Unknown. Final rule

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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-2016-09-15.xml --- 81 179 Thursday, September 15, 2016 Contents Agriculture Agriculture Department See Forest Service Fiscal Bureau of the Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: TreasuryDirect Customer Feedback, 63572-63573 2016-22175 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Performance Test Protocol for Closed System Transfer Devices Used During Pharmacy Compounding and Administration of Hazardous Drugs, 63482-63484 2016-22132 Civil Rights Civil Rights Commission NOTICES Meetings:

Delaware State Advisory Committee, 63468 2016-22196 West Virginia Advisory Committee, 63468-63469 2016-22197 Coast Guard Coast Guard RULES Requirements for Vessels with Registry Endorsements or Foreign-Flagged Vessels that Perform Certain Aquaculture Support Operations, 63420-63427 2016-22097 Safety Zones: Navy UNDET, Apra Outer Harbor, GU, 63418-63420 2016-22228 Special Local Regulations: Atchafalaya River, Morgan City, LA, 63416-63418 2016-22200 PROPOSED RULES Special Local Regulations:

San Diego Sharkfest Swim, San Diego Bay, CA, 63437-63440 2016-22227 NOTICES Meetings: Heavy Fuel Oil in the Arctic, 63489-63490 2016-22222 Towing Safety Advisory Committee, 63489 2016-22131 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission RULES Comparability Determination for Japan: Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 63376-63395 2016-22045 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63471 2016-22199 Comptroller Comptroller of the Currency PROPOSED RULES Industrial and Commercial Metals, 63428-63433 2016-22017 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Removal of Personally Identifiable Information from Registration Records, 63440-63445 2016-22011 Defense Department Defense Department See Engineers Corps NOTICES Privacy Act; Systems of Records, 63471-63474 2016-22236 Drug Drug Enforcement Administration PROPOSED RULES Requirements for Import, Export, and Reporting Domestic Transactions:

Controlled Substances, Listed Chemicals, and Tableting and Encapsulating Machines, 63576-63631 2016-21589 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Designing a Consent-Based Siting Process, 63475 2016-22312 Engineers Engineers Corps NOTICES Meetings: Chief of Engineers Environmental Advisory Board, 63474-63475 2016-22062 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

New York; Prevention of Significant Deterioration of Air Quality and Nonattainment New Source Review, 63448-63454 2016-22238 NOTICES Charter Renewals: National Environmental Justice Advisory Council, 63478 2016-22220 Meetings: Chartered Science Advisory Board; Closed Teleconference, 63479-63480 2016-22231 Public Water System Supervision Program Revision for New Mexico, 63480 2016-22237 Requests for Nominations: Children's Health Protection Advisory Committee, 63478-63479 2016-22124 Farm Credit Farm Credit Administration RULES Releasing Information:

Availability of Records; FOIA Fees, 63365-63366 2016-22107 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 63374-63376 2016-21707 Airbus Airplanes, 63370-63374 2016-21146 ATR—GIE Avions de Transport Regional Airplanes, 63367-63370 2016-21292 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 63433-63435 2016-22101 NOTICES Meetings: NextGen Advisory Committee, 63572 2016-22209 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63480-63482 2016-22194 2016-22195 Federal Emergency Federal Emergency Management Agency NOTICES Requests for Nominations: FEMA National Advisory Council-Integrated Public Alert and Warning System Subcommittee, 63490-63491 2016-22127 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 63475-63477 2016-22201 2016-22202 Effectiveness of Exempt Wholesale Generator Status: Tyler Bluff Wind Project, LLC; Kelly Creek Wind, LLC;

Great Western Wind Energy, LLC; et al., 63476 2016-22203 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Median Energy Corp., 63476-63477 2016-22206 Sunflower Wind Project, LLC, 63476 2016-22205 Petitions for Declaratory Orders: SunE M5B Holdings, LLC, 63478 2016-22204 Workshop Notes: Data Collection for Analytics and Surveillance and Market-Based Rate Purposes, 63478 2016-22207 Federal Labor Federal Labor Relations Authority RULES Testimony by FLRA Employees and Production of Official Records in Legal Proceedings, 63361-63365 2016-21427 Federal Maritime Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 63482 2016-22299 Federal Trade Federal Trade Commission RULES Disclosure of Written Consumer Product Warranty Terms and Conditions; Pre-Sale Availability of Written Warranty Terms, 63664-63670 2016-21853 Energy Labeling Rule, 63634-63661 2016-21854 PROPOSED RULES Disposal of Consumer Report Information and Records, 63435-63437 2016-22198 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Threatened Species Status for Chorizanthe parryi var. fernandina (San Fernando Valley Spineflower), 63454-63466 2016-22167 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities:

Givaudan Flavors Corp. (Flavor Products), Foreign-Trade Zone 46G, Cincinnati, OH, 63469 2016-22095 Forest Forest Service NOTICES Meetings: Bridger-Teton Resource Advisory Committee, 63467 2016-22176 Travel Management Plans: Pike/San Isabel National Forests, 63467-63468 2016-22185 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Commission on Childhood Vaccines, 63485-63486 2016-22193 Supplemental Funding: National Technical Resource Center for Newborn Hearing Screening and Intervention Program at Utah State University, 63484-63485 2016-21711 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Meetings: Science and Technology Advisory Committee, 63491-63492 2016-22214 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63573-63574 2016-22133 2016-22134 2016-22135 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 63469-63470 2016-22224 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Truck and Bus Tires from China, 63494-63495 2016-22230 Investigations;

Determinations, Modifications, and Rulings, etc.: Biaxial Integral Geogrid Products from China, 63495-63496 2016-22143 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan, 63494 2016-22144 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decrees: United States and State of Ohio v. Rutgers Organics Corp., 63496-63497 2016-22171 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Youthful Offender Grants Management Information System, 63497-63498 2016-22168 Land Land Management Bureau NOTICES Meetings: Central Montana Resource Advisory Council, 63492 2016-22180 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Human Exploration and Operations Committee; Research Subcommittee, 63498 2016-22235 NASA Aerospace Safety Advisory Panel, 63498-63499 2016-22234 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings:

Humanities Panel, 63499-63500 2016-22192 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Dietary Supplements Draft 2016-2021 Strategic Plan, 63486 2016-22233 Meetings: Center for Scientific Review, 63486-63488 2016-22163 National Heart, Lung, and Blood Institute, 63488 2016-22164 National Institute of Mental Health, 63486 2016-22165 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Southeast Data, Assessment, and Review; Data Scoping Webinar for South Atlantic Red Grouper, 63470-63471 2016-22181 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Natural Sounds/Quiet Valuation Survey, 63492-63493 2016-22223 National Science National Science Foundation NOTICES Meetings: Committee on Equal Opportunities in Science and Engineering, 63500 2016-22213 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Transfer Applications:

James A. FitzPatrick Nuclear Power Plant, 63500-63503 2016-22229 License Transfers: Duke Energy Florida, Inc., and Seminole Electric Coop., Inc., Crystal River Unit 3 Nuclear Generating Plant, 63503-63504 2016-22232 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Handling of Retaliation Complaints under the Employee Protection Provision of the Seaman's Protection Act, 63396-63414 2016-21758 Peace Peace Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63504-63506 2016-22142 2016-22159 2016-22160 2016-22161 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 63414-63416 2016-22172 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Attributable Costing, 63445-63448 2016-22162 NOTICES New Postal Products, 63506-63507 2016-22121 2016-22208 Postal Service Postal Service NOTICES Product Changes:

First-Class Package Service Negotiated Service Agreement, 63507-63508 2016-22141 Priority Mail and First-Class Package Service Negotiated Service Agreement, 63508 2016-22140 Priority Mail Negotiated Service Agreement, 63508 2016-22139 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63560-63561 2016-22169 2016-22170 Applications: Dhandho ETF Trust and Dhandho Funds, LLC, 63547-63549 2016-22125 Foreside Advisor Services, LLC, et al., 63541-63543 2016-22126 Self-Regulatory Organizations;

Proposed Rule Changes: Bats BYX Exchange, Inc., 63508-63511 2016-22145 Bats BZX Exchange, Inc., 63561-63565 2016-22146 Bats EDGA Exchange, Inc., 63549-63552 2016-22148 Bats EDGX Exchange, Inc., 63532-63536 2016-22147 Financial Industry Regulatory Authority, Inc., 63565-63568 2016-22149 Fixed Income Clearing Corp., 63538-63541 2016-22156 Nasdaq Stock Market, LLC, 63523-63525 2016-22155 National Securities Clearing Corp., 63511-63514 2016-22157 New York Stock Exchange, LLC, 63515-63522, 63536-63538 2016-22151 2016-22154 NYSE Arca, Inc., 63525-63532, 63543-63547 2016-22150 2016-22153 2016-22158 NYSE MKT, LLC, 63552-63560 2016-22152 Small Business Small Business Administration RULES Disaster Assistance Loan Program;

Disaster Loan Credit and Collateral Requirements, 63366-63367 2016-21512 NOTICES Disaster Declarations: California, 63568-63571 2016-22109 2016-22114 2016-22120 Indiana, 63570 2016-22113 Iowa, 63568-63569 2016-22108 Louisiana; Amendment 2, 63571 2016-22116 Louisiana; Amendment 3, 63570-63571 2016-22115 2016-22117 Louisiana; Amendment 4, 63569-63570 2016-22119 Oklahoma; Amendment 2, 63569 2016-22110 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Lives Bound Together: Slavery at George Washington's Mount Vernon, 63571-63572 2016-22385 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Comprehensive Addiction and Recovery Act Required Training of Nurse Practitioners and Physician Assistants, 63488-63489 2016-22130 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63493-63494 2016-22189 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Bureau of the Fiscal Service See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Justice Department, Drug Enforcement Administration, 63576-63631 2016-21589 Part III Federal Trade Commission, 63634-63661 2016-21854 Part IV Federal Trade Commission, 63664-63670 2016-21853 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 179 Thursday, September 15, 2016 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2417 Testimony by FLRA Employees and Production of Official Records in Legal Proceedings AGENCY: Federal Labor Relations Authority.

ACTION: Final rule. SUMMARY: The Federal Labor Relations Authority

(FLRA)amends its procedures for requesters to follow when making requests to or demands on an employee of the FLRA's three-member Authority component (Authority), the Office of the General Counsel, or the Federal Service Impasses Panel (Panel) to produce official records or provide testimony relating to official information in connection with a legal proceeding. Specifically, the amendments expand the regulation's definition of “legal proceeding” to include matters in which the FLRA is a party. The amendments additionally delegate decision-making responsibility to the heads of each of the three components, depending on where the information is located, to ensure that responses to such requests or demands are handled in an orderly, efficient, and consistent manner. The amended procedures will better protect confidential information, provide guidance to requesters and FLRA employees, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of FLRA resources. DATES: Effective September 15, 2016. FOR FURTHER INFORMATION CONTACT: Fred B. Jacob, Solicitor, Federal Labor Relations Authority, 1400 K Street NW., Washington, DC 20424;

(202)218-7999; fax:

(202)343-1007; or email: *solmail@flra.gov.* SUPPLEMENTARY INFORMATION: The FLRA is amending 5 CFR part 2417. Before part 2417's promulgation in March 2009, 5 CFR 2411.11 prohibited FLRA employees from producing documents or giving testimony in response to a subpoena or other request or demand in any civil proceeding without the written consent of the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate. Under the prior version of § 2411.11, any employee served with a subpoena or request or demand who was not given the requisite written consent was instructed to move to have the subpoena invalidated “on the ground that the evidence sought is privileged against disclosure by this rule.” Part 2417 eliminated the assertion of privilege and, in its place, established factors for the FLRA to evaluate when considering requests or demands for non-public FLRA information. It also placed decision-making authority exclusively with the Chairman of the FLRA or his or her designated representative. As described above, the FLRA is amending the regulations to include requests or demands for production of documents or testimony in legal proceedings in which the FLRA is a named party. This is consistent with the FLRA's prior regulations and other agencies' regulations. The FLRA is also amending the regulations to vest decision-making authority over such requests or demands to the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, or to his or her designee. The FLRA has additionally included some minor non-substantive changes to correct typographical errors and to make small stylistic adjustments for clarification. This rule will ensure a more efficient use of the FLRA's resources, minimize the possibility of involving the FLRA in issues unrelated to its responsibilities, and maintain the impartiality of the FLRA in matters that are in dispute between other parties. It will also continue to serve the FLRA's interest in protecting sensitive, confidential, and privileged information and records that are generated in fulfillment of the FLRA's statutory responsibilities. This rule is internal and procedural rather than substantive. It does not create a right to obtain official records or the official testimony of an FLRA employee, nor does it create any additional right or privilege not already available to the FLRA to deny any request or demand for testimony or documents. Failure to comply with the procedures set out in these regulations would be a basis for denying a request or demand submitted to the FLRA. Regulatory Flexibility Act Certification Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the FLRA has determined that this regulation, as amended, will not have a significant impact on a substantial number of small entities. 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, 5 U.S.C. 804. 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.* Public Participation This rule is published as a final rule. It is exempt from public comment, pursuant to 5 U.S.C. 553(b)(A), as a rule of “agency organization, procedure, or practice.” List of Subjects in 5 CFR Part 2417 Administrative practice and procedure, Government employees. For the reasons stated in the preamble, the Federal Labor Relations Authority amends 5 CFR part 2417 as set forth below: PART 2417—TESTIMONY BY EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS 1. The authority citation for part 2417 continues to read as follows: Authority: 5 U.S.C. 7105; 31 U.S.C. 9701; 44 U.S.C. 3101-3107. Subpart A—General Provisions 2. Amend § 2417.101 by revising paragraphs (a)(1) and (2), (b)(1), (2), (3), and (4), and

(d)to read as follows: § 2417.101 Scope and purpose.

(a)* * *

(1)The production or disclosure of official information or records by employees, members, advisors, and consultants of the Federal Labor Relations Authority's (FLRA's) three-Member Authority component (the Authority), the Office of the General Counsel(the General Counsel), or the Federal Service Impasses Panel (the Panel); and

(2)The testimony of current and former employees, members, advisors, and consultants of the Authority, the General Counsel, or the Panel relating to official information, official duties, or official records, in connection with a legal proceeding on behalf of any party to a cause pending in civil federal or state litigation, including any proceeding before the FLRA or any other board, commission, or administrative agency of the United States.

(b)* * *

(1)Conserve employees' time for conducting official business;

(2)Minimize employees' involvement in issues unrelated to the FLRA's mission;

(3)Maintain employees' impartiality in disputes between private litigants; and

(4)Protect sensitive, confidential information and the integrity of the FLRA's administrative and deliberative processes.

(d)This part provides guidance for the FLRA's internal operations. It does not create any right or benefit, substantive or procedural, that a party may rely upon in any legal proceeding against the United States. 3. Amend § 2417.102 by revising the introductory text and paragraphs (a), (b), (d), and

(e)to read as follows: § 2417.102 Applicability. This part applies to requests and demands to current and former employees, members, advisors, and consultants for factual or expert testimony relating to official information or official duties, or for production of official records or information, in civil legal proceedings. This part does not apply to:

(a)Requests for or demands upon an employee to testify as to facts or events that are unrelated to his or her official duties, or that are unrelated to the functions of the Authority, the General Counsel, or the Panel;

(b)Requests for or demands upon a former employee to testify as to matters in which the former employee was not directly or materially involved while at the Authority, the General Counsel, or the Panel;

(d)Congressional requests and demands for testimony, records, or information; or

(e)Requests or demands for testimony, records, or information by any Federal, state, or local agency in furtherance of an ongoing investigation of possible violations of criminal law. 4. Revise § 2417.103 to read as follows: § 2417.103 Definitions. The following definitions apply to this part: *Demand* means an order, subpoena, or other command of a court or other competent authority for the production, disclosure, or release of records, or for the appearance and testimony of an employee in a civil legal proceeding. *Employee* means: (1)(i) Any current or former employee or member of the Authority, the General Counsel, or the Panel;

(ii)Any other individual hired through contractual agreement by or on behalf of the Authority, the General Counsel, or the Panel, or who has performed or is performing services under such an agreement for the Authority, the General Counsel, or the Panel; and

(iii)Any individual who served or is serving in any consulting or advisory capacity to the Authority, the General Counsel, or the Panel, whether formal or informal.

(2)This definition does not include former FLRA employees who agree to testify about general matters, matters available to the public, or matters with which they had no specific involvement or responsibility during their employment with the FLRA. *Legal proceeding* means any matter before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a civil legal or administrative proceeding. Legal proceeding includes all phases of litigation. *Records or official records and information* means all information in the custody and control of the Authority, the General Counsel, or the Panel, relating to information in the custody and control thereof, or acquired by an employee while in the performance of his or her official duties or because of his or her official status, while the individual was employed by or on behalf of the Authority, the General Counsel, or the Panel. *Request* means any request, by whatever method, for the production of records and information or for testimony that has not been ordered by a court or other competent authority. *Requester* means anyone who makes a request or demand under this part upon the FLRA. *Testimony* means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations, interviews, and statements made by an individual in connection with a legal proceeding. 5. Revise the heading for subpart B to read as follows: Subpart B—Requests or Demands for Testimony and Production of Documents 6. Revise § 2417.201 to read as follows: § 2417.201 General prohibition and designation of the appropriate decision-maker.

(a)*General prohibition.* No employee or former employee of the Authority, the General Counsel, or the Panel may produce official records and information or provide any testimony relating to official information in response to a request or demand without the prior, written approval of the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate.

(b)*Appropriate decision-maker.*

(1)The Chairman of the FLRA, or his or her designee, determines whether to grant approval if the record requested or demanded is maintained by the FLRA's Authority component, or the person who is the subject of the request or demand is subject to the supervision or control of the FLRA's Authority component or was subject to such supervision or control when formerly employed at the FLRA.

(2)The General Counsel, or his or her designee, determines whether to grant approval if the record requested or demanded is maintained by the General Counsel, or the person who is the subject of the request or demand is subject to the supervision or control of the General Counsel or was subject to such supervision or control when formerly employed at the FLRA.

(3)The Chairman of the Panel, or his or her designee, determines whether to grant approval if the record requested or demanded is maintained by the Panel, or the person who is the subject of the request or demand is subject to the supervision or control of the Panel or was subject to such supervision or control when formerly employed at the FLRA. 7. Amend § 2417.202 by revising the section heading, introductory text, and paragraphs (f), (h), (i), (m), (n), and

(o)to read as follows: § 2417.202 Factors that the decision-maker will consider. The Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, in his or her sole discretion, may grant an employee permission to testify on matters relating to official information, or produce official records and information, in response to a request or demand. Among the relevant factors that the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel may consider in making this decision are whether:

(f)The request or demand is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the request or demand arose;

(h)Disclosure would reveal confidential, sensitive, or privileged information; trade secrets or similar, confidential or financial information; otherwise protected information; or information that would otherwise be inappropriate for release;

(i)Disclosure would impede or interfere with an ongoing law-enforcement investigation or proceeding, or compromise constitutional rights or national-security interests;

(m)The request or demand is within the authority of the party making it;

(n)The request or demand is sufficiently specific to be answered; and

(o)Any other factor deemed relevant under the circumstances of the particular request or demand. 8. Amend § 2417.203 by revising the introductory text and paragraphs (a),

(b)introductory text, (b)(4), (5), (6), (7), and (9), (c), (d), (e), and

(f)to read as follows: § 2417.203 Filing requirements for litigants seeking documents or testimony. A requester must comply with the following requirements when filing a request or demand for official records and information or testimony under part 2417. Requesters should file a request before a demand.

(a)The request or demand must be in writing and must be submitted to the FLRA's Office of the Solicitor.

(b)The written request or demand must contain the following information:

(4)A statement as to how the need for the information outweighs any need to maintain the confidentiality of the information and the burden on the FLRA to produce the records or provide testimony;

(5)A statement indicating that the information sought is not available from another source, from other persons or entities, or from the testimony of someone other than an employee, such as a retained expert;

(6)If testimony is sought, the intended use of the testimony, and a showing that no document could be provided and used in lieu of testimony;

(7)A description of all prior decisions, orders, or pending motions in the case that bear upon the relevance of the requested records or testimony;

(9)An estimate of the amount of time that the requester and other parties will require for each employee to prepare for testimony, to travel to the legal proceeding, and to attend the legal proceeding.

(c)The Office of the Solicitor reserves the right to require additional information to complete the request, where appropriate.

(d)Requesters should submit their request or demand at least 30 days before the date that records or testimony are required. Requests or demands submitted fewer than 30 days before records or testimony are required must be accompanied by a written explanation stating the reasons for the late request or demand and the reasons that would justify expedited processing.

(e)Failure to cooperate in good faith to enable the FLRA to make an informed decision may serve as the basis for a determination not to comply with the request or demand.

(f)The request or demand should state that the requester will provide a copy of the employee's statement at the expense of the requester and that the requester will permit the FLRA to have a representative present during the employee's testimony. 9. Revise § 2417.204 to read as follows: § 2417.204 Where to submit a request or demand.

(a)Requests or demands for official records, information, or testimony under this part must be served on the Office of the Solicitor at the following address: Office of the Solicitor, Federal Labor Relations Authority, 1400 K Street NW., Suite 201, Washington, DC 20424-0001; telephone:

(202)218-7999; fax:

(202)343-1007; or email: *solmail@flra.gov.* The request or demand must be sent by mail, fax, or email and clearly marked “Part 2417 Request for Testimony or Official Records in Legal Proceedings.”

(b)A person requesting public FLRA information and non-public FLRA information under this part may submit a combined request for both to the Office of the Solicitor. If a requester decides to submit a combined request under this section, the FLRA will process the combined request under this part and not under part 2411 (the FLRA's Freedom of Information Act regulations). 10. Revise § 2417.205 to read as follows: § 2417.205 Consideration of requests or demands.

(a)After receiving service of a request or a demand for official records, information, or testimony, the appropriate decision-maker will review the request and, in accordance with the provisions of this part, determine whether, or under what conditions, to authorize the employee to testify on matters relating to official information and/or produce official records and information.

(b)Absent exigent circumstances, the appropriate decision-maker will issue a determination within 30 days from the date that it receives the request.

(c)The appropriate decision-maker may grant a waiver of any procedure described by this part where a waiver is considered necessary to promote a significant interest of the FLRA or the United States or for other good cause.

(d)The FLRA may certify that records are true copies in order to facilitate their use as evidence. If a requester seeks certification, the requester must request certified copies from the Office of the Solicitor at least 30 days before the date that they will be needed. 11. Revise § 2417.206 to read as follows: § 2417.206 Final determination. The Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, makes the final determination on demands or requests to employees thereof for production of official records and information or testimony in civil litigation under this part. All final determinations are within the sole discretion of the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate. The appropriate decision-maker will notify the requester and, when appropriate, the court or other competent authority of the final determination, the reasons for the grant or denial of the request, and any conditions that may be imposed on the release of records or information, or on the testimony of an employee. This final determination exhausts administrative remedies for discovery of the information. 12. Amend § 2417.207 by revising paragraphs

(c)introductory text, (c)(2), and

(d)to read as follows: § 2417.207 Restrictions that apply to testimony.

(c)If authorized to testify pursuant to this part, an employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized to do so by the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, the employee shall not:

(2)For a current employee, testify as an expert or opinion witness with regard to any matter arising out of the employee's official duties or the functions of the FLRA unless testimony is being given on behalf of the United States (see also 5 CFR 2635.805).

(d)The scheduling of an employee's testimony, including the amount of time that the employee will be made available for testimony, will be subject to the approval of the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate. 13. Revise § 2417.208 to read as follows: § 2417.208 Restrictions that apply to released records.

(a)The Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate may impose conditions or restrictions on the release of official records and information, including the requirement that parties to the proceeding obtain a protective order or execute a confidentiality agreement to limit access and any further disclosure. The terms of the protective order or of a confidentiality agreement must be acceptable to the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate. In cases where protective orders or confidentiality agreements have already been executed, the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate may condition the release of official records and information on an amendment to the existing protective order or confidentiality agreement.

(b)If the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate so determines, original records may be presented for examination in response to a request, but they may not be presented as evidence or otherwise used in a manner by which they could lose their identity as official records, nor may they be marked or altered. In lieu of the original records, certified copies may be presented for evidentiary purposes. 14. Revise § 2417.209 to read as follows: § 2417.209 Procedure when a decision is not made before the time that a response is required. If a response to a demand or request is required before the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel can make the determination referred to in § 2417.206, the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, when necessary, will provide the court or other competent authority with a copy of this part, inform the court or other competent authority that the request is being reviewed, provide an estimate as to when a decision will be made, and seek a stay of the demand or request pending a final determination. 15. Revise § 2417.210 to read as follows: § 2417.210 Procedure in the event of an adverse ruling. If the court or other competent authority fails to stay a demand or request, the employee upon whom the demand or request is made, unless otherwise advised by the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, will appear, if necessary, at the stated time and place, produce a copy of this part, state that the employee has been advised by counsel not to provide the requested testimony or produce documents, and respectfully decline to comply with the demand or request, citing *United States ex rel. Touhy* v. *Ragen,* 340 U.S. 462 (1951). Subpart C—Schedule of Fees 16. Revise § 2417.301 to read as follows: § 2417.301 Fees.

(a)*Generally.* The Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, may condition the production of records or appearance for testimony upon advance payment of a reasonable estimate of the costs.

(b)*Fees for records.* Fees for producing records will include fees for searching, reviewing, and duplicating records; costs for employee time spent reviewing the request; and expenses generated by materials and equipment used to search for, produce, and copy the responsive information. The FLRA will calculate and charge these fees, costs, and expenses as it charges like fees and costs arising from requests made pursuant to the Freedom of Information Act regulations in part 2411 of this chapter.

(c)*Witness fees.* Fees for attendance by a witness will include fees, expenses, and allowances prescribed by the court's rules. If no such fees are prescribed, witness fees will be determined based upon the rule of the Federal district court closest to the location where the witness will appear and on 28 U.S.C. 1821, as applicable. Such fees will include costs for time spent by the witness to prepare for testimony, to travel to the legal proceeding, and to attend the legal proceeding.

(d)*Payment of fees.* A requester must pay witness fees for current employees and any record certification fees by submitting to the Office of the Solicitor a check or money order for the appropriate amount made payable to the Treasury of the United States. In the case of testimony of former employees, the requester must pay applicable fees directly to the former employee in accordance with 28 U.S.C. 1821 or other applicable statutes.

(e)*Waiver or reduction of fees.* The Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, in his or her sole discretion, may, upon a showing of reasonable cause, waive or reduce any fees in connection with the testimony, production, or certification of records.

(f)*De minimis fees.* The FLRA will not assess fees if the total charge would be $10.00 or less. Subpart D—Penalties 17. Amend § 2417.401 by revising paragraph

(a)to read as follows: § 2417.401 Penalties.

(a)An employee who discloses official records or information, or who gives testimony relating to official information, except as expressly authorized by the Chairman of the FLRA, the General Counsel, or the Chairman of the Panel, as appropriate, or as ordered by a Federal court after the FLRA has had the opportunity to be heard, may face the penalties provided in 18 U.S.C. 641 and other applicable laws. Additionally, former employees are subject to the restrictions and penalties of 18 U.S.C. 207 and 216. Dated: September 1, 2016. Carol Waller Pope, Chairman. [FR Doc. 2016-21427 Filed 9-14-16; 8:45 am]

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