60406 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 

in the TGB to Airbus Helicopters or send an 

affected TGB to an approved workshop. 

(14) Where the service information 

(including any work card) referenced in 

EASA AD 2023–0001 specifies to use tooling, 

this AD allows the use of equivalent tooling. 

(15) Where the service information 

(including any work card) referenced in 

EASA AD 2023–0001 specifies discarding 

certain parts, this AD requires removing 

those parts from service. 

(16) Where the service information 

(including any work card) referenced in 

EASA AD 2023–0001 specifies performing a 

metallurgical analysis of particles if there is 

a doubt concerning the type, size, or 

classification of any collected particle, this 

AD requires, before further flight, performing 

a metallurgical analysis if the type, size, or 

classification of any collected particle cannot 

be determined. 

(17) Where the service information 

(including any work card) referenced in 

EASA AD 2023–0001 specifies if there is any 

doubt remaining (pertaining to particle 

classification) after performing a 

metallurgical analysis, contact Airbus, this 

AD requires, before further flight, removing 

an affected TGB from service and replacing 

it with an airworthy part, or repairing the 

TGB in accordance with a method approved 

by the Manager, Europe Middle East & Africa 

Section, International Validation Branch, 

FAA; EASA; or Airbus Helicopters’ DOA. If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(18) Where the service information 

referenced in EASA AD 2023–0001 requires 

reporting inspection results, including 

Appendix 4.A., to Airbus Helicopters, if any 

M50 particles are found, this AD requires 

reporting those inspection results along with 

a detailed description of any information and 

findings, and if possible, provide photos, at 

the applicable time in paragraph (h)(18)(i) or 

(ii) of this AD. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 10 days after accomplishing the 

metallurgical analysis. 

(ii) If the inspection was done before the 

effective date of this AD: Submit the report 

within 10 days after the effective date of this 

AD. 

(19) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0001. 

(i) Special Flight Permits 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199, 

provided no passengers are onboard. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

For more information about this AD, 

contact Kevin Kung, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone (781) 

238–7244; email 9-AVS-AIR-BACO-COS@

faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0001, dated January 4, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0001, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; Internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 23, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18612 Filed 8–31–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1812; Project 

Identifier MCAI–2023–00726–A] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Diamond Aircraft Industries Inc. Model 

DA 62 airplanes. This proposed AD was 

prompted by reports of baggage nets 

installed with defective buckles, which 

may result in failure of the baggage net 

to restrain the baggage or cargo, which 

could lead to injury to the occupants in 

the case of an emergency landing. This 

proposed AD would require identifying 

and replacing the affected part. The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this NPRM by October 16, 2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1812; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For service information identified 

in this NPRM, contact Diamond Aircraft 

Industries Inc., Att: Thit Tun, 1560 

Crumlin Road, London, N5V 1S2, 

Canada; phone: (519) 457–4000; email: 

t.tun@diamondaircraft.com; website: 

diamondaircraft.com. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 901 Locust, Kansas City, MO 

64106. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. 

FOR FURTHER INFORMATION CONTACT: 

Chirayu Gupta, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

(516) 228–7300; email: 

chirayu.a.gupta@faa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 60407 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1812; Project Identifier 

MCAI–2023–00726–A’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Chirayu Gupta, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590. Any commentary that the 

FAA receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Transport Canada AD CF–2021– 

24, dated July 21, 2021 (referred to after 

this as the MCAI), to correct an unsafe 

condition on all Diamond Aircraft 

Industries Inc. Model DA 40, DA 40 D, 

DA 40 F, DA 40 NG, and DA 62 

airplanes. 

The MCAI states Diamond Aircraft 

Industries Inc. received reports of 

defective buckles installed on the 

baggage nets on DA 40 NG and DA 62 

airplanes. An investigation revealed a 

quality issue during the manufacturing 

of the Quick Fix Baggage Net Assembly, 

part number (P/N) D44–2550–90–00 and 

P/N D67–2550–90–00_02, by the 

supplier. P/N D44–2550–90–00 baggage 

nets can also be installed on DA 40, DA 

40 D, and DA 40 F airplanes. The 

baggage nets installed with defective 

buckles may not maintain sufficient 

holding force to restrain the baggage or 

cargo that is carried in the same 

compartment as passengers. 

Consequently, they may not provide 

adequate means to protect the 

passengers from injury. This condition, 

if not corrected, could result in the 

failure of the baggage net to restrain the 

baggage or cargo, which could lead to 

injury to the occupants in the case of an 

emergency landing. The MCAI 

mandates the removal and replacement 

of the affected baggage nets. The MCAI 

also renders any affected baggage nets 

not eligible for installation as a 

replacement part on Diamond Aircraft 

Industries Inc. Model DA 40, DA 40 D, 

DA 40 F, DA 40 NG, and DA 62 

airplanes. 

Previously, the FAA issued AD 2022– 

13–06, Amendment 39–22092 (87 FR 

40435, July 7, 2022) (AD 2022–13–06) to 

address the unsafe condition on all 

Diamond Aircraft Industries Inc. Model 

DA 40, DA 40 F, and DA 40 NG 

airplanes (including Model DA 40 D 

airplanes that have been converted to 

Model DA 40 NG airplanes). AD 2022– 

13–06 requires removing and replacing 

the affected baggage nets. The Diamond 

Aircraft Industries Inc. Model DA 62 

airplanes were not included in AD 

2022–13–06. This proposed AD would 

require these same actions on the 

Diamond Aircraft Industries Inc. Model 

DA 62 airplanes. 

The FAA is proposing this AD to 

prevent failure of the baggage net to 

restrain the baggage or cargo. This 

unsafe condition, if not corrected, could 

result in injury to occupants in the case 

of an emergency landing. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1812. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Diamond Aircraft 

Industries Mandatory Service Bulletin 

MSB 62–028, Rev. 1, dated July 6, 2021, 

which specifies procedures for 

identifying, removing, and replacing the 

affected baggage nets. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in ADDRESSES. 

FAA’s Determination 

These products have been approved 

by the aviation authority of another 

country, and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with this 

State of Design Authority, it has notified 

the FAA of the unsafe condition 

described in the MCAI and service 

information referenced above. The FAA 

is issuing this NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

on other products of the same type 

design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

the MCAI, except as discussed under 

‘‘Differences Between this Proposed AD 

and the MCAI.’’ 

Differences Between This Proposed AD 

and the MCAI 

The MCAI applies to Diamond 

Aircraft Industries Inc. Model DA 40, 

DA 40 D, DA 40 F, DA 40 NG, and DA 

62 airplanes. This proposed AD would 

only apply to Diamond Aircraft 

Industries Inc. Model DA 62 airplanes 

and would not apply to Model DA 40, 

DA 40 F, and DA 40 NG airplanes 

because those airplanes are already 

covered by AD 2022–13–06. This 

proposed AD would not apply to Model 

DA 40 D airplanes because that model 

does not have an FAA type certificate. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 81 

airplanes of U.S. registry. 

The FAA estimates the following 

costs to comply with this proposed AD: 


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60408 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Replace baggage net ...................................... 0.25 work-hour × $85 per hour = $21.25 ....... $441 $462.25 $37,442.25 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Diamond Aircraft Industries Inc.: Docket No. 

FAA–2023–1812; Project Identifier 

MCAI–2023–00726–A. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 16, 

2023. 

(b) Affected ADs 

AD 2022–13–06, Amendment 39–22092 

(87 FR 40435, July 7, 2022) is related to this 

AD. 

(c) Applicability 

This AD applies to Diamond Aircraft 

Industries Inc. Model DA 62 airplanes, all 

serial numbers, certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2550, Cargo Compartments. 

(e) Unsafe Condition 

This AD was prompted by reports of 

baggage nets installed with defective buckles. 

The FAA is issuing this AD to prevent failure 

of the baggage net to restrain the baggage or 

cargo. The unsafe condition, if not addressed, 

could result in injury to occupants in the 

case of an emergency landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Definition 

The following are ‘‘affected baggage nets’’ 

for purposes of this AD: Quick fix baggage 

net assembly part number D67–2550–90–00_

02 with a date of manufacture of June 2016. 

(h) Required Actions 

(1) Within 12 months after the effective 

date of this AD or within 50 hours time-inservice after the effective date of this AD, 

whichever occurs first, inspect each baggage 

net to determine whether an affected baggage 

net is installed on your airplane. 

Note 1 to paragraph (h)(1): The date of 

manufacture is located on the label with the 

abbreviation ‘‘DMF.’’ 

(i) If an affected baggage net is installed, 

before further flight, remove the baggage net 

from service. 

(ii) Before the next flight carrying baggage 

or cargo in the baggage compartment, install 

a baggage net that is not an affected baggage 

net in accordance with Figure 1 of the 

Accomplishment Instructions in Diamond 

Aircraft Industries Mandatory Service 

Bulletin MSB 62–028, Rev. 1, dated July 6, 

2021. 

(2) As of the effective date of this AD, do 

not install an affected baggage net on any 

airplane. 

(i) Alternative Methods of Compliance 

(AMOCs) 

The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (j)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

(1) Refer to Transport Canada AD CF– 

2021–24, dated July 21, 2021, for related 

information. This Transport Canada AD may 

be found in the AD docket at regulations.gov 

under Docket No. FAA–2023–1812. 

(2) For more information about this AD, 

contact Chirayu Gupta, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (516) 228– 

7300; email: chirayu.a.gupta@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Diamond Aircraft Industries Mandatory 

Service Bulletin MSB 62–028, Rev. 1, dated 

July 6, 2021. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Diamond Aircraft Industries 

Inc., Att: Thit Tun, 1560 Crumlin Road, 

London, N5V 1S2, Canada; phone: (519) 457– 

4000; email: t.tun@diamondaircraft.com; 

website: diamondaircraft.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 


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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 60409 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 28, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18827 Filed 8–31–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

29 CFR Part 1406 

RIN 3076–AA26 

FMCS Terms of Service 

AGENCY: Federal Mediation and 

Conciliation Service. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Mediation and 

Conciliation Service (FMCS) is issuing 

this proposed rule for FMCS clients. 

This rulemaking sets forth terms for 

FMCS’s provision of services. This 

rulemaking further expounds upon 

confidentiality rules associated with 

FMCS’s services. 

DATES: Comments must be submitted on 

or before October 31, 2023. 

ADDRESSES: You may submit comments, 

in writing, to FMCS on this proposed 

rule, identified by RIN 3076–AA26, by 

any of the following methods: 

• Email: register@fmcs.gov. Include 

the reference ‘‘Proposed Rule FMCS 

Terms of Service, RIN 3076–AA26’’ in 

the subject line of the message. 

• Mail: FMCS, One Independence 

Square, 250 E Street SW, Washington, 

DC 20427, Attention: Alisa Zimmerman, 

Deputy General Counsel. 

FOR FURTHER INFORMATION CONTACT: 

Alisa Zimmerman, Deputy General 

Counsel, Office of General Counsel, 

Federal Mediation and Conciliation 

Service, 250 E St SW, Washington, DC 

20427; Office/Fax/Mobile 202–606– 

5488; azimmerman@fmcs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Mediation and 

Conciliation Service (FMCS) works to 

build better, more effective workplace 

relationships and mitigate the damage 

from inevitable conflict through 

preventive dialogue, honest 

communication, and responsive 

strategies. Through our mission, FMCS 

provides professional services to a wide 

range of Federal, state, and local 

government agencies to resolve 

disputes, design conflict management 

systems, build capacity for constructive 

conflict management, and strengthen 

inter-agency and public-private 

cooperation. In offering these services, 

FMCS recipients must agree to abide by 

the proposed rule to preserve the 

integrity of the provided services. 

II. Analysis of the Regulations 

Section 1406.1 General Terms of 

Service 

Paragraphs (a) through (g) set forth general 

terms of service applicable to all FMCS 

services. More specifically: 

Paragraph (a) explains that when FMCS 

services are chosen, recipients of the services 

agree to abide by the terms as well as any 

other terms of services provided by FMCS 

and will hold FMCS and any FMCS neutral 

harmless. 

Paragraph (b) notes FMCS will determine 

the date, time, and manner of services in 

accordance with applicable statutes and 

regulations. 

Paragraph (d) explains that any person 

shadowing an FMCS neutral agrees to be 

bound by the same confidentiality standards 

as the FMCS neutral, which will be honored 

by the parties. 

Paragraph (e) notes that FMCS recognizes 

the importance of mediator confidentiality, 

and as such FMCS will not produce materials 

related to a mediation, with some exceptions. 

Paragraph (f) states that’s the section does 

not negate or modify FMCS’s Confidential 

Commercial Information (CCI) regulation. 

Paragraph (g) discusses that FMCS will 

make the terms publicly available and make 

a copy available to all parties upon request. 

Section 1406.2 Terms of Service for 

Mediation, Facilitation, and Other 

Alternative Dispute Resolution Services 

Paragraphs (a) through (g) sets forth 

additional terms of service specific to 

mediation, facilitation, & other alternative 

dispute resolution services provided by 

FMCS. 

Section 1406.3 Virtual Services— 

Additional Terms of Service 

Paragraphs (a) through (c) set forth 

additional terms of service specific to virtual 

services provided by FMCS. 

Section 1406.4 Grievance Mediation 

and Federal Sector Inter-Agency 

Agreement Mediation—Additional 

Terms of Service 

Paragraphs (a) through (e) set forth 

additional terms of service specific to 

grievance mediations and Federal sector 

inter-agency agreement mediations provided 

by FMCS. 

Section 1406.5 Training and Outreach 

This section sets forth additional terms of 

service specific to training and outreach 

presentations provided by FMCS. 

III. Matters of Regulatory Procedure 

Administrative Procedure Act 

Under 5 U.S.C. 553(a)(2), rules 

relating to agency management or 

personnel are exempt from the notice 

and comment rulemaking requirements 

of the Administrative Procedure Act 

(APA). In addition, under 5 U.S.C. 

553(b)(3)(A), notice and comment 

rulemaking requirements do not apply 

to rules concerning matters of agency 

organization, procedure, or practice. 

Given that the rule concerns matters of 

agency management or personnel, and 

organization, procedure, or practice, the 

notice and comment requirements of the 

APA do not apply here. Nor is a public 

hearing required under 45 U.S.C. 160a. 

In issuing a proposed rule on this 

matter, FMCS, will consider all written 

comments on this proposed rule that are 

submitted by the October 31, 2023 due 

date. 

Executive Order 12866 

This proposed rule is not a significant 

rule for purposes of Executive Order 

12866 and has not been reviewed by the 

Office of Management and Budget. 

Regulatory Flexibility Act 

FMCS has determined under the 

Regulatory Flexibility Act, 5 U.S.C. 

chapter 6, that this proposed rule would 

not have a significant economic impact 

on a substantial number of small entities 

because it would primarily affect FMCS 

employees. 

Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. chapter 35, does not apply to this 

proposed rule because it does not 

contain any information collection 

requirements that would require the 

approval of the Office of Management 

and Budget. 

Congressional Review Act 

FMCS has determined that this 

proposed rule does not meet the 

definition of a rule, as defined by the 

Congressional Review Act, 5 U.S.C. 

chapter 8, and thus does not require 

review by Congress. 

List of Subjects in 29 CFR Part 1406 

Administrative practice and 

procedure, Labor management relations. 

For the reasons discussed in the 

preamble, FMCS proposes to amend 29 

CFR chapter XII by adding part 1406 to 

read as follows: 


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