Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Proposed Rules 28533 

(b) The load alleviation system must 

be designed so that, when any one 

connecting or transmitting element in 

the primary flight control system fails, 

adequate longitudinal control for safe 

flight and landing is available. 

(c) The load alleviation system must 

be irreversible unless the TACS is 

properly balanced and has no unsafe 

flutter characteristics. The system must 

have adequate rigidity and reliability in 

the portion of the system from the tab 

to the attachment of the irreversible unit 

to the airplane structure. 

(d) It must be demonstrated that the 

airplane is safely controllable and that 

the pilot can perform all maneuvers and 

operations necessary to effect a safe 

landing following any probable powered 

system runaway that reasonably might 

be expected in service, allowing for 

appropriate time delay after pilot 

recognition of the system runaway. The 

demonstration must be conducted at 

critical airplane weights and center of 

gravity positions. 

(C) In place of 14 CFR part 23, 23.683 

Operation tests requirement, comply 

with the following: 

SC 23.683 Operation Tests 

(a) It must be shown by operation 

tests that, when the load alleviation 

system is active and operational and 

loaded as prescribed in paragraph (b) of 

this section, the system is free from— 

(1) Jamming; 

(2) Excessive friction; and 

(3) Excessive deflection. 

(b) The prescribed test loads are, for 

the entire system, loads corresponding 

to the limit airloads on the appropriate 

surface. 

(D) In place of 14 CFR part 23, 23.685 

Control system details requirement, 

comply with the following: 

SC 23.685 Control System Details 

(a) Each detail of the Tamarack Active 

Control Surface (TACS) must be 

designed and installed to prevent 

jamming, chafing, and interference from 

cargo, passengers, loose objects, or the 

freezing of moisture. 

(b) There must be means in the 

cockpit to prevent the entry of foreign 

objects into places where they would 

jam any one connecting or transmitting 

element of the system. 

(c) Each element of the load 

alleviation system must have design 

features, or must be distinctively and 

permanently marked, to minimize the 

possibility of incorrect assembly that 

could result in malfunctioning of the 

control system. 

(E) In place of 14 CFR part 23, 23.697 

Wing flap controls requirement, comply 

with the following: 

SC 23.697 Load Alleviation System 

Controls 

(a) The Tamarack Active Control 

Surface (TACS) must be designed so 

that, when the surface has been placed 

in any position, it will not move from 

that position unless the control is 

adjusted or is moved by the automatic 

operation of a load alleviation system. 

(b) The rate of movement of the TACS 

in response to the automatic device 

must give satisfactory flight and 

performance characteristics under 

steady or changing conditions of 

airspeed, engine power, and attitude. 

(F) In place of 14 CFR part 23, 23.701 

Flap interconnection requirement, 

comply with the following: 

SC 23.701 Load Alleviation System 

Interconnection 

(a) The load alleviation system and 

related movable surfaces as a system 

must— 

(1) Be synchronized by a mechanical 

interconnection between the movable 

surfaces; or by an approved equivalent 

means; or 

(2) Be designed so that the occurrence 

of any failure of the system that would 

result in an unsafe flight characteristic 

of the airplane is extremely improbable; 

or 

(b) The airplane must be shown to 

have safe flight characteristics with any 

combination of extreme positions of 

individual movable surfaces. 

Issued in Kansas City, Missouri, on May 2, 

2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–11214 Filed 5–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–0499; Notice No. 25– 

12–01–SC] 

Special Conditions: Boeing, Model 

737–800; Large Non-Structural Glass in 

the Passenger Compartment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Boeing Model 737– 

800 airplane. This airplane as modified 

by Lufthansa Technik will have a novel 

or unusual design feature associated 

with the installation of large nonstructural glass items in the cabin area 

of an executive interior occupied by 

passengers and crew. The installation of 

these items in a passenger compartment, 

which can be occupied during taxi, 

takeoff, and landing, is a novel or 

unusual design feature with respect to 

the material used. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These proposed 

special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Send your comments on or 

before June 4, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0499 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 

8 a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

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28534 Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: John 

Shelden, FAA, Cabin Safety Branch, 

ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone 425–227–2785; facsimile 

425–227–1232. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On December 16, 2010, Lufthansa 

Technik AG, Weg Beim Jaeger 193, 

22335 Hamburg Germany applied for a 

supplemental type certificate for the 

installation of large non-structural glass 

items in the cabin area of the executive 

interior occupied by passengers and 

crew in a Boeing Model 737–800. The 

Boeing Model 737–800, approved under 

Type Certificate No. A16WE, is a large 

transport category airplane that is 

limited to 189 passengers or less, 

depending on the interior configuration. 

This specific Boeing Model 737–800 

configuration includes seating 

provisions for 34 passengers. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of the Federal Regulations (14 CFR) 

21.101, Lufthansa Technik must show 

that the Boeing Model 737–800, as 

changed, continues to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. A16WE or the applicable 

regulations in effect on the date of 

application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A16WE are as follows: 

14 CFR part 25 as amended by 

Amendments 25–1 through 25–77 with 

exceptions for the Boeing Model 737– 

800. In addition, the certification basis 

includes certain special conditions, 

exemptions, or later amended sections 

of the applicable part that are not 

relevant to these proposed special 

conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Boeing Model 737–800 because 

of a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same or similar novel or unusual design 

feature, the special conditions would 

also apply to the other model under 

§ 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 737–800 

must comply with the fuel vent and 

exhaust emission requirements of 14 

CFR part 34 and the noise certification 

requirements of 14 CFR part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Boeing Model 737–800 will 

incorporate the following novel or 

unusual design features: The 

installation of large non-structural glass 

items, typically in the form of glass 

sheets in the cabin area of an executive 

interior occupied by passengers and 

crew. 

These installations would be for 

aesthetic purposes, not for safety, in 

components other than windshields or 

windows. For these special conditions, 

a large glass item is 4 kg (approximately 

10 pounds) and greater in mass. This 

limit was established as the mass at 

which a glass component could be 

expected to potentially cause 

widespread injury if it were to shatter or 

break free from its retention system. 

The proposed special conditions 

address the novel and unusual design 

features for the use of large nonstructural glass in the passenger cabin. 

These large glass items would be 

installed in occupied rooms or areas 

during taxi, take off, and landing, or 

rooms or areas that occupants do have 

to enter or pass through to get to any 

emergency exit. The installations of 

large non-structural glass items may 

include, but are not limited to, the 

following items: 

• Glass partitions. 

• Glass attached to the ceiling. 

• Wall/door mounted mirrors/glass 

panels. 

Discussion 

The existing part 25 regulations only 

address the use of glass in windshields, 

instrument or display transparencies, or 

window applications. The regulations 

treat glass as unique for special 

applications where no other material 

will serve and address the adverse 

properties of glass. 

Section 25.775, ‘‘Window and 

windshields,’’ provides for the use of 

glass in airplanes but limits glass to 

windshields and instrument or display 

transparencies. Furthermore, except for 

bolted-in windshields, there is limited 

experience with either adhesive or 

mechanical retention methods for large 

glass objects installed in an airplane 

subject to high loads supported by 

flexible restraints. 

The FAA has accepted the following 

uses of glass in the passenger cabin 

under the current regulations: 

1. Glass items installed in rooms or 

areas in the cabin that are not occupied 

during taxi, take off, and landing, and 

occupants do not have to enter or pass 

through the room or area to get to any 

emergency exit. 

2. Glass items integrated into a 

functional device whose operation is 

dependent upon the characteristics of 

glass, such as instrument or indicator 

protective transparencies, or monitor 

screens such as liquid crystal display 

(LCD) or plasma displays. These glass 

items may be installed in any area in the 

cabin regardless of occupancy during 

taxi, take-off, and landing. Acceptable 

means for these items may depend on 

the size and specific location of the 

device. 

3. Small glass items installed in 

occupied rooms or areas during taxi, 

take off, and landing, or rooms or areas 

that occupants do have to enter or pass 

through to get to any emergency exit. 

For the purposes of these special 

conditions, a small glass item is less 

than 4 kg in mass or a group of glass 

items weighing less than 4 kg in mass. 

The glass items in numbers one, two, 

and three (above) have been restricted to 

applications where the potential for 

injury is either highly localized (such as 

instrument faces) or the location is such 

that injury due to failure of the glass is 

unlikely (e.g., mirrors in lavatories). 

These glass items are subject to the 

inertia loads contained in § 25.561 and 

maximum positive differential pressure 

for items like monitors, but are not 

subject to these special conditions. They 

have been found acceptable through 

project specific means of compliance 

requiring testing to meet the 

requirement in § 25.785(d) and by 

adding a protective polycarbonate layer 

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Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Proposed Rules 28535 

that covers the glass exposed to the 

cabin. 

The use of glass in airplanes utilizes 

the one unique characteristic of glass— 

its capability for undistorted or 

controlled light transmittance, or 

transparency. Glass, in its basic form as 

annealed, untreated sheet, plate, or float 

glass, when compared to metals, is 

extremely notch-sensitive, has a low 

fracture resistance, has a low modulus 

of elasticity, and can be highly variable 

in its properties. While reasonably 

strong, it is not a desirable material for 

traditional aircraft applications because, 

as a solo component, it is heavy (about 

the same density as aluminum). In 

addition, when glass fails, it can break 

into extremely sharp fragments that 

have the potential for injury above and 

beyond simple impact and have been 

known to be lethal. 

The proposed special conditions 

address installing glass in much larger 

sizes than previously accepted and in a 

multitude of locations and applications, 

instead of using more traditional aircraft 

materials. In most, if not all cases, the 

glass will not be covered with a 

polycarbonate layer. Additionally, the 

retention of glass of this size and weight 

is not amenable to conventional 

techniques currently utilized in airplane 

cabins. 

The proposed special conditions 

consider the unusual material properties 

of glass as an interior material that have 

limited or prevented its use in the past, 

and address the performance standards 

needed to ensure that those properties 

do not reduce the level of safety 

intended by the regulations. They 

address the use of large glass items 

installed in occupied rooms or areas 

during taxi, take off, and landing, or 

rooms or areas that occupants do have 

to enter or pass through to get to any 

emergency exit. 

The proposed special conditions 

define a large glass component 

threshold of 4 kg, which is based on an 

assessment of the mass dislodged during 

a high ‘‘g’’ level (as defined in § 25.562) 

event. Groupings of glass components 

that total more than 4 kg would also 

need to be included. The applicable 

performance standards in the 

regulations for the installation of these 

components also apply and should not 

adversely affect the standards provided 

below. For example, heat release and 

smoke density testing should not result 

in fragmentation of the component. 

For large glass components mounted 

in a cabin occupied by passengers or 

crew that are not otherwise protected 

from the injurious effects of failure of 

the glass component, the following 

apply: 

Material. The glass used must be 

tempered or otherwise treated to ensure 

that when fractured, it breaks into small 

pieces with relatively dull edges. This 

must be demonstrated by testing to 

failure. Tests similar to ANSI/SAE Z26.1 

section 5.7, Test 7 would be acceptable. 

Fragmentation. The glass component 

construction must control the 

fragmentation of the glass to minimize 

the danger from flying glass shards or 

pieces. Impact and puncture testing to 

failure must demonstrate this. Tests 

similar to ANSI/SAE Z26.1 section 5.9, 

Test 9 adjusted to ensure cracking the 

glass would be acceptable. 

Strength. The glass component, as 

installed in the airplane, must be strong 

enough to meet the load requirements 

for all flight and landing loads and all 

of the emergency landing conditions in 

subparts C and D of part 25. In addition, 

glass components that are located such 

that they are not protected from contact 

with cabin occupants must be designed 

for abusive loading without failure, such 

as impact from service carts, or 

occupants stumbling into, leaning 

against, sitting on, or performing other 

intentional or unintentional forceful 

contact. This must be demonstrated by 

static structural testing to ultimate load 

except that the critical loading 

condition must be tested to failure. The 

tested glass component must have all 

features that affect component strength, 

such as etched surfaces, cut or engraved 

designs, holes, and so forth. 

Retention. The glass component, as 

installed in the airplane, must not come 

free of its restraint or mounting system 

in the event of an emergency landing. 

Based on the characteristics of a large 

glass component, dynamic tests should 

be performed to demonstrate that the 

occupants would be protected up to the 

load levels required by the certification 

basis of the airplane. A single test for 

the most critical loading for the 

installed component would be 

sufficient. This may be accomplished by 

using already accepted methods for 

dynamic testing. 

Analysis may be used in lieu of 

testing if the applicant has validated the 

strength models and dynamic 

simulation models used against static 

tests to failure and dynamic testing to 

the above requirements and can predict 

structural failure and dynamic response 

and inertial load. The glass material 

properties must meet § 25.613, 

‘‘Material strength properties and 

material design values.’’ The effect of 

design details, such as geometric 

discontinuities or surface finish, must 

be accounted for in the test/analysis. 

Applicability 

As discussed above, these special 

conditions are applicable to the Boeing 

Model 737–800. Should Lufthansa 

Technik apply at a later date for a 

supplemental type certificate to modify 

any other model included on Type 

Certificate No. A16WE to incorporate 

the same novel or unusual design 

feature, the special conditions would 

apply to that model as well. 

Certification of the Boeing Model 

737–800 is currently scheduled for June 

2012. The substance of these special 

conditions has been previously subject 

to the notice and public-comment 

procedure. Therefore, because a delay 

would significantly affect both the 

applicant’s installation of the system 

and certification of the airplane, we are 

shortening the public-comment period 

to 20 days. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Boeing 

Model 737–800 airplanes modified by 

Lufthansa Technik AG. For these special 

conditions, a large glass component is 4 

kg (approximately 10 pounds) and 

greater in mass, or a grouping of glass 

components that total more than 4 kg. 

1. Boeing Model 737–800 Airplane; 

Large Non-Structural Glass in the 

Passenger Compartment. The airplane is 

not operated for hire or offered for 

common carriage. This provision does 

not preclude the operator from receiving 

remuneration to the extent consistent 

with 14 CFR parts 125 and 91, subpart 

F, as applicable. 

2. Material Fragmentation. The glass 

used to fabricate the component must be 

tempered or treated to ensure that, when 

fractured, it breaks into small pieces 

with relatively dull edges. In addition, 

it must be shown that fragmentation of 

the glass is controlled to reduce the 

danger from flying glass shards or 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

28536 Federal Register / Vol. 77, No. 94 / Tuesday, May 15, 2012 / Proposed Rules 

1The NMB has a longstanding practice of 

allowing write-in votes for representation. 

International Total Services, 16 NMB 231, 233 

(1989) (rejecting union objection to inclusion of 

write-in option since the provision for write-in 

votes in NMB elections has remained largely 

unchanged for over 50 years). 

pieces. This must be demonstrated by 

testing to failure. 

3. Component Strength. The glass 

component must be strong enough to 

meet the load requirements for all flight 

and landing loads including any of the 

applicable emergency landing 

conditions in subparts C and D of part 

25. Abuse loading without failure, such 

as impact from occupants stumbling 

into, leaning against, sitting on, or 

performing other intentional or 

unintentional forceful contact, must also 

be demonstrated. This must be 

demonstrated by static structural testing 

to ultimate load, except that the critical 

loading condition must be tested to 

failure in the as-installed condition. The 

tested glass must have all features that 

affect component strength, such as 

etched surfaces, cut or engraved 

designs, holes, and so forth. Glass pieces 

must be non-hazardous. 

4. Component Retention. The glass 

component, as installed in the airplane, 

must not come free of its restraint or 

mounting system in the event of an 

emergency landing. A test must be 

performed to demonstrate that the 

occupants would be protected from the 

effects of the component failing or 

becoming free of restraint under 

dynamic loading. The dynamic loading 

of § 25.562(b)(2) is considered an 

acceptable dynamic event. The 

applicant may propose an alternate 

pulse; however, the impulse and peak 

load may not be less than that of 

§ 25.562(b)(2). As an alternative to a 

dynamic test, static testing may be used 

if the loading is assessed as equivalent 

as or more critical than a dynamic test, 

based upon validated dynamic analysis. 

Both the primary directional loading 

and rebound conditions need to be 

assessed. 

5. Instructions for Continued 

Airworthiness. The instructions for 

continued airworthiness will reflect the 

fastening method used and will ensure 

the reliability of the methods used (e.g., 

life limit of adhesives, or clamp 

connection). Inspection methods and 

intervals will be defined based upon 

adhesion data from the manufacturer of 

the adhesive or actual adhesion test 

data, if necessary. 

Issued in Renton, Washington, on May 1, 

2012. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–11697 Filed 5–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL MEDIATION BOARD 

29 CFR Part 1206 

[Docket No. C–7034] 

RIN 3140–ZA01 

Representation Procedures and 

Rulemaking Authority 

AGENCY: National Mediation Board. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: This proposal amends the 

National Mediation Board’s (NMB or 

Board) existing rules for handling 

representation disputes to incorporate 

statutory language added to or 

amending the Railway Labor Act (RLA) 

by the Federal Aviation Administration 

Modernization and Reform Act of 2012. 

This document proposes changes to the 

existing regulations pertaining to run-off 

elections, showing of interest for 

representation elections, and the NMB’s 

rulemaking proceedings. 

DATES: The NMB will accept written 

comments that are received on or before 

July 16, 2012. 

ADDRESSES: You may submit comments 

identified by Docket Number C–7034 by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: www.nmb.gov. 

Follow the instructions for submitting 

comments. 

• Email: legal@nmb.gov. Include 

docket number in the subject line of the 

message. 

• Fax: (202) 692–5085. 

• Mail and Hand Delivery: National 

Mediation Board, 1301 K Street NW., 

Ste. 250E, Washington, DC 20005. 

Instructions: All submissions received 

must include the agency name and 

docket number. All comments received 

will be posted without change to 

www.nmb.gov, including any personal 

information provided. 

Docket: For access to the docket or to 

read background documents or 

comments received, go to www.nmb.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mary Johnson, General Counsel, 

National Mediation Board, 202–692– 

5050, infoline@nmb.gov. 

SUPPLEMENTARY INFORMATION: On 

February 14, 2012, the President signed 

the Federal Aviation Administration 

Modernization and Reform Act of 2012, 

Public Law 112–095 (FAA 

Reauthorization) into law. The FAA 

Reauthorization contained, inter alia, 

several amendments to the RLA. The 

changes contained in these amendments 

impact the Board’s current Rules 

relating to run-off elections, showing of 

interest requirements, and rulemaking. 

These Rules are being revised to comply 

with the statutory language. As 

discussed below, the Board invites 

commenters to address specific 

questions below, along with any other 

matters they consider relevant to the 

changes wrought by the amended 

statutory language. The Board is 

particularly interested in receiving 

comments regarding the effect of the 

amendments on the Board’s policies and 

practices with respect to representation 

disputes in mergers. The NMB may 

incorporate any comments in a Final 

Rule in this proceeding. The NMB will 

hold an open public hearing during the 

comment period. A notice will be 

published containing the dates of the 

open public hearing and related 

information. 

Run-Off Elections 

Prior to the enactment of the FAA 

Reauthorization, under its previous 

practice in representation elections, the 

Board aggregated all votes cast for 

representation, including write-in 

votes.1 Where a majority of employees 

have cast valid ballots for representation 

but no individual or organization 

received a majority of the ballots cast, 

the issue to be determined was which of 

the individuals or organizations would 

be the representative. Thus, the run-off 

election, once authorized, would be 

between the two individuals or 

organizations that received the highest 

number of votes. 29 CFR 1206.1. The 

amendments to the RLA now require 

that the Board no longer aggregate votes 

for representation and that any run-off 

election will be between the two ballot 

options that receive the most votes. This 

can include the ‘‘no’’ option. 

The Board’s Rules also required that 

a participant initiate a run-off election 

with a written request. 29 CFR 1206.1. 

The amended language now requires the 

Board to ‘‘arrange for’’ a second election 

when no ballot option receives a 

majority of the ballots cast. 

Showing of Interest 

Prior to these amendments, the 

showing of interest requirements 

needed to support an application under 

Section 2, Ninth of the RLA invoking 

the Board’s services to investigate a 

representation dispute among a carrier’s 

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