Unknown. Final rule

7,032 words·~32 min read·/register/2010/03/22/2010-6201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-03-22.xml --- 75 54 Monday, March 22, 2010 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West: Salable Quantities and Allotment Percentages for the 2010-2011 Marketing Year, 13445-13451 2010-6187 NOTICES Nominations for Members: National Organic Standards Board, 13484 2010-6188 Agriculture Agriculture Department See Agricultural Marketing Service See National Institute of Food and Agriculture Air Force Air Force Department NOTICES Meetings:

United States Air Force Scientific Advisory Board, 13514 2010-6215 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; Telecommunications Act Accessibility Guidelines: Electronic and Information Technology Accessibility Standards, 13457-13468 2010-6245 Census Census Bureau NOTICES Advisory Committee Renewals: Census Advisory Committees on the Race and Ethnic Populations, 13484-13485 2010-6247 Meetings:

Census Advisory Committees, 13494 2010-6251 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 13559-13560 2010-6217 2010-6178 2010-6180 2010-6194 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13543-13545 2010-6237 2010-6238 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: ANA Project Impact Assessment Survey, 13549-13550 2010-6141 Coast Guard Coast Guard RULES Safety Zones: Invista Inc. Facility Docks, Victoria Barge Canal, Victoria, TX, 13433-13436 2010-6161 PROPOSED RULES Special Local Regulation: Fran Schnarr Open Water Championships, Huntington Bay, NY, 13454-13457 2010-6159 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Interagency Policy Statement on Funding and Liquidity Risk Management, 13656-13666 2010-6137 Defense Defense Department See Air Force Department Education Education Department NOTICES Applications for Funding:

Migrant and Seasonal Farmworkers Program; Correction, 13523 C1--2010--5976 Applications for New Awards (FY 2010): Ready-to-Learn Television Program, 13515-13521 2010-6289 Proposed Priority: Centers for Independent Living Program--Training and Technical Assistance, 13521-13523 2010-6229 Employee Employee Benefits Security Administration NOTICES Model Notices for Health Care Continuation Coverage Provided Pursuant to the Consolidated Omnibus Budget Reconciliation Act, etc.; Availability, 13595-13597 2010-6174 Employment Employment and Training Administration NOTICES Labor Surplus Area Classification (under Executive Orders 12073 and 10582);

Correction, 13576-13595 2010-6207 Meetings: Native American Employment and Training Council, 13595 2010-6208 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Approval and Promulgation of State Implementation Plans: Alaska, 13436-13441 2010-3235 PROPOSED RULES Disapproval of California State Implementation Plan Revisions: Monterey Bay Unified Air Pollution Control District, 13468-13471 2010-6103 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reformulated Gasoline Commingling Provisions (Renewal), 13536-13537 2010-6241 Clean Water Act Section 303(d): Call for Public Comment on 303(d) Program and Ocean Acidification, 13537-13540 2010-6239 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Turbomeca Arriel 2B1 Turboshaft Engines, 13451-13453 2010-6179 Proposed Amendment of Class E Airspace; Corpus Christi, TX, 13453-13454 2010-6156 NOTICES Meetings:

Proposed AC 20-42D, Hand Fire Extinguishers for Use in Aircraft, 13646-13647 2010-6145 FCC Federal Communications Commission PROPOSED RULES Telephone Consumer Protection, 13471-13482 2010-6095 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13540-13542 2010-6139 FDIC Federal Deposit Insurance Corporation NOTICES Financial Institutions for Which the FDIC has been Appointed Either Receiver, Liquidator, or Manager; Update, 13542 2010-6143 Interagency Policy Statement on Funding and Liquidity Risk Management, 13656-13666 2010-6137 Federal Energy Federal Energy Regulatory Commission NOTICES Agenda for Form No. 552 Technical Conference:

Transparency Provisions of Section 23 of the Natural Gas Act, 13523-13524 2010-6163 Applications: CenterPoint Energy Gas Transmission Co., 13525-13526 2010-6165 Eastern Shore Natural Gas Co., 13524-13525 2010-6164 Muskingum Valley Hydro, LLC, 2010-6166 13526-13528 2010-6167 Northern Natural Gas Co. et al., 13524 2010-6232 Questar Overthrust Pipeline Co., 13526-13527 2010-6168 Combined Notice of Filings, 13528-13532 2010-6210 2010-6211 2010-6212 Dispute Resolution Panel Convening and Technical Conference:

Exelon Generation Co., LLC, 13532 2010-6231 Environmental Assessments; Availability, etc.: Paiute Pipeline Co.; 2010 Expansion Project, 13533-13534 2010-6236 Initial Market-Based Rate Filing: Cornerstone Power Development, LLC, 13535 2010-6235 Grays Ferry Cogeneration Partnership, 13534-13535 2010-6234 Request Under Blanket Authorization: Northern Natural Gas Co., 13535-13536 2010-6233 Federal Labor Federal Labor Relations Authority RULES Unfair Labor Practice Proceedings, 13429-13433 2010-6201 Federal Motor Federal Motor Carrier Safety Administration RULES Hours of Service:

Limited 90-Day Waiver for the Distribution of Anhydrous Ammonia in Agricultural Operations, 13441-13444 2010-6244 NOTICES Qualification of Drivers; Exemption Applications; Diabetes, 13647-13653 2010-6230 Qualification of Drivers; Exemption Applications; Vision, 13653-13654 2010-6243 Federal Reserve Federal Reserve System NOTICES Interagency Policy Statement on Funding and Liquidity Risk Management, 13656-13666 2010-6137 Food Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Focus Groups About Drug Products, as Used by the Food and Drug Administration, 13548-13549 2010-6172 Guidance for Industry Entitled Hypertension Indication; Drug Labeling for Cardiovascular Outcome Claims, 13547-13548 2010-6173 Compliance Policy Guide: Canned Salmon-Adulteration Involving Decomposition; Withdrawal of Guidance, 13555-13556 2010-6209 Filing of Color Additive Petition: Biocompatibles UK Ltd., 13556 2010-6177 Impact of Dissolvable Tobacco Use on Public Health;

Request for Comments, 13556-13557 2010-6216 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 13559-13560 2010-6169 Revised Draft Guidance for Industry on Pharmacokinetics in Patients With Impaired Renal Function: Study Design, Data Analysis, and Impact on Dosing and Labeling; Availability, 13562-13563 2010-6171 Foreign Foreign-Trade Zones Board NOTICES Foreign-Trade Zone 22; Temporary/Interim Manufacturing Authority: LG Electronics Mobilecomm USA, Inc. (Cell Phones);

Approval, 13484 2010-6272 Expansion of Foreign-Trade Zone 33: Pittsburgh, PA, 13488-13489 2010-6276 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Decision to Evaluate a Petition to Designate a Class of Employees to be Included in the Special Exposure Cohort:

De Soto Facility, Los Angeles County, CA, 13542 2010-6226 Downey Facility in Los Angeles County, CA, 13542-13543 2010-6224 Simonds Saw and Steel Co., Lockport, NY, 13543 2010-6221 Homeland Homeland Security Department See Coast Guard Indian Indian Health Service NOTICES Competitive Cooperative Agreement Applications: National Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome Program, 13550-13555 2010-6206 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 13655 2010-6147 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Revenue Procedure RP- 125212-09, Rules for Certain Rental Real Estate Activities, 13656 2010-6151 International International Trade Administration NOTICES Application(s) for Duty-Free Entry of Scientific Instruments, 13486 2010-6255 2010-6259 Extension of Time for the Preliminary Results of the Antidumping Duty Administrative Review: Magnesium Metal from the People's Republic of China, 13489 2010-6261 Final Results of Expedited Sunset Review of Antidumping Duty Order:

Natural Bristle Paint Brushes and Brush Heads from the People's Republic of China, 13489-13490 2010-6298 Final Results of the Fifteenth Administrative Review: Certain Corrosion Resistant Carbon Steel Flat Products from the Republic of Korea, 13490-13492 2010-6258 Initiation of Antidumping Duty Changed-Circumstances Review: Certain Frozen Warmwater Shrimp from India, 13492-13494 2010-6253 North American Free-Trade Agreement, Article 1904: NAFTA Panel Reviews; Request for Panel Review, 13494-13495 2010-6138 Preliminary Results of 2008-2009 Antidumping Duty Administrative Review:

Saccharin from the People's Republic of China, 13495-13497 2010-6295 Rescission of Antidumping Duty Administrative Review in Part: Freshwater Crawfish Tail Meat from the People's Republic of China, 13497-13498 2010-6267 International International Trade Commission NOTICES Meetings; Sunshine Act, 13573 2010-6304 Justice Justice Department See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Applications for Attorney Generals Honors Program and Summer Law Intern Program, 13573-13574 2010-6279 Procedures for Administration of Section 5 of Voting Rights Act (of 1965), 13574-13575 2010-6283 Privacy Act;

Systems of Records, 13575 2010-6213 Justice Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bulletproof Vest Partnership, 13575-13576 2010-6142 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Upper Las Vegas Wash Conservation Transfer Area, Las Vegas, NV, 13572 2010-6337 Meetings:

Central Montana Resource Advisory Council, 13573 2010-6227 Maritime Maritime Administration NOTICES Environmental Impact Statements; Availability, etc.: TORP Terminal LP, Bienville Offshore Energy Terminal Liquefied Natural Gas Deepwater Port License Application; Hearing, 13644-13645 2010-6125 Inventory of U.S.-Flag Launch Barges, 13645-13646 2010-6146 Use of Foreign-Flag Anchor Handling Vessels in the Beaufort Sea or Chukchi Sea Adjacent to Alaska, 13654-13655 2010-6144 Minerals Minerals Management Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Decommissioning Activities, 13568-13570 2010-6110 Oil and Gas Well-Workover Operations, 13570-13572 2010-6109 Subpart A - General, Revision of a Collection, 13563-13568 2010-6106 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council, 13598 2010-6293 NASA Advisory Council; Science Committee; Astrophysics Subcommittee, 13597 2010-6291 National Credit National Credit Union Administration NOTICES Interagency Policy Statement on Funding and Liquidity Risk Management, 13656-13666 2010-6137 National Institute of Food and Agriculture NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 13483 2010-6140 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 13557 2010-6107 National Cancer Institute, 13559 2010-6128 National Human Genome Research Institute, 13558 2010-6127 National Institute of Allergy and Infectious Diseases, 13558, 13561 2010-6123 2010-6124 National Institute of Dental and Craniofacial Research, 2010-6119 13561-13562 2010-6121 National Institute of Diabetes and Digestive and Kidney Diseases, 13557-13558 2010-6120 National Institute of Environmental Health Sciences, 13558 2010-6131 National Institute of General Medical Sciences, 13557 2010-6112 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Reallocation of Pacific Cod in Bering Sea and Aleutian Islands Management Area, 13444 2010-6228 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Socioeconomic Research and Monitoring for the Grays Reef National Marine Sanctuary, 13485-13486 2010-6070 Availability of Grant Funds for Fiscal Year 2010; Amendment, 13486-13488 2010-6249 Endangered Species; File No. 14949; Applications, 13488 2010-6250 Small Takes of Marine Mammals Incidental to Specified Activities:

Dumbarton Bridge Seismic Retrofit Project, CA, 13498-13502 2010-6252 Takes of Marine Mammals Incidental to Specified Activities: Manette Bridge Replacement in Bremerton, WA, 13502-13514 2010-6248 National Park National Park Service NOTICES Meetings: Gettysburg National Military Park Advisory Commission, 13572-13573 2010-6153 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 13598 2010-6154 Nuclear Nuclear Regulatory Commission NOTICES Charter Renewals:

Advisory Committee on the Medical Uses of Isotopes, 13598-13599 2010-6205 Draft Regulatory Guide; Issuance, Availability, 13599 2010-6196 Environmental Assessments; Availability, etc.: Arizona Public Service Co., Palo Verde Nuclear Generating Station (Units 1, 2, and 3), 13606-13607 2010-6195 Entergy Operations, Inc., Arkansas Nuclear One (Units 1 and 2), 13607-13608 2010-6193 Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear Station (Unit 2), 13600-13606 2010-6198 Virginia Electric and Power Co.;

North Anna Power Station (Unit Nos. 1 and 2) and Surry Power Station (Unit Nos. 1 and 2), 13600 2010-6199 Exemption: Tennessee Valley Authority; Sequoyah Nuclear Plant (Units 1 and 2), 13609-13610 2010-6190 Interim Staff Guidance: Implementation of a Seismic Margin Analysis for New Reactors Based on Probabilistic Risk Assessment, 13610-13611 2010-6200 Meetings: Advisory Committee on Reactor Safeguards; Planning and Procedures Subcommittee, 13611 2010-6186 Advisory Committee on Reactor Safeguards;

Subcommittee on Reliability and PRA, 13611 2010-6203 Postal Postal Regulatory Commission NOTICES New Postal Product, 13611-13612 2010-6170 Presidential Presidential Documents ADMINISTRATIVE ORDERS U.S.-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act; Delegation of Functions (Memorandum of March 10, 2010), 13427 2010-6363 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-6118 13612-13613 2010-6152 Meetings;

Sunshine Act, 13613 2010-6368 Order of Suspension of Trading: Talisman Enterprises, Inc., et al., 13614 2010-6315 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 13622-13623, 13625-13629 2010-6148 2010-6183 2010-6184 Financial Industry Regulatory Authority, Inc., 13632-13636 2010-6214 International Securities Exchange, LLC, 13636-13638 2010-6204 NASDAQ OMX BX, 13641-13643 2010-6116 NASDAQ OMX PHLX, Inc., 13614-13616, 13618-13620, 13638-13639 2010-6113 2010-6115 2010-6181 NASDAQ Stock Market LLC, 13620-13622, 13629-13632 2010-6117 2010-6182 NYSE Amex LLC, 13623-13625 2010-6150 NYSE Arca, Inc., 13616-13618, 13639-13641 2010-6114 2010-6149 State State Department NOTICES Meetings:

Industry Advisory Panel, 13643 2010-6242 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13545-13547 2010-6192 Thrift Thrift Supervision Office NOTICES Interagency Policy Statement on Funding and Liquidity Risk Management, 13656-13666 2010-6137 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration NOTICES Meetings:

Intelligent Transportation Systems Program Advisory Committee, 13643-13644 2010-6197 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 54 Monday, March 22, 2010 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2423 Unfair Labor Practice Proceedings AGENCY:

Office of the General Counsel, Federal Labor Relations Authority. ACTION: Final rule. SUMMARY: The General Counsel of the Federal Labor Relations Authority

(FLRA)revises portions of its regulations regarding unfair labor practice

(ULP)proceedings. The purpose of the revisions is to restore the Office of the General Counsel's

(OGC)role in facilitating the resolution of disputes and in providing training and educating the FLRA's customers about their rights and responsibilities under the Federal Service Labor-Management Relations Statute (Statute). The revisions also clarify certain administrative matters relating to the filing and investigation of ULP charges. These revisions reestablish the OGC's leadership role in providing guidance on Alternative Dispute Resolution

(ADR)techniques to union and agency representatives to strengthen labor-management relationships that will aid in resolving disputes short of litigation. These amended regulations are also consistent with the purposes underlying Executive Order 13522 (EO 13522) on Creating Labor-Management Forums to Improve Delivery of Government Services, issued on December 9, 2009 by President Obama. EO 13522 provides a platform from which a cooperative and productive form of labor-management relations throughout the executive branch of the Federal government will be established. The FLRA will play a prominent role in providing services, i.e., training; materials and guidances; and facilitation, which are needed to accomplish the objectives of EO 13522. With renewed attention to customer service, the OGC will use its expertise to foster successful labor-management relations through the training of union representatives and agency personnel in dispute resolution and cooperative methods of labor-management relations. Implementation of the regulatory changes will also enhance the purposes and policies of the Statute by promoting the resolution of disputes at an early stage, thereby preventing ULPs and/or reducing the need to file ULP charges, which will lower costs to the public. DATES: *Effective Date:* April 1, 2010. FOR FURTHER INFORMATION CONTACT: Dennis P. Walsh, Deputy General Counsel, at the address for the Office of the General Counsel or by telephone #

(202)218-7741. SUPPLEMENTARY INFORMATION: On February 1, 2010, the General Counsel of the FLRA proposed modifications to the existing rules and regulations in subpart A Part 2423 of title 5 of the Code of Federal Regulations regarding the prevention of ULPs and invited comments on the proposed modifications. (75 FR 5003) (Feb. 1, 2010). All comments have been considered prior to publishing the final rule. The major purpose of these revisions is to restore the ADR, training and education program. The General Counsel offers the OGC staff's services to assist the parties in working collaboratively to resolve labor-management relations disputes. These regulations are consistent with internal OGC policies concerning the prevention and resolution of ULP disputes and the investigation of ULP charges. Sectional Analyses Sectional analyses of the revisions to Part 2423—Unfair Labor Practice Proceedings are as follows: Part 2423—Unfair Labor Practice Proceedings Section 2423.0 This section is amended to provide that this part is applicable to any charge of an alleged ULP pending or filed with the Authority on or after April 1, 2010. Subpart A—Filing, Investigating, Resolving, and Acting on Charges Section 2423.1 The majority of the comments received concern sections 2423.1, 2423.2 and 2423.12. These sections clarify the OGC's role to include providing ADR services before and after the filing of a charge. Three commenters agreed with the amended regulations which restore the OGC's leadership role in providing guidance on ADR techniques and in participating in and encouraging the parties to resolve disputes before a charge has been filed, while a charge is being investigated, or after a Regional Director has made a merit determination. The commenters stated that the assistance of an FLRA Regional Office representative may help the parties to see the issues more clearly which will help to avoid unnecessary proceedings. One commenter stated that the FLRA's mission is better served by providing proactive programs including education and training. Another commenter proposed that the references to the OGC maintaining neutrality (sections 2423.1, 2423.8 and 2423.11) be restored. This commenter suggested that the parties do not need help in pursuing their respective interests. The commenter maintained that the question of whether the FLRA acts with neutrality has always existed. Another commenter stated that the amendment of the regulations in February 2008 to expressly ensure OGC's neutrality was misguided because the preservation of neutrality in no way precluded the OGC from engaging in ADR activities. In addition to the rationale provided in the Notice of Proposed Rulemaking, the OGC's Unfair Labor Practice Casehandling Manual provides policies, procedures, and guidance to OGC agents on the importance of maintaining neutrality throughout the ULP process. The OGC reiterates its belief that its neutrality is not compromised by helping parties to settle disputes if requested to do so, whether pre-charge, while a charge is being investigated, or after the Regional Director has made a merit determination. Thus, the final rule, as promulgated, is the same as the proposed rule. The above comments, which concern multiple sections of the regulations, are not repeated under the sectional analyses below. Section 2423.2 Comments described under the preceding section apply here. The final rule, as promulgated, is the same as the proposed rule. Section 2423.3 The final rule, as promulgated, is the same as the proposed rule. Section 2423.4 One commenter suggested that a Regional Director include supporting documents that are filed with the charge when the charge is forwarded to the Charged Party. This commenter stated that it will help the Charged Party understand the basis underlying the allegations of the charge. If the basis underlying the allegations of a charge cannot be discerned, a Regional Office will send the charge back to a Charging Party for clarification. Neither a copy of the charge nor an opening letter is sent to the Charged Party until the Region receives such clarification. Moreover, the confidentiality requirements set forth under section 2423.8(d) preclude the disclosure of the documents to which the commenter refers. The final rule, as promulgated, is the same as the proposed rule. Section 2423.5 This section is reserved. Section 2423.6 The final rule, as promulgated, is the same as the proposed rule. Section 2423.7 This section, which is reserved, is unchanged. Section 2423.8 Comments concerning the deletion of the neutrality provision are addressed above. The final rule, as promulgated, is the same as the proposed rule. Section 2423.9 The final rule, as promulgated, is the same as the proposed rule. Section 2423.10 The final rule, as promulgated, is the same as the proposed rule. Section 2423.11 One commenter endorsed the proposed change to provide for a Regional Director to exercise discretion concerning notifying the parties when a decision has been made to dismiss a charge. This commenter opined that the previous requirement that both parties be notified by the Regional Director of a decision to dismiss a charge had a chilling effect on the protected activity of charging parties. The final rule, as promulgated, is the same as the proposed rule. Section 2423.12 Comments concerning the implementation of ADR during the ULP process are addressed above. In addition, with regard to providing the grounds for granting an appeal of a Regional Director's approval of a unilateral settlement agreement (paragraph (c)), one commenter endorsed the change and stated that procedures for appeal of an administrative decision should be clear and that the proposed change restored transparency to the unilateral settlement procedure. The final rule, as promulgated, is the same as the proposed rule. Regulatory Flexibility Act Certification Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the General Counsel of the FLRA has determined that this regulation, as amended, will not have a significant impact on a substantial number of small entities, because this rule applies to federal employees, federal agencies, and labor organizations representing federal employees. Unfunded Mandates Reform Act of 1995 This rule change 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 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 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 2423 Administrative practice and procedure, Government employees, Labor management relations. For these reasons, the General Counsel of the Federal Labor Relations Authority amends 5 CFR Part 2423 as follows: PART 2423—UNFAIR LABOR PRACTICE PROCEEDINGS 1. The authority citation for part 2423 continues to read as follows: Authority: 5 U.S.C. 7134. 2. Section 2423.0 is revised to read as follows: § 2423.0 Applicability of this part. This part is applicable to any charge of alleged unfair labor practices pending or filed with the Authority on or after April 1, 2010. 3. Subpart A is revised to read as follows: Subpart A—Filing, Investigating, Resolving, and Acting on Charges Sec. 2423.1 Resolution of unfair labor practice disputes prior to a Regional Director determination whether to issue a complaint. 2423.2 Alternative Dispute Resolution

(ADR)services. 2423.3 Who may file charges. 2423.4 Contents of the charge; supporting evidence and documents. 2423.5 [Reserved] 2423.6 Filing and service of copies. 2423.7 [Reserved] 2423.8 Investigation of charges. 2423.9 Amendment of charges. 2423.10 Action by the Regional Director. 2423.11 Determination not to issue complaint; review of action by the Regional Director. 2423.12 Settlement of unfair labor practice charges after a Regional Director determination to issue a complaint but prior to issuance of a complaint. 2423.13-2423.19 [Reserved] Subpart A—Filing, Investigating, Resolving, and Acting on Charges § 2423.1 Resolution of unfair labor practice disputes prior to a Regional Director determination whether to issue a complaint.

(a)*Resolving unfair labor practice disputes prior to filing a charge.* The purposes and policies of the Federal Service Labor-Management Relations Statute can best be achieved by the collaborative efforts of all persons covered by that law. The General Counsel encourages all persons to meet and, in good faith, attempt to resolve unfair labor practice disputes prior to filing unfair labor practice charges. If requested, or agreed to by both parties, a representative of the Regional Office, in appropriate circumstances, may participate in these meetings to assist the parties in identifying the issues and their interests and in resolving the dispute. Attempts by the parties to resolve unfair labor practice disputes prior to filing an unfair labor practice charge do not toll the time limitations for filing a charge set forth at 5 U.S.C. 7118(a)(4).

(b)*Resolving unfair labor practice disputes after filing a charge.* The General Counsel encourages the informal resolution of unfair labor practice allegations subsequent to the filing of a charge and prior to a determination on the merits of the charge by a Regional Director. A representative of the appropriate Regional Office, as part of the investigation, may assist the parties in informally resolving their dispute. § 2423.2 Alternative Dispute Resolution

(ADR)services.

(a)*Purpose of ADR services.* The Office of the General Counsel furthers its mission and implements the agency-wide Federal Labor Relations Authority Collaboration and Alternative Dispute Resolution Program by promoting stable and productive labor-management relationships governed by the Federal Service Labor-Management Relations Statute and by providing services that assist labor organizations and agencies, on a voluntary basis to:

(1)Develop collaborative labor-management relationships;

(2)Avoid unfair labor practice disputes; and

(3)Informally resolve unfair labor practice disputes.

(b)*Types of ADR Services.* Agencies and labor organizations may jointly request, or agree to, the provision of the following services by the Office of the General Counsel:

(1)*Facilitation.* Assisting the parties in improving their labor-management relationship as governed by the Federal Service Labor-Management Relations Statute;

(2)*Intervention.* Intervening when parties are experiencing or expect significant unfair labor practice disputes;

(3)*Training.* Training labor organization officials and agency representatives on their rights and responsibilities under the Federal Service Labor-Management Relations Statute and how to avoid litigation over those rights and responsibilities, and on using problem-solving and ADR skills, techniques, and strategies to resolve informally unfair labor practice disputes; and

(4)*Education.* Working with the parties to recognize the benefits of, and establish processes for, avoiding unfair labor practice disputes, and resolving any unfair labor practice disputes that arise by consensual, rather than adversarial, methods.

(c)*ADR services after initiation of an investigation.* As part of processing an unfair labor practice charge, the Office of the General Counsel may suggest to the parties, as appropriate, that they may benefit from these ADR services. § 2423.3 Who may file charges.

(a)*Filing charges.* Any person may charge an activity, agency or labor organization with having engaged in, or engaging in, any unfair labor practice prohibited under 5 U.S.C. 7116.

(b)*Charging Party.* Charging Party means the individual, labor organization, activity or agency filing an unfair labor practice charge with a Regional Director.

(c)*Charged Party.* Charged Party means the activity, agency or labor organization charged with allegedly having engaged in, or engaging in, an unfair labor practice. § 2423.4 Contents of the charge; supporting evidence and documents.

(a)*What to file.* The Charging Party may file a charge alleging a violation of 5 U.S.C. 7116 by completing a form prescribed by the General Counsel, or on a substantially similar form, that contains the following information:

(1)The name, address, telephone number, facsimile number (where facsimile equipment is available), and e-mail address of the Charging Party;

(2)The name, address, telephone number, facsimile number (where facsimile equipment is available), and e-mail address of the Charged Party;

(3)The name, address, telephone number, facsimile number (where facsimile equipment is available), and e-mail address of the Charging Party's point of contact;

(4)The name, address, telephone number, facsimile number (where facsimile equipment is available), and e-mail address of the Charged Party's point of contact;

(5)A clear and concise statement of the facts alleged to constitute an unfair labor practice, a statement of how those facts allegedly violate specific section(s) and paragraph(s) of the Federal Service Labor-Management Relations Statute and the date and place of occurrence of the particular acts; and

(6)A statement whether the subject matter raised in the charge:

(i)Has been raised previously in a grievance procedure;

(ii)Has been referred to the Federal Service Impasses Panel, the Federal Mediation and Conciliation Service, the Equal Employment Opportunity Commission, the Merit Systems Protection Board, or the Office of the Special Counsel for consideration or action;

(iii)Involves a negotiability issue raised by the Charging Party in a petition pending before the Authority pursuant to part 2424 of this subchapter; or

(iv)Has been the subject of any other administrative or judicial proceeding.

(7)A statement describing the result or status of any proceeding identified in paragraph (a)(6) of this section.

(b)*When to file.* Under 5 U.S.C. 7118(a)(4), a charge alleging an unfair labor practice must normally be filed within six

(6)months of its occurrence unless one of the two

(2)circumstances described under paragraph

(B)of 5 U.S.C. 7118(a)(4) applies.

(c)*Declarations of truth and statement of service.* A charge shall be in writing and signed, and shall contain a declaration by the individual signing the charge, under the penalties of the Criminal Code (18 U.S.C. 1001), that its contents are true and correct to the best of that individual's knowledge and belief.

(d)* Statement of service.* A charge shall also contain a statement that the Charging Party served the charge on the Charged Party, and shall list the name, title and location of the individual served, and the method of service.

(e)* Self-contained document.* A charge shall be a self-contained document describing the alleged unfair labor practice without a need to refer to supporting evidence and documents submitted under paragraph

(f)of this section.

(f)*Submitting supporting evidence and documents and identifying potential witnesses.* When filing a charge, the Charging Party shall submit to the Regional Director any supporting evidence and documents, including, but not limited to, correspondence and memoranda, records, reports, applicable collective bargaining agreement clauses, memoranda of understanding, minutes of meetings, applicable regulations, statements of position and other documentary evidence. The Charging Party also shall identify potential witnesses with contact information (telephone number, e-mail address, and facsimile number) and shall provide a brief synopsis of their expected testimony. § 2423.5 [Reserved] § 2423.6 Filing and service of copies.

(a)*Where to file.* A Charging Party shall file the charge with the Regional Director for the region in which the alleged unfair labor practice has occurred or is occurring. A charge alleging that an unfair labor practice has occurred or is occurring in two or more regions may be filed with the Regional Director in any of those regions.

(b)*Filing date.* A charge is deemed filed when it is received by a Regional Director. A charge received in a Region after the close of the business day will be deemed received and docketed on the next business day. The business hours for each of the Regional Offices are set forth at *http://www.FLRA.gov.*

(c)*Method of filing.* A Charging Party may file a charge with the Regional Director in person or by commercial delivery, first class mail, facsimile or certified mail. If filing by facsimile transmission, the Charging Party is not required to file an original copy of the charge with the Region. A Charging Party assumes responsibility for receipt of a charge. Supporting evidence and documents must be submitted to the Regional Director in person, by commercial delivery, first class mail, certified mail, or by facsimile transmission.

(d)*Service of the charge.* The Charging Party shall serve a copy of the charge (without supporting evidence and documents) on the Charged Party. Where facsimile equipment is available, the charge may be served by facsimile transmission in accordance with paragraph

(c)of this section. The Region routinely serves a copy of the charge on the Charged Party, but the Charging Party remains responsible for serving the charge in accordance with this paragraph. § 2423.7 [Reserved] § 2423.8 Investigation of charges.

(a)*Investigation.* The Regional Director, on behalf of the General Counsel, conducts an investigation of the charge as deemed necessary. During the course of the investigation, all parties involved are afforded an opportunity to present their evidence and views to the Regional Director.

(b)*Cooperation.* The purposes and policies of the Federal Service Labor-Management Relations Statute can best be achieved by the full cooperation of all parties involved and the timely submission of all potentially relevant information from all potential sources during the course of the investigation. All persons shall cooperate fully with the Regional Director in the investigation of charges. A failure to cooperate during the investigation of a charge may provide grounds to dismiss a charge for failure to produce evidence supporting the charge. Cooperation includes any of the following actions, when deemed appropriate by the Regional Director:

(1)Making union officials, employees, and agency supervisors and managers available to give sworn/affirmed testimony regarding matters under investigation;

(2)Producing documentary evidence pertinent to the matters under investigation; and

(3)Providing statements of position on the matters under investigation.

(c)*Investigatory subpoenas.* If a person fails to cooperate with the Regional Director in the investigation of a charge, the General Counsel, upon recommendation of a Regional Director, may decide in appropriate circumstances to issue a subpoena under 5 U.S.C. 7132 for the attendance and testimony of witnesses and the production of documentary or other evidence. However, no subpoena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel or training within an agency or between an agency and the Office of Personnel Management.

(1)A subpoena shall be served by any individual who is at least 18 years old and who is not a party to the proceeding. The individual who served the subpoena must certify that he or she did so:

(i)By delivering it to the witness in person;

(ii)By registered or certified mail; or

(iii)By delivering the subpoena to a responsible individual (named in the document certifying the delivery) at the residence or place of business (as appropriate) of the person for whom the subpoena was intended. The subpoena shall show on its face the name and address of the Regional Director and the General Counsel.

(2)Any person served with a subpoena who does not intend to comply shall, within 5 days after the date of service of the subpoena upon such person, petition in writing to revoke the subpoena. A copy of any petition to revoke shall be served on the General Counsel.

(3)The General Counsel shall revoke the subpoena if the witness or evidence, the production of which is required, is not material and relevant to the matters under investigation or in question in the proceedings, or the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is invalid. The General Counsel shall state the procedural or other grounds for the ruling on the petition to revoke. The petition to revoke shall become part of the official record if there is a hearing under subpart C of this part.

(4)Upon the failure of any person to comply with a subpoena issued by the General Counsel, the General Counsel shall determine whether to institute proceedings in the appropriate district court for the enforcement of the subpoena. Enforcement shall not be sought if to do so would be inconsistent with law, including the Federal Service Labor-Management Relations Statute.

(d)*Confidentiality.* It is the General Counsel's policy to protect the identity of individuals who submit statements and information during the investigation, and to protect against the disclosure of documents obtained during the investigation, as a means of ensuring the General Counsel's continuing ability to obtain all relevant information. After issuance of a complaint and in preparation for a hearing, however, identification of witnesses, a synopsis of their expected testimony and documents proposed to be offered into evidence at the hearing may be disclosed as required by the prehearing disclosure requirements in § 2423.23. § 2423.9 Amendment of charges. Prior to the issuance of a complaint, the Charging Party may amend the charge in accordance with the requirements set forth in § 2423.6. § 2423.10 Action by the Regional Director.

(a)*Regional Director action.* The Regional Director, on behalf of the General Counsel, may take any of the following actions, as appropriate:

(1)Approve a request to withdraw a charge;

(2)Dismiss a charge;

(3)Approve a written settlement agreement in accordance with the provisions of § 2423.12;

(4)Issue a complaint; or

(5)Withdraw a complaint.

(b)*Request for appropriate temporary relief.* Parties may request the General Counsel to seek appropriate temporary relief (including a restraining order) under 5 U.S.C. 7123(d). The General Counsel may initiate and prosecute injunctive proceedings under 5 U.S.C. 7123(d) only upon approval of the Authority. A determination by the General Counsel not to seek approval of the Authority to seek such appropriate temporary relief is final and shall not be appealed to the Authority.

(c)*General Counsel requests to the Authority.* When a complaint issues and the Authority approves the General Counsel's request to seek appropriate temporary relief (including a restraining order) under 5 U.S.C. 7123(d), the General Counsel may make application for appropriate temporary relief (including a restraining order) in the district court of the United States within which the unfair labor practice is alleged to have occurred or in which the party sought to be enjoined resides or transacts business. Temporary relief may be sought if it is just and proper and the record establishes probable cause that an unfair labor practice is being committed. Temporary relief shall not be sought if it would interfere with the ability of the agency to carry out its essential functions.

(d)* Actions subsequent to obtaining appropriate temporary relief.* The General Counsel shall inform the district court which granted temporary relief pursuant to 5 U.S.C. 7123(d) whenever an Administrative Law Judge recommends dismissal of the complaint, in whole or in part. § 2423.11 Determination not to issue complaint; review of action by the Regional Director.

(a)*Opportunity to withdraw a charge.* If the Regional Director determines that the charge has not been timely filed, that the charge fails to state an unfair labor practice, or for other appropriate reasons, the Regional Director may request the Charging Party to withdraw the charge.

(b)*Dismissal letter.* If the Charging Party does not withdraw the charge within a reasonable period of time, the Regional Director will dismiss the charge and provide the parties with a written statement of the reasons for not issuing a complaint.

(c)*Appeal of a dismissal letter.* The Charging Party may obtain review of the Regional Director's decision to dismiss a charge by filing an appeal with the General Counsel within 25 days after service of the Regional Director's decision. A Charging Party shall serve a copy of the appeal on the Regional Director. The General Counsel shall serve notice on the Charged Party that an appeal has been filed.

(d)*Extension of time.* The Charging Party may file a request, in writing, for an extension of time to file an appeal, which shall be received by the General Counsel not later than 5 days before the date the appeal is due. A Charging Party shall serve a copy of the request for an extension of time on the Regional Director.

(e)*Grounds for granting an appeal.* The General Counsel may grant an appeal when the appeal establishes at least one of the following grounds:

(1)The Regional Director's decision did not consider material facts that would have resulted in issuance of a complaint;

(2)The Regional Director's decision is based on a finding of a material fact that is clearly erroneous;

(3)The Regional Director's decision is based on an incorrect statement or application of the applicable rule of law;

(4)There is no Authority precedent on the legal issue in the case; or

(5)The manner in which the Region conducted the investigation has resulted in prejudicial error.

(f)*General Counsel action.* The General Counsel may deny the appeal of the Regional Director's dismissal of the charge, or may grant the appeal and remand the case to the Regional Director to take further action. The General Counsel's decision on the appeal states the grounds listed in paragraph

(e)of this section for denying or granting the appeal, and is served on all the parties. Absent a timely motion for reconsideration, the decision of the General Counsel is final.

(g)*Reconsideration.* After the General Counsel issues a final decision, the Charging Party may move for reconsideration of the final decision if it can establish extraordinary circumstances in its moving papers. The motion shall be filed within 10 days after the date on which the General Counsel's final decision is postmarked. A motion for reconsideration shall state with particularity the extraordinary circumstances claimed and shall be supported by appropriate citations. The decision of the General Counsel on a motion for reconsideration is final. § 2423.12 Settlement of unfair labor practice charges after a Regional Director determination to issue a complaint but prior to issuance of a complaint.

(a)*Bilateral informal settlement agreement.* Prior to issuing a complaint, the Regional Director may afford the Charging Party and the Charged Party a reasonable period of time to enter into an informal settlement agreement to be approved by the Regional Director. When a Charged Party complies with the terms of an informal settlement agreement approved by the Regional Director, no further action is taken in the case. If the Charged Party fails to perform its obligations under the approved informal settlement agreement, the Regional Director may institute further proceedings.

(b)*Unilateral informal settlement agreement.* If the Charging Party elects not to become a party to a bilateral settlement agreement, which the Regional Director concludes effectuates the policies of the Federal Service Labor-Management Relations Statute, the Regional Director may choose to approve a unilateral settlement between the Regional Director and the Charged Party. The Regional Director, on behalf of the General Counsel, shall issue a letter stating the grounds for approving the settlement agreement and declining to issue a complaint. The Charging Party may obtain review of the Regional Director's action by filing an appeal with the General Counsel in accordance with § 2423.11(c) and (d). The General Counsel may grant an appeal when the Charging Party has shown that the Regional Director's approval of a unilateral settlement agreement does not effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute. The General Counsel shall take action on the appeal as set forth in § 2423.11(b) through (g). §§ 2423.13-2423.19 [Reserved] Dated: March 17, 2010. Julia Akins Clark, General Counsel, Federal Labor Relations Authority. [FR Doc. 2010-6201 Filed 3-19-10; 8:45 am]

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