This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

67117 

Vol. 88, No. 188 

Friday, September 29, 2023 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Part 2429 

Miscellaneous and General 

Requirements 

AGENCY: Federal Labor Relations 

Authority. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Labor Relations 

Authority (FLRA) is proposing to amend 

its regulations to specify that, if parties 

wish to file documents with the FLRA’s 

Office of Case Intake and Publication 

(CIP) in person, then they must 

schedule an appointment at least one 

business day in advance. The proposed 

amendments also specify that 

electronically filed (eFiled) documents 

must be filed by ‘‘11:59 p.m.,’’ rather 

than ‘‘midnight,’’ on the due date, and 

make other minor technical and 

formatting changes. 

DATES: Written comments must be 

received on or before October 30, 2023. 

ADDRESSES: You may send comments, 

which must include the caption 

‘‘Miscellaneous and General 

Requirements,’’ by one of the following 

methods: 

• Email: FedRegComments@flra.gov. 

Include ‘‘Miscellaneous and General 

Requirements’’ in the subject line of the 

message. 

• Mail: Erica Balkum, Chief, Office of 

Case Intake and Publication, Federal 

Labor Relations Authority, Docket 

Room, Suite 200, 1400 K Street NW, 

Washington, DC 20424–0001. 

Instructions: Do not mail written 

comments if they have been submitted 

via email. Interested persons who mail 

written comments must submit an 

original and 4 copies of each written 

comment, with any enclosures, on 81⁄2

× 11 inch paper. Do not deliver 

comments by hand. 

FOR FURTHER INFORMATION CONTACT: 

Erica Balkum, Chief, Office of Case 

Intake and Publication at ebalkum@

flra.gov or at: (771) 444–5805. 

SUPPLEMENTARY INFORMATION: Currently, 

5 CFR 2429.24(a) states that—except for 

documents that are filed electronically 

through the FLRA’s electronic-filing 

(eFiling) system—parties that file 

documents with the FLRA’s threeMember, decisional component (the 

Authority) must file those documents 

with CIP between 9 a.m. and 5 p.m. 

E.T., Monday through Friday, except 

federal holidays. 5 CFR 2429.24(a). That 

regulation also provides that, if parties 

file those documents by hand delivery, 

then they must file them no later than 

5 p.m. E.T. if the parties want the 

Authority to accept those documents for 

filing on that day. 

Even before the Coronavirus-19 

pandemic, parties rarely filed 

documents with CIP in person, and then 

in-person filing was suspended during 

the pandemic. Since the FLRA 

reinstated in-person filing effective May 

30, 2023, no parties have filed 

documents with CIP in person. 

Further, parties have multiple other 

methods for filing documents with CIP: 

most may be eFiled, see 5 CFR 

2429.24(f) (listing types of documents 

that may be filed by eFiling); all may be 

filed by commercial delivery, first-class 

mail, or certified mail, see 5 CFR 

2429.24(e); and some may be filed by 

facsimile transmission (fax), see 5 CFR 

2429.24(g) (listing types of documents 

that may be filed by fax). All of those 

filing methods actually provide more 

flexibility than in-person filing, because 

they do not restrict parties to filing their 

documents during a particular window 

of time during the day. See 5 CFR 

2429.24(a) (under current wording, 

eFiled documents must be filed by 

midnight); 5 CFR 2429.21(b)(1)(i) 

(documents filed by first-class mail are 

considered filed on the date of 

postmark, if a postmark is legible, or 

presumed filed five days before the date 

the Authority receives them, if the 

postmark is illegible); 5 CFR 

2429.21(b)(1)(ii) (documents filed by fax 

are considered filed on the date of 

transmission if that date is clear on the 

fax, or otherwise considered filed on the 

date on which the Authority receives 

the fax); 5 CFR 2429.21(b)(1)(iv) 

(documents filed by a commercialdelivery service that provides a record 

showing the date of deposit are 

considered filed on the date of deposit 

with the commercial-delivery service). 

For these reasons, it is unclear that 

there is any need for CIP to be open to 

the public for in-person filing on an 

inflexible schedule of 8 hours a day, 5 

days a week. 

Additionally, as the FLRA continues 

to move towards fully electronic case 

files, it wishes to strongly encourage 

parties to file any permissible 

documents through the eFiling system. 

To the extent that moving to an 

‘‘appointment-only’’ in-person filing 

system has any effect at all on parties’ 

filing practices, it should promote 

eFiling. Further, it would assist CIP— 

which has decreased in size, over the 

years, to only four full-time-equivalent 

employees—in more easily managing 

staff-coverage issues, especially if 

budget constraints or other 

considerations prevent it from filling 

vacancies as they arise. 

Given these considerations, the 

Authority is proposing to revise 5 CFR 

2429.24(a) to eliminate the references to 

parties being: (1) able to file documents 

with CIP between 9 a.m. and 5 p.m. 

E.T., Monday through Friday (except 

federal holidays), and (2) required to file 

any hand-delivered documents by 5 

p.m. E.T. Instead, the proposed 

revisions would specify that: (1) to file 

documents with CIP by personal 

delivery, parties must schedule an 

appointment at least one business day 

in advance by calling CIP; and (2) 

personal delivery will be accepted by 

appointment Monday through Friday 

(except federal holidays). 

In addition, the proposed revisions 

would: (1) update CIP’s phone number 

to (771) 444–5805; (2) delete the period 

after ‘‘NW’’ in CIP’s mailing address; (3) 

change the term ‘‘hand delivery’’ to 

‘‘personal delivery,’’ consistent with 

other Authority regulations, see 5 CFR 

2429.21(b)(1)(iii) (discussing how the 

Authority determines the due dates for 

‘‘[d]ocuments filed with the FLRA by 

personal delivery’’); (4) change the 

eFiling deadline from ‘‘midnight E.T.’’ 

on the due date to ‘‘11:59 p.m.’’ on the 

due date, because midnight technically 

starts a new day; and (5) correct a 

typographical error in the second-to-last 

sentence of the regulation, changing 

‘‘federal legal documents’’ to ‘‘federal 

legal holidays.’’ 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the Chairman of the FLRA has 


lotter on DSK11XQN23PROD with PROPOSALS1
67118 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

determined that this proposed rule 

would not have a significant impact on 

a substantial number of small entities, 

because this proposed rule would apply 

only to Federal agencies, Federal 

employees, and labor organizations 

representing those employees. 

Executive Order 12866, Regulatory 

Review 

The FLRA is an independent 

regulatory agency and thus is not 

subject to the requirements of E.O. 

12866 (58 FR 51735, Sept. 30, 1993). 

Executive Order 13132, Federalism 

The FLRA is an independent 

regulatory agency and thus is not 

subject to the requirements of E.O. 

13132 (64 FR 43255, Aug. 4, 1999). 

Unfunded Mandates Reform Act of 

1995 

This proposed rule would 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 would 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 proposed rule 

would 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 proposed rule contains no 

additional information collection or 

record-keeping requirements under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq. 

List of Subjects in 5 CFR Part 2429 

Administrative practice and 

procedure, Government employees, 

Labor management relations. 

For the reasons stated in the 

preamble, the FLRA proposes to amend 

5 CFR part 2429 as follows: 

PART 2429—MISCELLANEOUS AND 

GENERAL REQUIREMENTS 

■ 1. The authority citation 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). 

■ 2. Amend § 2429.24 by revising 

paragraph (a) to read as follows: 

§ 2429.24 Place and method of filing; 

acknowledgment. 

(a) Except for documents that are filed 

electronically through use of the eFiling 

system on the FLRA’s website at 

www.flra.gov, anyone who files a 

document with the Authority (as 

distinguished from the General Counsel, 

a Regional Director, or an 

Administrative Law Judge) must file 

that document with the Chief, Case 

Intake and Publication, Federal Labor 

Relations Authority, Docket Room, Suite 

200, 1400 K Street NW, Washington, DC 

20424–0001 (telephone: (771) 444– 

5805). To file documents by personal 

delivery, you must schedule an 

appointment at least one business day 

in advance by calling the telephone 

number in the previous sentence. 

Personal delivery is accepted by 

appointment Monday through Friday 

(except federal holidays). If you file 

documents electronically through use of 

the FLRA’s eFiling system, then you 

may file those documents on any 

calendar day—including Saturdays, 

Sundays, and federal legal holidays— 

and the Authority will consider those 

documents filed on a particular day if 

you file them no later than 11:59 p.m. 

on that day. Note, however, that 

although you may eFile documents on 

Saturdays, Sundays, and federal legal 

holidays, you are not required to do so. 

Also note that you may not file 

documents with the Authority by 

electronic mail (‘‘email’’). 

* * * * * 

Approved: September 26, 2023. 

Rebecca J. Osborne, 

Director of Legislative Affairs and Program 

Planning, Federal Labor Relations Authority. 

[FR Doc. 2023–21447 Filed 9–28–23; 8:45 am] 

BILLING CODE 6727–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1890; Project 

Identifier MCAI–2023–00283–T] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

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 

Bombardier, Inc., Model BD–100–1A10 

airplanes. This proposed AD was 

prompted by reports from the supplier 

that some overheat detection sensing 

elements of the bleed air leak detection 

system were manufactured with 

insufficient salt fill, which can result in 

an inability to detect hot bleed air leaks. 

This proposed AD would require 

revising the existing airplane flight 

manual (AFM) to include procedures to 

prevent takeoff with an active bleed air 

leak annunciated while on the ground. 

This proposed AD would also require 

testing the overheat detection sensing 

elements, marking each serviceable 

sensing element with a witness mark, 

and replacing each nonserviceable part 

with a serviceable part. This proposed 

AD would also prohibit the installation 

of affected parts. The FAA is proposing 

this AD to address the unsafe condition 

on these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 13, 

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–2023–1890; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 


lotter on DSK11XQN23PROD with PROPOSALS1