This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

51741 

Vol. 74, No. 194 

Thursday October 8, 2009 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Parts 2415, 2416, 2424, and 2429 

Employee Responsibilities and 

Conduct; Enforcement of 

Nondiscrimination in Programs or 

Activities; Filing Procedures 

AGENCY: Federal Labor Relations 

Authority. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Federal Labor Relations 

Authority (Authority) is making 

technical amendments to its regulations. 

The amendments update rules and 

regulations that prescribe uniform 

ethical conduct standards and 

disclosure requirements applicable to 

all executive branch personnel and 

update regulations to reconcile with the 

Rehabilitation Act of 1973 and update 

or delete several outdated provisions 

and citations The amendments also 

make technical revisions to the 

requirements for documents filed in 

negotiability disputes and make 

technical revisions regarding when 

filings made by commercial delivery are 

considered served. 

DATES: Effective Date: November 9, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Parts 2415 and 2416: Rosa M. Koppel, 

Solicitor, (202) 218–7999. 

Parts 2424 and 2429: Donald S. Harris, 

Chief, Office of Case Intake and 

Publication, (202) 218–7740. 

SUPPLEMENTARY INFORMATION: The 

Federal Labor Relations Authority 

(Authority) is making technical 

amendments to parts 2415, 2416, 2424, 

and 2429 of the Authority’s regulations 

in Title 5 of the Code of Federal 

Regulations. 

I. Technical Amendments to Part 2415 

In part 2415, the Authority, the 

General Counsel of the Authority, and 

the Federal Service Impasses Panel 

adopt rules and regulations in Title 5 of 

the Code of Federal Regulations 

prescribing standards of ethical conduct 

and governing statements reporting 

employment and financial interests. 

First, the citation to 5 CFR part 737 is 

being revised to reflect its redesignation 

as 5 CFR part 2637. Part 2637 contains 

the regulations of the Office of 

Government Ethics concerning post 

employment conflict of interest. Second, 

a citation to 5 CFR part 2635, 

regulations prescribing standards of 

ethical conduct for all executive branch 

personnel, is being added. These 

regulations supplement 5 CFR part 735, 

which already is cited in part 2415. 

Third, a citation to 5 CFR part 2634, 

regulations concerning executive branch 

financial disclosure, is being added. 

II. Technical Amendments to Part 2416 

The Authority is making several 

technical amendments to part 2416, 

which was initially promulgated in 

1988 and, except for a revision in 2003 

to reflect a change in the address of the 

Authority’s offices, has not been 

amended previously. The technical 

amendments are as follows: 

1. Terminology is updated to reflect 

that Section 504 of the Rehabilitation 

Act of 1973, as amended, 29 U.S.C. 

794(a), was amended to replace the term 

‘‘handicap’’ with the term ‘‘disability’’. 

Specifically, terminology is updated in 

the heading and text as follows: 

a. By removing the term ‘‘handicap’’ 

wherever it appears and adding, in its 

place, the term ‘‘disability’’. 

b. By removing the term ‘‘handicaps’’ 

wherever it appears and adding, in its 

place, the term ‘‘disabilities’’. 

c. By removing the term 

‘‘handicapped person(s)’’ wherever it 

appears and adding, in its place, the 

term ‘‘individual(s) with a disability’’. 

d. By removing the term 

‘‘nonhandicapped person(s)’’ wherever 

it appears and adding, in its place, the 

term ‘‘individual(s) without a 

disability’’. 

2. In section 2416.103, the reference 

to the definition of ‘‘qualified 

handicapped person’’ in 29 CFR 

1613.702(f) is replaced by a reference to 

the definition of ‘‘qualified individual 

with a disability’’ in 29 CFR 1615.103. 

3. The requirement to conduct a selfevaluation by September 6, 1989, 

previously located in section 2416.110, 

is deleted as outdated, and 2416.111— 

Notice—is renumbered as section 

2416.110. 

4. The references, in section 2416.140 

and paragraph (b) of section 2416.170 to 

29 CFR part 1613 are revised to reflect 

that it was superseded by 29 CFR part 

1614. 

5. Paragraphs (c) and (d) of section 

2416.150 are being deleted. The 

deadlines for compliance with program 

accessibility requirements and for a 

transition plan in these paragraphs have 

passed. 

III. Technical Amendments to Part 2424 

The Authority is making several 

technical amendments to part 2424. 

Four subparagraphs, which require that 

certain papers filed in negotiability 

cases contain a table of contents and a 

table of legal authorities cited, if the 

papers exceed 25 double-spaced pages 

in length, are being removed. These 

subparagraphs are: 

a. Subparagraph (b)(5) of section 

2424.22, pertaining to an exclusive 

representative’s petition for review; 

b. Subparagraph (c)(5) of section 

2424.24, pertaining to an agency’s 

statement of position; 

c. Subparagraph (c)(3) of section 

2424.25, pertaining to an exclusive 

representative’s response to an agency’s 

statement of position; and 

d. Subparagraph (c)(3) of 2424.26, 

pertaining to an agency’s reply to an 

exclusive representative’s response. 

These subparagraphs will be replaced 

by a new section 2429.29 added to part 

2429. This new section requires that 

papers filed in negotiability cases and in 

other proceedings that are before the 

Authority or the Office of 

Administrative Law Judges include a 

table of contents if they exceed 10 

double-spaced pages in length. 

IV. Technical Amendments to Part 2429 

The Authority is making several 

technical amendments to part 2429. 

Paragraph (b) of section 2429.21 and 

paragraph (d) of section 2429.27 are 

revised to change the date on which 

filings served by commercial delivery 

are considered served. The current rule 

is that filings served by commercial 

delivery are deemed served when 

received by the Authority. Under the 

new rule, such filings will be deemed 


srobinson on DSKHWCL6B1PROD with RULES
51742 Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 

served on the day they are deposited 

with a commercial delivery service that 

will provide a record showing the date 

the document was tendered to the 

delivery service. The intended effect of 

this new rule is to avoid the inequities 

that would result from rejecting certain 

documents that arrive late through no 

fault of the party filing them. Section 

2429.22 is revised to provide a party 

five additional days after service to 

respond to a notice or paper served by 

commercial delivery. Section 2429.25 is 

revised to require four legible copies to 

be provided with the filing of the 

original, rather than the current 

requirement of five legible copies. 

Finally, a new section 2429.29 is added 

to require that a document filed in 

proceedings before the Authority or the 

Office of Administrative Law Judges 

include a table of contents if the 

document exceeds 10 double-spaced 

pages in length. 

Publication of this document 

constitutes final agency action on these 

changes under the Administrative 

Procedure Act (5 U.S.C. 553). Notice 

and public procedures are unnecessary 

because the Authority is making only 

non-substantive technical amendments 

to its regulations. 

Waiver of Proposed Rulemaking 

The Authority for good cause finds 

that prior notice and opportunity for 

comment on these amendments are 

unnecessary pursuant to 5 U.S.C. 

553(b)(3)(B) because the revisions to the 

affected sections are merely technical in 

nature and propose no substantive 

changes regarding which public 

comment could be solicited. 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the regulations, as amended, will 

not have a significant impact on a 

substantial number of small entities, 

because they apply only to Federal 

employees, Federal agencies, and labor 

organizations representing federal 

employees. 

Unfunded Mandates Reform Act of 1995 

This rule change will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This action is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act of 1995 

The amended regulations contain no 

additional information collection or 

record keeping requirements under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq. 

List of Subjects 

5 CFR Part 2415 

Conflict of interests, Government 

employees. 

5 CFR Part 2416 

Government employees, Enforcement 

of nondiscrimination on the basis of 

disability in programs or activities 

conducted by the Federal Labor 

Relations Authority. 

5 CFR Part 2424 

Administrative practice and 

procedure, Government employees, 

Labor-management relations. 

5 CFR Part 2429 

Administrative practice and 

procedure, Government employees, 

Labor-management relations. 

■ For the reasons set forth in the 

preamble, the Federal Labor Relations 

Authority amends parts 2415, 2416, 

2624, and 2629 of title 5 of the Code of 

Federal Regulations as follows: 

PART 2415—EMPLOYEE 

RESPONSIBILITIES AND CONDUCT 

■ 1. The authority cited for part 2415 is 

revised to read as follows: 

Authority: E.O. 12674, 54 FR 15159 (April 

12, 1989), as modified by E.O. 12731, 55 FR 

42547 (October 17, 1990); 5 CFR 735.101, et 

seq., 2634.101, et seq., 2635.101, et seq., and 

2637.101, et seq. 

■ 2. Section 2415.1 is revised to read as 

follows: 

§ 2415.1 Employee responsibilities and 

conduct. 

The Federal Labor Relations 

Authority, the General Counsel of the 

Federal Labor Relations Authority and 

the Federal Service Impasses Panel, 

respectively, hereby adopt the rules and 

regulations contained in parts 735, 

2634, 2635, and 2637 of title 5 of the 

Code of Federal Regulations, prescribing 

standards of conduct and 

responsibilities, and governing 

statements reporting employment and 

financial interests for officers and 

employees, including special 

Government employees, for application, 

as appropriate, to the officers and 

employees, including special 

Government employees, of the 

Authority, the General Counsel and the 

Panel. 

PART 2416—ENFORCEMENT OF 

NONDISCRIMINATION ON THE BASIS 

OF DISABILITY IN PROGRAMS OR 

ACTIVITIES CONDUCTED BY THE 

FEDERAL LABOR RELATIONS 

AUTHORITY 

■ 3. The authority cited for part 2416 

continues to read as follows: 

Authority: 29 U.S.C. 794. 

■ 4. Section 2416.101 is revised to read 

as follows: 

§ 2416.101 Purpose. 

The purpose of this regulation is to 

effectuate section 119 of the 

Rehabilitation, Comprehensive Services, 

and Developmental Disabilities 

Amendments of 1978, which amended 

section 504 of the Rehabilitation Act of 

1973 to prohibit discrimination on the 

basis of disability in programs or 

activities conducted by Executive 

agencies or the United States Postal 

Service. 

■ 5. Section 2416.102 is revised to read 

as follows: 

§ 2416.102 Application. 

This part applies to all programs or 

activities conducted by the agency, 

except for programs or activities 

conducted outside the United States 

that do not involve individuals with 

disabilities in the United States. 

■ 6. Section 2416.103 is amended by 

removing the definitions for ‘‘individual 

with handicaps’’, ‘‘qualified individual 

with handicaps’’, and ‘‘qualified 

handicapped person’’ and adding, in 

alphabetical order, definitions for 

‘‘individual with disabilities’’, 

‘‘qualified disabled person’’, and 

‘‘qualified individual with disabilities’’. 

§ 2416.103 Definitions. 

* * * * * 

Individual with disabilities means any 

person who has a physical or mental 

impairment that substantially limits one 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51743 

or more major life activities, has a 

record of such an impairment, or is 

regarded as having such an impairment. 

* * * * * 

Qualified individual with disabilities 

means— 

(1) With respect to preschool, 

elementary, or secondary education 

services provided by the agency, an 

individual with disabilities who is a 

member of a class of persons otherwise 

entitled by statute, regulation, or agency 

policy to receive education services 

from the agency; 

(2) With respect to any other agency 

program or activity under which a 

person is required to perform services or 

to achieve a level of accomplishment, an 

individual with disabilities who meets 

the essential eligibility requirements 

and who can achieve the purpose of the 

program or activity without 

modifications in the program or activity 

that the agency can demonstrate would 

result in a fundamental alteration in its 

nature; 

(3) With respect to any other program 

or activity, an individual with 

disabilities who meets the essential 

eligibility requirements for participation 

in, or receipt of benefits from, that 

program or activity; and 

(4) Qualified disabled person as that 

term is defined for purposes of 

employment in 29 CFR 1615.103, which 

is made applicable to this regulation by 

§ 2416.140. 

* * * * * 

■ 7. Section 2416.130 is revised to read 

as follows: 

§ 2416.130 General prohibitions against 

discrimination. 

(a) No qualified individual with 

disabilities shall, on the basis of 

disability, be excluded from 

participation in, be denied the benefits 

of, or otherwise be subjected to 

discrimination under any program or 

activity conducted by the agency. 

(b)(1) The agency, in providing any 

aid, benefit, or service, may not, directly 

or through contractual, licensing, or 

other arrangements, on the basis of 

disability— 

(i) Deny a qualified individual with 

disabilities the opportunity to 

participate in or benefit from the aid, 

benefit, or service; 

(ii) Afford a qualified individual with 

disabilities an opportunity to participate 

in or benefit from the aid, benefit, or 

service that is not equal to that afforded 

others; 

(iii) Provide a qualified individual 

with disabilities with an aid, benefit, or 

service that is not as effective in 

affording equal opportunity to obtain 

the same result, to gain the same benefit, 

or to reach the same level of 

achievement as that provided to others; 

(iv) Provide different or separate aid, 

benefits, or services to individuals with 

disabilities or to any class of individuals 

with disabilities than is provided to 

others unless such action is necessary to 

provide qualified individuals with 

disabilities with aid, benefits, or 

services that are as effective as those 

provided to others; 

(v) Deny a qualified individual with 

disabilities the opportunity to 

participate as a member of planning or 

advisory boards; 

(vi) Otherwise limit a qualified 

individual with disabilities in the 

enjoyment of any right, privilege, 

advantage, or opportunity enjoyed by 

others receiving the aid, benefit, or 

service. 

(2) The agency may not deny a 

qualified individual with disabilities the 

opportunity to participate in programs 

or activities that are not separate or 

different, despite the existence of 

permissibly separate or different 

programs or activities. 

(3) The agency may not, directly or 

through contractual or other 

arrangements, utilize criteria or methods 

of administration the purpose or effect 

of which would— 

(i) Subject qualified individuals with 

disabilities to discrimination on the 

basis of disability; or 

(ii) Defeat or substantially impair 

accomplishment of the objectives of a 

program or activity with respect to 

individuals with disabilities. 

(4) The agency may not, in 

determining the site or location of a 

facility, make selections the purpose or 

effect of which would— 

(i) Exclude individuals with 

disabilities from, deny them the benefits 

of, or otherwise subject them to 

discrimination under any program or 

activity conducted by the agency; or 

(ii) Defeat or substantially impair the 

accomplishment of the objectives of a 

program or activity with respect to 

individuals with disabilities. 

(5) The agency, in the selection of 

procurement contractors, may not use 

criteria that subject qualified 

individuals with disabilities to 

discrimination on the basis of disability. 

(6) The agency may not administer a 

licensing or certification program in a 

manner that subjects qualified 

individuals with disabilities to 

discrimination on the basis of disability, 

nor may the agency establish 

requirements for the programs or 

activities of licensees or certified 

entities that subject qualified 

individuals with disabilities to 

discrimination on the basis of disability. 

However, the programs or activities of 

entities that are licensed or certified by 

the agency are not, themselves, covered 

by this regulation. 

(c) The exclusion of individuals 

without a disability from the benefits of 

a program limited by Federal statute or 

Executive order to individuals with 

disabilities or the exclusion of a specific 

class of individuals with disabilities 

from a program limited by Federal 

statute or Executive order to a different 

class of individuals with disabilities is 

not prohibited by this regulation. 

(d) The agency shall administer 

programs and activities in the most 

integrated setting appropriate to the 

needs of qualified individuals with 

disabilities. 

■ 8. Section 2416.140 is revised to read 

as follows: 

§ 2416.140 Employment. 

No qualified individual with 

disabilities shall, on the basis of 

disability, be subject to discrimination 

in employment under any program or 

activity conducted by the agency. The 

definitions, requirements, and 

procedures of section 501 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

791), as established by the Equal 

Employment Opportunity Commission 

in 29 CFR part 1614, shall apply to 

employment in federally conducted 

programs or activities. 

■ 9. Section 2416.149 is revised to read 

as follows: 

§ 2416.149 Program accessibility: 

Discrimination prohibited. 

Except as otherwise provided in 

§ 2416.150, no qualified individual with 

disabilities shall, because the agency’s 

facilities are inaccessible to or unusable 

by individuals with disabilities, be 

denied the benefits of, be excluded from 

participation in, or otherwise be 

subjected to discrimination under any 

program or activity conducted by the 

agency. 

■ 10. Section 2416.150 is revised to read 

as follows: 

§ 2416.150 Program accessibility: Existing 

facilities. 

(a) General. The agency shall operate 

each program or activity so that the 

program or activity, when viewed in its 

entirety, is readily accessible to and 

usable by individuals with disabilities. 

This paragraph does not— 

(1) Necessarily require the agency to 

make each of its existing facilities 

accessible to and usable by individuals 

with disabilities; 

(2) In the case of historic preservation 

programs, require the agency to take any 


srobinson on DSKHWCL6B1PROD with RULES
51744 Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 

action that would result in a substantial 

impairment of significant historic 

features of an historic property; or 

(3) Require the agency to take any 

action that it can demonstrate would 

result in a fundamental alteration in the 

nature of a program or activity or in 

undue financial and administrative 

burdens. In those circumstances where 

agency personnel believe that the 

proposed action would fundamentally 

alter the program or activity or would 

result in undue financial and 

administrative burdens, the agency has 

the burden of proving that compliance 

with § 2416.150(a) would result in such 

alteration or burdens. The decision that 

compliance would result in such 

alteration or burdens must be made by 

the agency head or his or her designee 

after considering all agency resources 

available for use in the funding and 

operation of the conducted program or 

activity, and must be accompanied by a 

written statement of the reasons for 

reaching that conclusion. If an action 

would result in such an alteration or 

such burdens, the agency shall take any 

other action that would not result in 

such an alteration or such burdens but 

would nevertheless ensure that 

individuals with disabilities receive the 

benefits and services of the program or 

activity. 

(b) Methods—(1) General. The agency 

may comply with the requirements of 

this section through such means as 

redesign of equipment, reassignment of 

services to accessible buildings, 

assignment of aides to beneficiaries, 

home visits, delivery of services at 

alternate accessible sites, alteration of 

existing facilities and construction of 

new facilities, use of accessible rolling 

stock, or any other methods that result 

in making its programs or activities 

readily accessible to and usable by 

individuals with disabilities. The 

agency is not required to make 

structural changes in existing facilities 

where other methods are effective in 

achieving compliance with this section. 

The agency, in making alterations to 

existing buildings, shall meet 

accessibility requirements to the extent 

compelled by the Architectural Barriers 

Act of 1968, as amended (42 U.S.C. 

4151–4157), and any regulations 

implementing it. In choosing among 

available methods for meeting the 

requirements of this section, the agency 

shall give priority to those methods that 

offer programs and activities to qualified 

individuals with disabilities in the most 

integrated setting appropriate. 

(2) Historic preservation programs. In 

meeting the requirements of 

§ 2416.150(a) in historic preservation 

programs, the agency shall give priority 

to methods that provide physical access 

to individuals with disabilities. In cases 

where a physical alteration to an 

historic property is not required because 

of § 2416.150(a) (2) or (3), alternative 

methods of achieving program 

accessibility include— 

(i) Using audio-visual materials and 

devices to depict those portions of an 

historic property that cannot otherwise 

be made accessible; 

(ii) Assigning persons to guide 

individuals with disabilities into or 

through portions of historic properties 

that cannot otherwise be made 

accessible; or 

(iii) Adopting other innovative 

methods. 

■ 11. Section 2416.151 is revised to read 

as follows: 

§ 2416.151 Program accessibility: New 

construction and alterations. 

Each building or part of a building 

that is constructed or altered by, on 

behalf of, or for the use of the agency 

shall be designed, constructed, or 

altered so as to be readily accessible to 

and usable by individuals with 

disabilities. The definitions, 

requirements, and standards of the 

Architectural Barriers Act (42 U.S.C. 

4151–4157), as established in 41 CFR 

101–19.600 to 101–19.607, apply to 

buildings covered by this section. 

■ 12. Section 2416.160 is amended by 

revising paragraphs (a) and (d) to read 

as follows: 

§ 2416.160 Communications. 

(a) The agency shall take appropriate 

steps to ensure effective communication 

with applicants, participants, personnel 

of other Federal entities, and members 

of the public. 

(1) The agency shall furnish 

appropriate auxiliary aids where 

necessary to afford an individual with 

disabilities an equal opportunity to 

participate in, and enjoy the benefits of, 

a program or activity conducted by the 

agency. 

(i) In determining what type of 

auxiliary aid is necessary, the agency 

shall give primary consideration to the 

requests of the individual with 

disabilities. 

(ii) The agency need not provide 

individually prescribed devices, readers 

for personal use or study, or other 

devices of a personal nature. 

(2) Where the agency communicates 

with applicants and beneficiaries by 

telephone, telecommunication devices 

for deaf persons (TDD’s) or equally 

effective telecommunication systems 

shall be used to communicate with 

persons with impaired hearing. 

* * * * * 

(d) This section does not require the 

agency to take any action that it can 

demonstrate would result in a 

fundamental alteration in the nature of 

a program or activity or in undue 

financial and administrative burdens. In 

those circumstances where agency 

personnel believe that the proposed 

action would fundamentally alter the 

program or activity or would result in 

undue financial and administrative 

burdens, the agency has the burden of 

proving that compliance with 

§ 2416.160 would result in such 

alteration or burdens. The decision that 

compliance would result in such 

alteration or burdens must be made by 

the agency head or his or her designee 

after considering all agency resources 

available for use in the funding and 

operation of the conducted program or 

activity and must be accompanied by a 

written statement of the reasons for 

reaching that conclusion. If an action 

required to comply with this section 

would result in such an alteration or 

such burdens, the agency shall take any 

other action that would not result in 

such an alteration or such burdens but 

would nevertheless ensure that, to the 

maximum extent possible, individuals 

with disabilities receive the benefits and 

services of the program or activity. 

■ 13. Section 2416.170 is amended by 

revising paragraphs (a), (b), and (f) to 

read as follows: 

§ 2416.170 Compliance procedures. 

(a) Except as provided in paragraph 

(b) of this section, this section applies 

to all allegations of discrimination on 

the basis of disability in programs and 

activities conducted by the agency. 

(b) The agency shall process 

complaints alleging violations of section 

504 with respect to employment 

according to the procedures established 

by the Equal Employment Opportunity 

Commission in 29 CFR part 1614 

pursuant to section 501 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

791). 

* * * * * 

(f) The agency shall notify the 

Architectural and Transportation 

Barriers Compliance Board upon receipt 

of any complaint alleging that a building 

or facility that is subject to the 

Architectural Barriers Act of 1968, as 

amended (42 U.S.C. 4151–4157) is not 

readily accessible to and useable by 

individuals with disabilities. 

PART 2424—NEGOTIABILITY 

PROCEEDINGS 

■ 14. The authority cited for Part 2424 

continues to read as follows: 

Authority: 5 U.S.C. 7134. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51745 

§ 2424.22 [Amended] 

■ 15. Amend section 2424.22 as follows: 

■ a. In paragraph (b)(3), add ‘‘and’’ after 

the semi-colon; 

■ b. In paragraph (b)(4), remove the 

semi-colon and the word ‘‘and’’ from 

the end of the paragraph and add a 

period in their place; and 

■ c. Remove paragraph (b)(5). 

§ 2424.24 [Amended] 

■ 16. Amend section 2424.24 as follows: 

■ a. In paragraph (c)(3), add the word 

‘‘and’’ after the semi-colon; 

■ b. In paragraph (c)(4), remove the 

semi-colon and the word ‘‘and’’ from 

the end of the paragraph and add a 

period in their place; and 

■ c. Remove paragraph (c)(5). 

§ 2424.25 [Amended] 

■ 17. Amend section 2424.25 by 

removing paragraph (c)(3). 

§ 2424.26 [Amended] 

■ 18. Amend section 2424.26 as follows: 

■ a. Add the word ‘‘and’’ after the semicolon at the end of paragraph (c)(1)(iv); 

■ b. In paragraph (c)(2), remove the 

semi-colon and the word ‘‘and’’ from 

the end of the paragraph and add a 

period in their place; and 

■ c. Remove paragraph (c)(3). 

PART 2429—MISCELLANEOUS AND 

GENERAL REQUIREMENTS 

■ 19. The authority cited for part 2429 

continues to read as follows: 

Authority: 5 U.S.C. 7134; § 2429.18 also 

issued under 28 U.S.C. 2112(a). 

■ 20. Section 2429.21 is amended by 

revising paragraph (b) to read as follows: 

§ 2429.21 Computation of time for filing 

papers. 

* * * * * 

(b) Except when filing an unfair labor 

practice charge pursuant to part 2423 of 

this subchapter, a representation 

petition pursuant to part 2422 of this 

subchapter, and a request for an 

extension of time pursuant to 

§ 2429.23(a) of this part, when this 

subchapter requires the filing of any 

paper with the Authority, the General 

Counsel, a Regional Director, or an 

Administrative Law Judge, the date of 

filing shall be determined by the date of 

mailing indicated by the postmark date 

or the date a facsimile is transmitted. If 

no postmark date is evident on the 

mailing, it shall be presumed to have 

been mailed 5 days prior to receipt. If 

the date of facsimile transmission is 

unclear, the date of transmission shall 

be the date the facsimile transmission is 

received. If the filing is by personal 

delivery, it shall be considered filed on 

the date it is received by the Authority 

or the officer or agent designated to 

receive such materials. If the filing is 

deposited with a commercial delivery 

service that will provide a record 

showing the date the document was 

tendered to the delivery service, it shall 

be considered filed on the date when 

the matter served is deposited with the 

commercial delivery service. 

* * * * * 

■ 21. Section 2429.22 is revised to read 

as follows: 

§ 2429.22 Additional time after service by 

mail or commercial delivery. 

Except as to the filing of an 

application for review of a Regional 

Director’s Decision and Order under 

§ 2422.31 of this subchapter, whenever 

a party has the right or is required to do 

some act pursuant to this subchapter 

within a prescribed period after service 

of a notice or other paper upon such 

party, and the notice or paper is served 

on such party by mail or commercial 

delivery, 5 days shall be added to the 

proscribed period: Provided, however, 

that 5 days shall not be added in any 

instance where an extension of time has 

been granted. 

■ 22. Section 2429.25 is revised to read 

as follows: 

§ 2429.25 Number of copies and paper 

size. 

Unless otherwise provided by the 

Authority or the General Counsel, or 

their designated representatives, as 

appropriate, or under this subchapter, 

and with the exception of any 

prescribed forms, any document or 

paper filed with the Authority, General 

Counsel, Administrative Law Judge, 

Regional Director, or Hearing Officer, as 

appropriate, under this subchapter, 

together with any enclosure filed 

therewith, shall be submitted on 8c by 

11 inch size paper, using normal 

margins and font sizes. The original and 

four (4) legible copies of each document 

or paper must be submitted. Where 

facsimile filing is permitted pursuant to 

§ 2429.24(e), one (1) legible copy, 

capable of reproduction, shall be 

sufficient. A clean copy capable of being 

used as an original for purposes such as 

further reproduction may be substituted 

for the original. 

■ 23. Section 2429.27 is amended by 

revising paragraph (d) to read as 

follows: 

§ 2429.27 Service; statement of service. 

* * * * * 

(d) The date of service or date served 

shall be the day when the matter served 

is deposited in the U.S. mail, delivered 

in person, deposited with a commercial 

delivery service that will provide a 

record showing the date the document 

was tendered to the delivery service or, 

in the case of facsimile transmissions, 

the date transmitted. 

■ 24. Add § 2429.29 to subpart B to read 

as follows: 

§ 2429.29 Content of filings. 

Any document that a party files in a 

proceeding covered by this subchapter 

that is before the Authority or the Office 

of Administrative Law Judges must 

include a table of contents if the 

document exceeds 10 double-spaced 

pages in length. 

Dated: September 25, 2009. 

Carol Waller Pope, 

Chairman. 

[FR Doc. E9–23552 Filed 10–7–09; 8:45 am] 

BILLING CODE 6727–01–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 246 

[FNS–2009–0001] 

RIN 0584–AD71 

Special Supplemental Nutrition 

Program for Women, Infants and 

Children (WIC): Vendor Cost 

Containment 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule adopts, with 

changes, an interim rule published on 

November 29, 2005 amending the WIC 

regulations. The final rule incorporates 

into program regulations new legislative 

requirements for vendor cost 

containment that affect the selection, 

authorization, and reimbursement of 

retail vendors. These requirements are 

contained in the Child Nutrition and 

WIC Reauthorization Act of 2004, 

enacted on June 30, 2004. The final rule 

reflects the statutory provisions that 

require State agencies to implement a 

vendor peer group system, competitive 

price criteria, and allowable 

reimbursement levels in a manner that 

ensures the WIC Program pays 

authorized vendors competitive prices 

for supplemental foods. It also requires 

State agencies to ensure vendors that 

derive more than 50 percent of their 

annual food sales revenue from WIC 

food instruments (‘‘above-50-percent 

vendors’’) do not cause higher food 

costs for the program than do other 

vendors (‘‘regular vendors’’). The intent 


srobinson on DSKHWCL6B1PROD with RULES