (Authority 
documents) issued in those individual cases. The Authority welcomes 
comments on this interim final rule.

DATES: This interim final rule is effective on July 11, 2023. The FLRA 
will accept public comments until August 10, 2023

ADDRESSES: You may send comments, which must include the caption 
``Miscellaneous and General Requirements,'' by one of the following 
methods:
     Email: [email protected]. Include ``Miscellaneous 
and General Requirements'' in the subject line of the message.
     Mail: Erica Balkum, Chief, Office of Case Intake and 
Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 
1400 K Street NW, 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: Erica Balkum, Chief, Office of Case 
Intake and Publication at [email protected] or at: (771) 444-5805.

SUPPLEMENTARY INFORMATION: Currently, the FLRA's regulations do not 
recognize email transmission as an official method of service of 
Authority documents on parties to Authority proceedings. The Authority 
has received numerous party requests for email service of such 
documents, particularly due to an increase in telework and remote work 
by party practitioners. Email service would allow parties to receive 
Authority documents on the same day of service. Under the FLRA's 
regulations, when Authority documents are served by first-class mail, 
the responding party receives five additional days for filing any 
responsive filings. 5 CFR 2429.22. However, the Authority has found 
that there have been many instances when mail has taken longer than 
five days to reach the intended recipient, thereby shortening the 
recipient's response time. Allowing parties to opt for email service of 
Authority documents would avoid that problem and thereby improve 
customer service.
    In addition, preparing and mailing paper copies of Authority 
documents to parties imposes significant costs on the Authority in 
terms of staff time, supplies, and equipment maintenance. Making email 
service a recognized, official method of service would also reduce or 
eliminate these costs.
    For these reasons, the Authority hereby amends its regulations to 
allow parties using the FLRA's eFiling system to consent to email 
service of Authority documents in individual cases. If a party consents 
to email service in a particular case, then the Authority shall serve 
documents on that party exclusively by email to the email address that 
the party provides in the eFiling system. It is the party's obligation 
to maintain a valid email address in the system for proper service. 
When the Authority serves parties Authority documents by email, the 
date of service shall be the date the email is sent.
    We emphasize that these amendments apply only to documents issued 
by the FLRA's Office of Case Intake and Publication in cases pending 
before the FLRA's Members. It does not apply to documents issued in 
cases pending before other FLRA offices or components, such as the 
Office of Administrative Law Judges or the Office of the General 
Counsel.
    The Authority finds that this interim final rule is not a 
substantive rule, but is a rule of agency organization, procedure, or 
practice, for which advance notice is not required. 5 U.S.C. 553(b)(A); 
Chrysler Corp. v. Brown, 441 U.S. 281, 301-02 & n.30 (1979) (stating 
that a substantive or legislative rule is one that ``affect[s] 
individual rights or obligations''). However, as noted above, the 
Authority welcomes comments on this interim final rule.

Regulatory Flexibility Act Certification

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Chairman of the FLRA has determined that this 
interim final rule will not have a significant impact on a substantial 
number of small entities, because this interim final 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 is 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 is not 
subject to the requirements of E.O. 13132 (64 FR 43255, Aug. 4, 1999).

Unfunded Mandates Reform Act of 1995

    This interim final 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 rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This 
interim final rule will not result in an annual effect

[[Page 43426]]

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 amended 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 Part 2429

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

    For the reasons stated in the preamble, the FLRA amends 5 CFR part 
2429 as follows:

PART 2429--MISCELLANEOUS AND GENERAL REQUIREMENTS

0
1. The authority citation for part 2429 continues to read as follows:

    Authority: 5 U.S.C. 7134; Sec.  2429.18 also issued under 28 
U.S.C. 2112(a).

0
2. Amend Sec.  2429.12 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  2429.12  Service of process and papers by the Authority.

    (a) Methods of service. Notices of hearings, decisions and orders 
of Regional Directors, decisions and recommended orders of 
Administrative Law Judges, decisions of the Authority, complaints, 
amended complaints, withdrawals of complaints, written rulings on 
motions, and all other papers required by this subchapter to be issued 
by the Authority, the General Counsel, Regional Directors, Hearing 
Officers, Administrative Law Judges, and Regional Directors when not 
acting as a party under part 2423 of this subchapter, shall be served 
personally, by first-class mail, by facsimile transmission, by 
certified mail, or, as described below with respect to documents issued 
by the Authority, by electronic mail (hereinafter, ``email''). Where 
facsimile equipment is available, rulings on motions; information 
pertaining to prehearing disclosure, conferences, orders, or hearing 
dates, and locations; information pertaining to subpoenas; and other 
similar or time sensitive matters may be served by facsimile 
transmission. Where a party using the FLRA's eFiling system has 
consented to electronic service of documents issued by the Authority in 
a particular case, the Authority shall serve documents on that party 
exclusively by email to the email address provided by the party.
* * * * *
    (c) Proof of service. Proof of service shall be verified by 
certificate of the individual serving the papers describing the manner 
of such service. When service is by mail, the date of service shall be 
the day when the matter served is deposited in the United States mail. 
When service is by facsimile, the date of service shall be the date the 
facsimile transmission is transmitted and, when necessary, verified by 
a dated facsimile record of transmission. When parties are served 
documents by the Authority by email, the date of service shall be the 
date the email is sent.

    Approved: July 3, 2023.
Rebecca J. Osborne,
Federal Register Liaison, Federal Labor Relations Authority.
[FR Doc. 2023-14399 Filed 7-7-23; 8:45 am]
BILLING CODE 7627-01-P

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