Unknown. Final rule
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/register/2012/02/07/2012-2694A 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-2012-02-07.xml --- 77 25 Tuesday, February 7, 2012 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Funding Availabilities: Inviting Applications for the Federal-State Marketing Improvement Program, 6055-6056 2012-2706 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Revisions to Distilled Spirits Plant Operations Reports and Regulations:
Comment Period Extension, 6038 2012-2809 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirements for Recognizing the Animal Health Status of Foreign Regions, 6056-6057 2012-2709 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6092-6093 2012-2726 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Electronic Fund Transfers, 6194-6309 2012-1728 PROPOSED RULES Electronic Fund Transfers, 6310-6334 2012-1726 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 6123-6125 2012-2762 2012-2774 2012-2821 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6126-6127 2012-2656 Coast Guard Coast Guard RULES Anchorage Regulations: Newport, RI, 6010-6012 2012-2549 Drawbridge Operations: Annisquam River and Blynman Canal, Gloucester, MA, 6012-6013 2012-2780 Cheesequake Creek, Morgan, NJ, 6013 2012-2778 Hutchinson River (Eastchester Creek), Bronx, NY, 6012 2012-2783 Safety Zones;
Security Zones; Special Local Regulations; Drawbridge Operations; and Regulated Navigation Areas: Quarterly Listings, 6007-6009 2012-2742 Security Zones: Escorted Vessels on Lower Mississippi River, 6013-6016 2012-2674 PROPOSED RULES Drawbridge Operations: Christina River, Wilmington, DE, 6042-6044 2012-2789 Special Local Regulations: Savannah Tall Ships Challenge, Savannah River, Savannah, GA, 6039-6042 2012-2739 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6132-6133 2012-2675 Sector Upper Mississippi River Area Maritime Security Committee;
Vacancies, 6133-6134 2012-2759 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6057 2012-2684 Commodity Futures Commodity Futures Trading Commission RULES Protection of Cleared Swaps Customer Contracts and Collateral: Conforming Amendments to the Commodity Broker Bankruptcy Provisions, 6336-6409 2012-1033 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 6093-6094 2012-2811 2012-2813 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Acquisition Regulation System, 6094-6095 2012-2740 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6089-6092 2012-2724 2012-2725 2012-2727 2012-2728 Education Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 6095-6096 2012-2647 Applications for New Awards: Indian Education Professional Development Grants Program, 6096-6101 2012-2768 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: Tennessee; Prevention of Significant Deterioration and Nonattainment New Source Review Rules; Nitrogen Oxides as a Precursor to Ozone, 6016-6019 2012-2601 PROPOSED RULES Approvals and Promulgations of Implementation Plans:
Oregon; Infrastructure Requirements for 1997 8-Hour Ozone National Ambient Air Quality Standards, 6044-6054 2012-2779 NOTICES Final National Pollutant Discharge Elimination System: General Permit for Discharges from Concentrated Animal Feeding Operations in Oklahoma, 6112-6113 2012-2722 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Aviation Communication & Surveillance Systems
(ACSS)Traffic Alert and Collision Avoidance System
(TCAS)Units, 6000-6003 2012-2560 Cessna Aircraft Company Airplanes, 6003-6005 2012-1451 EADS CASA (Type Certificate Previously Held by Construcciones Aeronauticas, S.A.) Airplanes, 5998-6000 2012-2291 Eurocopter France Helicopters, 5991-5996 2012-1118 2012-2418 The Boeing Company Airplanes, 5996-5997 2012-2004 Special Conditions: Learjet Inc., Model LJ-200-1A10 Airplane, Pilot-compartment View through Hydrophobic Windshield Coatings in lieu of Windshield Wipers, 5990 2012-2672 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 6023-6026 2012-2678 Amendment of Class E Airsspace: Boise, ID, 6026-6027 2012-2761 Federal Communications Federal Communications Commission NOTICES Meetings: Advisory Committee on Diversity for Communications in the Digital Age, 6113 2012-2745 Video Programming and Accessibility Advisory Committee, 6113-6114 2012-2754 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: Thunder Bank, Sylvan Grove, KS, 6114 2012-2723 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 6101-6107 2012-2711 2012-2712 2012-2713 2012-2714 2012-2715 Filings: Arcadia Gas Storage, LLC, 6107 2012-2700 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Accent Energy Midwest II LLC, 6108-6109 2012-2703 Bishop Hill Energy II LLC, 6109-6110 2012-2717 Bishop Hill Interconnection LLC, 6110 2012-2716 CPV Sentinel, LLC, 6107-6108 2012-2701 Essential Power, LLC, 6108 2012-2704 Mariposa Energy, LLC, 6109 2012-2718 Phillips 66 Co., 6109 2012-2702 Petitions: Public Service Co. of Colorado, 6110-6111 2012-2698 Records Governing Off-the-Record Communications, 6111-6112 2012-2710 Staff Attendances: North American Electric Reliability Corp., 6112 2012-2705 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 6169-6171 2012-2661 2012-2663 Final Federal Agency Actions on Proposed Highway in California, 6171 2012-2699 Federal Labor Federal Labor Relations Authority RULES Procedures of the Panel: Impasses Arising Pursuant to Agency Determinations Not to Establish or to Terminate Flexible or Compressed Work Schedules, 5987-5989 2012-2694 Federal Railroad Federal Railroad Administration PROPOSED RULES Training, Qualification, and Oversight for Safety-Related Railroad Employees, 6412-6461 2012-2148 NOTICES Petitions for Waivers of Compliance, 6171-6172 2012-2744 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6114-6122 2012-2665 Federal Transit Federal Transit Administration NOTICES Funding Availabilities: FY 2012 Discretionary Bus and Bus Facilities Program and National Research Program, 6172-6178 2012-2755 Funding Opportunities: FY 2012 Bus and Bus Facilities Programs (State of Good Repair and Bus Livability Initiatives), etc., 6178-6190 2012-2752 Fish Fish and Wildlife Service NOTICES Interpretation of Phrase “Significant Portion of Its Range” in Endangered Species Acts Definitions, etc.: Draft Policy, 6138-6139 2012-2667 Permits: Endangered Species; Receipt of Applications, 6139-6140 2012-2662 Food and Drug Food and Drug Administration NOTICES Meetings: Submission of Extended Digital Electrocardiogram Waveform Data, 6127 2012-2756 Foreign Assets Foreign Assets Control Office NOTICES Foreign Narcotics Kingpin Designation Act: Additional Designations, 6191 2012-2729 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals for Manufacturing Authority: Baxter Healthcare Corp., Foreign-Trade Zone 22, Chicago, IL, 6057-6058 2012-2788 Expansion/Reorganization of Foreign-Trade Zones: Louisville, KY, 6058 2012-2799 Reorganizations and Expansions Under Alternative Site Framework: Foreign-Trade Zone 272, Counties of Lehigh and Northampton, PA, 6058 2012-2781 Reorganizations Under Alternative Site Framework: Foreign-Trade Zone 118, Ogdensburg, NY, 6058-6059 2012-2786 Foreign-Trade Zone 124, Gramercy, LA, 6059 2012-2776 Foreign-Trade Zone 275, Lansing, MI, 6059 2012-2773 Termination of Foreign-Trade Subzones: Dundee, IL, 6059-6060 2012-2794 General Services General Services Administration NOTICES Providing Refurbishment Services to Federal Agencies, 6122 2012-2767 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Presidential Advisory Council on HIV/AIDS, 6122-6123 2012-2707 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Memorandums of Understanding with Department of Homeland Security: Consultation Concerning Potential Vulnerabilities of Location of Proposed New Utilization Facilities, 6131-6132 2012-2600 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Collection for Full Housing Choice Voucher Program Administrative Fee Study, 6137-6138 2012-2720 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Application for Recognition as a 501(c)(29) Organization, 6005-6007 2012-2338 PROPOSED RULES Application for Recognition as a 501(c)(29) Organization, 6027-6028 2012-2339 Taxable Medical Devices, 6028-6038 2012-2493 International Trade Adm International Trade Administration NOTICES Administrative Reviews; Results, Extensions, Amendments, etc.: Hexametaphosphate from the People's Republic of China, 6060 2012-2750 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Citric Acid and Certain Citrate Salts from Canada, 6061-6064 2012-2802 Small Diameter Graphite Electrodes from the People's Republic of China, 6060-6061 2012-2770 Meetings: Environmental Technologies Trade Advisory Committee, 6064-6065 2012-2719 International Trade Com International Trade Commission NOTICES Complaints: Certain Ink Application Devices and Components Thereof and Methods of Using the Same; Correction, 6142-6143 2012-2677 Land Land Management Bureau NOTICES Filing of Plats of Survey: Nevada, 6141 2012-2697 Meetings: Utahs Resource Advisory Council, 6141 2012-2696 National Highway National Highway Traffic Safety Administration NOTICES Petitions: Spartan Motors Chassis, Inc.; Decision of Inconsequential Noncompliance, 6190 2012-2664 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6128 2012-2805 Meetings: National Cancer Institute, 6130 2012-2775 2012-2771 National Institute of Diabetes, Digestive and Kidney Diseases, 6129-6131 2012-2790 2012-2792 2012-2796 National Institute of General Medical Sciences, 6128-6129 2012-2736 2012-2766 National Institute on Aging, 6129 2012-2782 National Oceanic National Oceanic and Atmospheric Administration RULES Western Pacific Fisheries: 2012 Annual Catch Limits and Accountability Measures, 6019-6021 2012-2753 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cook Inlet Beluga Whale Economic Survey, 6065 2012-2671 Interpretation of Phrase “Significant Portion of Its Range” in Endangered Species Acts Definitions, etc.: Draft Policy, 6138-6139 2012-2667 Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in the Commonwealth of the Northern Mariana Islands, 6065-6080 2012-2749 Taking and Importing Marine Mammals: U.S. Navy Training in the Southern California Range Complex, 6084-6086 2012-2741 U.S. Navy's Atlantic Fleet Active Sonar Training, 6080-6084 2012-2746 Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities: Vandenberg Air Force Base, CA, 6086-6089 2012-2747 National Science National Science Foundation NOTICES Meetings: Committee on Equal Opportunities in Science and Engineering, 6143 2012-2666 National Transportation National Transportation Safety Board NOTICES FY 2010 Service Contract Inventory Analysis and FY 2011 Service Contract Inventory; Availability, 6143 2012-2657 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6143-6144 2012-2640 Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 6144-6150 2012-2594 Meetings; Sunshine Act, 6150-6151 2012-2852 Memorandums of Understanding with Department of Homeland Security: Consultation Concerning Potential Vulnerabilities of Location of Proposed New Utilization Facilities, 6131-6132 2012-2600 Personnel Personnel Management Office PROPOSED RULES Excepted Service: Appointment of Persons with Intellectual Disabilities, Severe Physical Disabilities and Psychiatric Disabilities, 6022-6023 2012-2660 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6151-6152 2012-2732 2012-2734 2012-2735 Applications: Henderson Global Funds, et al., 6152-6156 2012-2733 Rand Capital Corp., et al., 6156-6160 2012-2670 Meetings; Sunshine Act, 6160 2012-2815 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 6166-6167 2012-2669 Financial Industry Regulatory Authority, Inc., 6161-6162 2012-2680 NASDAQ OMX PHLX LLC, 6160-6164 2012-2641 2012-2668 The NASDAQ Stock Market LLC, 6164-6165 2012-2681 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Immigrant Visa and Alien Registration, 6167 2012-2807 English Language Evaluation Surveys, 6168 2012-2810 Culturally Significant Objects Imported for Exhibition Determinations: John Chamberlain - Choices, 6168-6169 2012-2806 Defense Trade Advisory Group; Membership, 6169 2012-2803 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6141-6142 2012-2612 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6134-6135 2012-2695 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Extension of Bond for Temporary Importation, 6136-6137 2012-2765 Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing, 6135-6136 2012-2763 Guam-CNMI Visa Waiver Agreement, 6137 2012-2769 Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 6194-6334 2012-1728 2012-1726 Part III Commodity Futures Trading Commission, 6336-6409 2012-1033 Part IV Transportation Department, Federal Railroad Administration, 6412-6461 2012-2148 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. 77 25 Tuesday, February 7, 2012 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Parts 2471 and 2472 Procedures of the Panel; Impasses Arising Pursuant to Agency Determinations Not To Establish or To Terminate Flexible or Compressed Work Schedules AGENCY: Federal Labor Relations Authority. ACTION: Final rule. SUMMARY: The Federal Labor Relations Authority (the FLRA) is engaged in an initiative to make electronic filing or “eFiling” available to parties in all cases before the FLRA. Making electronic filing or “eFiling” available to its parties is another way in which the FLRA is using technology to improve the customer service experience. EFiling is also expected to increase efficiencies by reducing procedural filing errors and resulting processing delays. DATES: *Effective Date:* March 8, 2012. ADDRESSES: Written comments can be emailed to *engagetheflra@flra.gov* or sent to the Case Intake and Publication Office, Federal Labor Relations Authority, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. All written comments will be available for public inspection during normal business hours at the Case Intake and Publication Office. FOR FURTHER INFORMATION CONTACT: Sarah Whittle Spooner, Counsel for Regulatory and External Affairs,
(202)218-7791; or email: *engagetheflra@flra.gov.* SUPPLEMENTARY INFORMATION: In this first stage in the FLRA's eFiling initiative, the FLRA revises the regulations concerning the procedures for filing requests for Federal Service Impasses Panel (Panel) assistance in the resolution of negotiation impasses. The purpose of the proposed revisions is to make it easier for parties to file such requests by permitting the use of electronic filing (eFiling). In addition, the proposed revisions allow parties to:
(1)Serve copies of the requests and other documents on other parties electronically, if the receiving parties grant permission to do so; and
(2)file additional documents with the Panel electronically, if the Panel has granted advance permission to do so. Further, consistent with the FLRA's other regulations and the proposed revisions regarding eFiling, the revisions change the date of service for facsimile service from the date of receipt of the transmission to the date of transmission, and change the current references to “private delivery” to “commercial delivery.” As the FLRA's eFiling procedures develop, the revisions set forth in this action may be evaluated and revised further. Sectional Analyses Sectional analyses of the amendments and revisions to part 2471, Procedures of the Panel, and part 2472, Impasses arising pursuant to agency determinations not to establish or terminate flexible or compressed work schedules, are as follows: Part 2471—Procedures of the Panel Section 2471.2 This section is amended to state that forms for parties to file either a request for consideration of an impasse or an approval of a binding arbitration procedure are available on the FLRA's Web site at *www.flra.gov.* Section 2471.4 This section is amended to provide that requests to the Panel provided in part 2471 may be filed electronically through use of the FLRA's eFiling system on the FLRA's Web site at *www.flra.gov.* Section 2471.5 This section is amended to provide that: requests to the Panel provided in part 2471 may be filed electronically through use of the FLRA's eFiling system; service on other parties may be made electronically with the permission of those parties; documents submitted simultaneously with eFiling under this part may be uploaded to the FLRA's eFiling system on the FLRA's Web site at *www.flra.gov;* other documents may be filed electronically with the Panel if the filing party receives advance permission from the Panel by telephone; certification of service on other parties may be made through the FLRA's eFiling system; and the date of service for both electronic and facsimile transmissions will be the date of transmission. In addition, this section is amended to change the use of the term “private-delivery service” to the term “commercial delivery.” Part 2472—Impasses Arising Pursuant to Agency Determinations Not To Establish or To Terminate Flexible or Compressed Work Schedules Section 2472.3 This section is amended to provide that copies of the form for filing requests with the Panel under part 2472 are available on the FLRA's Web site at *www.flra.gov.* Section 2472.5 This section is amended to provide that requests to the Panel under part 2472 may be filed electronically through use of the FLRA's eFiling system on the FLRA's Web site at *www.flra.gov.* Section 2472.6 This section is amended to provide that: requests to the Panel under § 2472.3 may be submitted electronically through use of the FLRA's eFiling system on the FLRA's Web site at *www.flra.gov;* a party may serve other parties by electronic transmission if they have the other parties' permission; documents may be submitted simultaneously with the eFiling of a request for Panel consideration, by uploading them through use of the FLRA's eFiling system at *www.flra.gov;* other documents may be filed electronically with the Panel if the filing party receives advance permission from the Panel by telephone; certification of service on other parties may be made in the FLRA's eFiling system when the party files electronically; and the date of service by electronic or facsimile transmission shall be the date of transmission. In addition, this section is amended to change the use of the term “private-delivery service” to the term “commercial delivery.” Executive Order 12866 The FLRA is an independent regulatory agency, and as such, is not subject to the requirements of E.O. 12866. Executive Order 13132 The FLRA is an independent regulatory agency, and as such, is not subject to the requirements of E.O. 13132. 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 rule, as amended, will not have a significant impact on a substantial number of small entities, because this rule applies only to Federal agencies, Federal employees, and labor organizations representing those 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 Parts 2471 and 2472 Administrative practice and procedure, Government employees, Labor management relations. PART 2471—[AMENDED] 1. The authority citation for part 2471 continues to read as follows: Authority: 5 U.S.C. 7119, 7134. 2. Section 2471.2 is revised to read as follows: § 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 Web site at *www.flra.gov,* or from the Office of the Executive Director, Federal Service Impasses Panel, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. Telephone
(202)218-7790. Use of the form is not required, provided that the request includes all of the information set forth in § 2471.3. 3. Section 2471.4 is revised to read as follows: § 2471.4 Where to file. Requests to the Panel provided for in this part must either be filed electronically through use of the eFiling system on the FLRA's Web site at *www.flra.gov,* or be addressed to the Executive Director, Federal Service Impasses Panel, Suite 200, 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
(202)218-7790, or by using the facsimile number
(202)482-6674. 4. Section 2471.5 is amended by revising paragraphs (a), (b), (c), and
(d)to read as follows: § 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 in person, electronically through use of the eFiling system on the FLRA's Web site 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. 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.
(2)The party submitting the request shall serve a copy of such request upon all counsel of record or other designated representative(s) of parties, upon parties not so represented, and upon any mediation service which may have been utilized. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. Service of a request may be made in person or by registered mail, certified mail, regular mail, or commercial delivery. With the permission of the person receiving the request, service may be made by electronic or facsimile transmission, or by any other agreed-upon method. When the Panel acts on a request from the Federal Mediation and Conciliation Service or acts on a request from the Executive Director under § 2471.1(a), it will notify the parties to the dispute, their counsel of record, if any, and any mediation service which may have been utilized.
(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 documents filed simultaneously with the electronic filing of a request through use of the FLRA's eFiling system. Documents may be submitted to the Panel in person or by registered mail, certified mail, regular mail, commercial delivery, or, in the case of documents submitted simultaneously with the electronic filing of a request for Panel assistance, may be uploaded electronically through use of the FLRA's eFiling system at *www.flra.gov.* Documents may also be accepted by the Panel if transmitted electronically or to the facsimile machine of the Panel's office, but only with advance permission, which may be obtained by telephone. A party submitting a 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 submission, if otherwise proper.
(2)The party submitting the document shall serve a copy of such request upon all counsel of record or other designated representative(s) of parties, or upon parties not so represented. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. Service of a document may be made in person or by registered mail, certified mail, regular mail, or commercial delivery. With the permission of the person receiving the document, service may be made by electronic or facsimile transmission, or by any other agreed-upon method.
(c)A signed and dated statement of service shall accompany each document submitted to the Panel, unless the document is a request under § 2471.5(a) that is filed electronically through use of the FLRA's eFiling system. For requests under § 2471.5(a) that are filed electronically through use of the FLRA's eFiling system, the filing party shall certify, in the FLRA's eFiling system and at the time of filing, that copies of the request and any supporting documents have been served as required. The statement of service, however filed, shall include the names of the parties and persons served, their addresses, the date of service, the nature of the document served, and the manner in which service was made.
(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 or is delivered in person or is deposited with a commercial-delivery service that will provide a record showing the date the document was tendered to the delivery service. Where service is made by electronic or facsimile transmission, the date of service shall be the date of transmission. PART 2472—[AMENDED] 5. The authority citation for part 2472 continues to read as follows: Authority: 5 U.S.C. 6131. 6. Section 2472.3 is revised to read as follows: § 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 Web site at *www.flra.gov,* or from the Office of the Executive Director, Federal Service Impasses Panel, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. Telephone
(202)218-7790. Fax
(202)482-6674. Use of the form is not required provided that the request includes all of the information set forth in § 2472.4. 7. Section 2472.5 is revised to read as follows: § 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 Web site at *www.flra.gov,* or be addressed to the Executive Director, Federal Service Impasses Panel, Suite 200, 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
(202)218-7790, or by using the facsimile number
(202)482-6674. 8. Section 2472.6 is amended by revising paragraphs (a), (b), (c), and
(d)to read as follows: § 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 § 2472.3 of these rules shall file an original and one copy with the Panel unless the request is filed electronically through use of the FLRA's eFiling system. A clean copy may be submitted for the original. Requests may be submitted in person, electronically, or by registered mail, certified mail, regular mail, or commercial delivery. Requests will also be accepted by the Panel if transmitted to the facsimile machine of its office. 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.
(2)The party submitting the request shall serve a copy of such request upon all counsel of record or other designated representative(s) of parties, and upon parties not so represented. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. Service of a request may be made in person or by registered mail, certified mail, regular mail, or commercial delivery. With the permission of the person receiving the request, service may be made by facsimile or electronic transmission, or by any other agreed-upon method.
(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 § 2472.3 shall file an original and one copy with the Panel, with the exception of documents that are filed simultaneously with the electronic filing of a request for Panel consideration. A clean copy may be submitted for the original. Documents may be submitted to the Panel in person or by registered mail, certified mail, regular mail, commercial delivery, or, in the case of documents submitted simultaneously with the electronic filing of a request for Panel consideration, may be uploaded electronically through use of the FLRA's eFiling system at *www.flra.gov.* Documents may also be accepted by the Panel if transmitted electronically or to the facsimile machine of its office, but only with advance permission, which may be obtained by telephone. A party submitting a 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 submission, if otherwise proper.
(2)The party submitting the document shall serve a copy of such request upon all counsel of record or other designated representative(s) of parties, or upon parties not so represented. Service of a document may be made in person or by registered mail, certified mail, regular mail, or commercial delivery. With the permission of the person receiving the document, service may be made by electronic or facsimile transmission, or by any other agreed-upon method.
(c)A signed and dated statement of service shall accompany each document submitted to the Panel, unless the document is a request under § 2472.3 that is filed electronically. For requests under § 2472.3 that are filed electronically, the filing party shall certify, in the FLRA's eFiling system and at the time of filing, that copies of the request and any supporting documents have been served as required. The statement of service, however filed, shall include the names of the parties and persons served, their addresses, the date of service, the nature of the document served, and the manner in which service was made.
(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, is delivered in person, or is deposited with a commercial-delivery service that will provide a record showing the date the document was tendered to the delivery service. Where service is made by electronic or facsimile transmission, the date of service shall be the date of transmission. Dated: February 1, 2012. Carol Waller Pope, Chairman. [FR Doc. 2012-2694 Filed 2-6-12; 8:45 am]
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Unknown
Final rule
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