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

35882

Vol. 63, No. 126

Wednesday, July 1, 1998

FEDERAL LABOR RELATIONS

AUTHORITY

5 CFR Parts 2420 through 2423, 2470

and 2472

Regulations Implementing Coverage of

Federal Sector Labor Relations Laws

to the Executive Office of the President

AGENCY: Federal Labor Relations

Authority.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Labor Relations

Authority (FLRA) proposes to revise

portions of its regulations in order to

carry out its responsibilities under the

Presidential and Executive Office

Accountability Act. The FLRA was

directed to issue regulations

implementing coverage of the Federal

Service Labor-Management Relations

Statute to the Executive Office of the

President no later than October 1, 1998.

The FLRA is also providing an

opportunity for all interested persons to

comment on an issue that has arisen

during the consideration of these

regulatory revisions.

DATES: Comments must be received on

or before July 31, 1998.

ADDRESSES: Mail or deliver written

comments to the Office of Case Control,

Federal Labor Relations Authority, 607

14th Street, NW., Washington, DC

20424–0001.

FOR FURTHER INFORMATION CONTACT:

Peter Constantine, Director, Office of

Case Control, at the address listed above

or by telephone # (202) 482–6500.

SUPPLEMENTARY INFORMATION:

1. Background

The Presidential and Executive Office

Accountability Act (Pub. L. 104–331)

(the EOAA) was enacted on October 26,

1996, extending the coverage of eleven

civil rights, labor, and employment laws

to the Executive Office of the President

(EOP). The EOAA applies Chapter 71 of

Title 5, the Federal Service LaborManagement Relations Statute (the

Statute), to the EOP and requires the

FLRA to promulgate regulations to

implement the EOAA, no later than

October 1, 1998.

The EOP is comprised of thirteen

separate offices: The White House

Office, the Executive Residence at the

White House, the Office of the Vice

President, the Official Residence of the

Vice President, the Office of Policy

Development, the Council of Economic

Advisors, the Council on Environmental

Quality and Office of Environmental

Quality, the National Security Council,

the Office of Administration, the Office

of Management and Budget, the Office

of National Drug Control Policy, the

Office of Science and Technology, and

the Office of the United States Trade

Representative.

According to House Report No. 104–

820 (110 Stat. 4375), there are roughly

1,700 employees working in the EOP.

Less than one-third of these are Title 3

employees, who traditionally serve at

the discretion of the President. The Title

3 employees work in the White House

Office, the Office of the Vice President,

the Office of Policy Development, the

Executive Residence, and the Official

Residence of the Vice President. The

remaining 1,150 employees working in

the other eight EOP offices are covered

by Title 5, and are civil service

employees serving under the same laws

and regulations as other career

executive branch employees. These

Title 5 employees previously covered by

Chapter 71 of Title 5, are now covered

under the provisions of the EOAA.

2. Requirements placed on the FLRA

The EOAA contains a general

requirement that the FLRA issue

regulations for the EOP that are the

same as the substantive regulations

promulgated by the FLRA for all other

agencies under its jurisdiction. This

general requirement applies differently,

however, depending on the EOAA’s

classification of the EOP offices.

With respect to the first group of five

designated offices (the Council on

Environmental Quality, the Office of

Administration, the Office of Science

and Technology Policy, the Office of the

U.S. Trade Representative, and the

Official Residence of the Vice

President), the EOAA requires that the

FLRA’s regulations be the same as the

regulations that apply to other agencies,

except to the extent that the Authority

determines for good cause, or to avoid

a conflict of interest or an appearance of

a conflict of interest, that a modification

is required. For the remaining eight EOP

offices, the EOAA requires that the

FLRA exclude from coverage employees

if the FLRA determines that exclusion is

required because of a conflict of interest,

an appearance of a conflict of interest,

or the President’s or Vice President’s

constitutional responsibilities.

3. Prior Federal Register Notice

The FLRA published a Federal

Register notice (63 FR 16141, Apr. 2,

1998) inviting parties to submit written

recommendations on what, if any,

modifications to the FLRA’s current

regulations were necessary to satisfy the

requirements of the EOAA. Specifically,

the FLRA asked for comments

regarding: Appropriate bargaining units

under section 7112 of the Statute and

section 431(d)(1)(B) of the EOAA;

appropriate remedies for statutory

violations based upon section 431(a) of

the EOAA and sections 7118(a)(7) and

7105(a)(2)(I) of the Statute; possible

security issues based upon the FLRA’s

ability to investigate, prosecute, and

adjudicate cases in which non-public

information could be at issue or

discussed; possible conflict of interest/

appearance of conflict of interest issues

based upon section 431(d)(1)(B)(i) of the

EOAA; possible constitutional issues

based upon section 431(d)(1)(B)(ii) of

the EOAA; concerns regarding political

affiliation; and appropriate designation

of the ‘‘head of an agency’’ under

sections 7102(1), 7114(c)(1)–(3), and

7117(c)(3) of the Statute for each EOP

office. No comments were received

specifically in response to the notice.

Additionally, the FLRA informally

invited comment directly from

interested persons. In response, one

comment noted that during the FLRA’s

investigation, prosecution, and

adjudication of cases involving the EOP,

the FLRA may receive documents that

otherwise would not be subject to

public disclosure through the Freedom

of Information Act (FOIA). As the FLRA

continues to review its regulations to

determine whether modifications are

necessary in light of the EOAA, the

FLRA is requesting comments on this

issue of information disclosure and the

interests of the EOP. Once the FLRA

receives comments, it will consider

rulemaking on this issue, if necessary.
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules 35883

4. Summary of Amendments

As a result of the enactment of the

EOAA, a number of amendments to the

FLRA’s regulations are necessary.

A. Section 2420.1 Purpose and scope

The FLRA proposes to amend this

section to reflect the fact that the EOAA

has made applicable Chapter 71 of Title

5 to the EOP.

B. Section 2421.2 Terms defined in 5

U.S.C. 7103(a)

The FLRA proposes to amend this

section to incorporate applicable

definitions found in the EOAA.

C. Section 2421.14 Appropriate unit

The FLRA proposes to amend this

section to reflect that when making

bargaining unit determinations for the

eight offices listed in 3 U.S.C. 431(d)(2),

pursuant to section 431 of the EOAA,

the Regional Director shall exclude

employees if it is determined that such

exclusion is required because of a

conflict of interest, an appearance of a

conflict of interest, or the President’s or

Vice President’s constitutional duties.

D. Section 2422.34(b) Rights and

obligations during the pendency of

representation proceedings

The FLRA proposes to amend this

section to include 3 U.S.C. 431(d)(2) as

one of the statutory grounds for a party

to take action regarding the bargaining

unit status of individual employees.

E. Section 2423.41 Action by the

Authority; compliance with Authority

decisions and orders

The FLRA proposes to amend this

section to reflect that, with regard to

employees covered by section 431 of the

EOAA, on finding a violation, the

Authority may not issue an order of

reinstatement.

F. Section 2470.1 Purpose

The FLRA proposes to amend this

section to reflect the fact that the EOAA

has made applicable chapter 71 of title

5 to the Executive Office of the

President.

G. Section 2470.2 Definitions

The FLRA proposes to amend this

section to incorporate applicable

definitions found in the EOAA.

H. Section 2472.1 Purpose

The FLRA proposes to amend this

section to clarify that the regulations

contained in this part do not apply to

employing offices, employees, and

representatives of those employees, who

are subject to the provisions of the

EOAA.

Regulatory Flexibility Act Certification

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), the FLRA has determined that

this regulation, as amended, will not

have a significant economic impact on

a substantial number of small entities.

The amendments are required so that

the FLRA can carry out its

responsibilities under the EOAA.

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

government. 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 requirement under the

Paperwork Reduction Act of 1995, 44

U.S.C. 3501, et seq.

List of Subjects in 5 CFR Parts 2420,

2421, 2422, 2423, 2470, and 2472

Administrative practice and

procedure, Government employees,

Labor-management relations.

For the reasons stated in the

preamble, the FLRA proposes to amend

parts 2420, 2421, 2422, 2423, 2470, and

2472 of chapter XIV, title 5 of the Code

of Federal Regulations as follows:

PART 2420—PURPOSE AND SCOPE

1. The authority citation for part 2420

is revised to read as follows:

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

2. The introductory text of § 2420.1 is

revised to read as follows:

§ 2420.1 Purpose and scope.

The regulations contained in this

subchapter are designed to implement

the provisions of chapter 71 of title 5

and, where applicable, section 431 of

title 3 of the United States Code. They

prescribe the procedures, basic

principles or criteria under which the

Federal Labor Relations Authority or the

General Counsel of the Federal Labor

Relations Authority, as applicable, will:

* * * * *

PART 2421—MEANING OF TERMS AS

USED IN THIS SUBCHAPTER

1. The authority citation for part 2421

is revised to read as follows:

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

2. In § 2421.2, paragraph (a) is revised

to read as follows:

§ 2421.2 Terms defined in 5 U.S.C. 7103(a);

General Counsel; Assistant Secretary.

(a) The terms person, employee,

agency, labor organization, dues,

Authority, Panel, collective bargaining

agreement, grievance, supervisor,

management official, collective

bargaining, confidential employee,

conditions of employment, professional

employee, exclusive representative,

firefighter, and United States, as used

herein shall have the meanings set forth

in 5 U.S.C. 7103(a). The terms covered

employee, employee, employing office,

and agency, when used in connection

with the Presidential and Executive

Office Accountability Act, 3 U.S.C. 401

et seq., shall have the meaning set out

in 3 U.S.C. 401(b), 431(b) and (d)(2).

Employees who are employed in the

eight offices listed in 3 U.S.C. 431(d)(2)

are excluded from coverage if the

Authority determines that such

exclusion is required because of a

conflict of interest, an appearance of a

conflict of interest, or the President’s or

Vice President’s constitutional

responsibilities, in addition to the

exemptions currently set forth in 5

U.S.C. 7103(a).

* * * * *

3. Section 2421.14 is revised to read

as follows:

§ 2421.14 Appropriate unit.

Appropriate unit means that grouping

of employees found to be appropriate

for purposes of exclusive recognition

under 5 U.S.C. 7111, and for purposes

of allotments to representatives under 5

U.S.C. 7115(c), and consistent with the

provisions of 5 U.S.C. 7112. For the

eight offices listed in 3 U.S.C. 431(d)(2),

in determining whether particular

employees are to be included in an

appropriate unit in a proceeding under

part 2422 of this chapter, the Regional
35884 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules

Director shall exclude employees if it is

determined that such exclusion is

required because of a conflict of interest

or appearance of a conflict of interest or

because of the President’s or Vice

President’s constitutional

responsibilities, in addition to the

standards set out in 5 U.S.C. 7112.

PART 2422—REPRESENTATION

PROCEEDINGS

1. The authority citation for part 2422

is revised to read as follows:

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

2. In § 2422.34, paragraph (b) is

revised to read as follows:

§ 2422.34 Rights and obligations during

the pendency of representation

proceedings.

* * * * *

(b) Unit status of individual

employees. Notwithstanding paragraph

(a) of this section and except as

otherwise prohibited by law, a party

may take action based on its position

regarding the bargaining unit status of

individual employees, pursuant to 3

U.S.C. 431(d)(2), 5 U.S.C. 7103(a)(2),

and 7112(b) and (c): Provided, however,

that its actions may be challenged,

reviewed, and remedied where

appropriate.

PART 2423—UNFAIR LABOR

PRACTICE PROCEEDINGS

1. The authority citation for part 2423

is revised to read as follows:

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

2. In § 2423.41, paragraph (c) is

amended to read as follows:

§ 2423.41 Action by the Authority;

compliance with Authority decisions and

orders.

* * * * *

(c) Authority’s order. Upon finding a

violation, the Authority shall, in

accordance with 5 U.S.C. 7118(a)(7),

issue an order directing the violator, as

appropriate, to cease and desist from

any unfair labor practice, or to take any

other action to effectuate the purposes

of the Federal Service LaborManagement Relations Statute. With

regard to employees covered by 3 U.S.C.

431, upon finding a violation, the

Authority’s order may not include an

order of reinstatement, in accordance

with 3 U.S.C. 431(a).

* * * * *

PART 2470—GENERAL

1. The authority citation for part 2470

is revised to read as follows:

Authority: 3 U.S.C. 431; 5 U.S.C. 7119,

7134.

2. Section 2470.1 is revised to read as

follows:

§ 2470.1 Purpose.

The regulations contained in this

subchapter are intended to implement

the provisions of section 7119 of title 5

and, where applicable, section 431 of

title 3 of the United States Code. They

prescribe procedures and methods

which the Federal Service Impasses

Panel may utilize in the resolution of

negotiation impasses when voluntary

arrangements, including the services of

the Federal Mediation and Conciliation

Service or any other third-party

meditation, fail to resolve the disputes.

It is the policy of the Panel to encourage

labor and management to resolve

disputes on terms that are mutually

agreeable at any stage of the Panel’s

procedures.

3. In § 2470.2, paragraph (a) is revised

to read as follows:

§ 2470.2 Definitions.

(a) The terms agency, labor

organization, and conditions of

employment as used herein shall have

the meaning set forth in 5 U.S.C.

7103(a). When used in connection with

3 U.S.C. 431, the term agency as used

in the Panel’s regulations means an

employing office as defined in 3 U.S.C.

401(a)(4).

* * * * *

PART 2472—IMPASSES ARISING

PURSUANT TO AGENCY

DETERMINATIONS NOT TO

ESTABLISH OR TO TERMINATE

FLEXIBLE OR COMPRESSED WORK

SCHEDULES

1. The authority citation for part 2472

is revised to read as follows:

Authority: 5 U.S.C. 6131.

2. Section 2472.1 is revised to read as

follows:

§ 2472.1 Purpose.

The regulations contained in this part

are intended to implement the

provisions of section 6131 of title 5 of

the United States Code, but are not

applicable to actions covered by section

431 of title 3 of the United States Code.

They prescribe procedures and methods

which the Federal Service Impasses

Panel may utilize in the resolution of

negotiations impasses arising from

agency determinations not to establish

or to terminate flexible and compressed

work schedules.

Dated: June 26, 1998.

Kevin Kopper,

Director, Budget & Finance Division.

[FR Doc. 98–17503 Filed 6–30–98; 8:45 am]

BILLING CODE 6727–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–ANE–29–AD]

Airworthiness Directives; First

Technology Fire and Safety Ltd. Toilet

Compartment Fire Extinguishers

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to First

Technology Fire and Safety Ltd. toilet

compartment fire extinguishers. This

proposal would require inspection of

suspect fire extinguishers for leakage,

and removal from service and

replacement with serviceable parts if

found leaking. This proposal is

prompted by reports of leakage at the

fire extinguisher’s eutectic tip due to a

design change. The actions specified by

the proposed AD are intended to

prevent fire extinguisher failure due to

leakage, which in the event of a toilet

compartment fire could result in an

uncontained fire and damage to the

aircraft.

DATES: Comments must be received by

August 31, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 98–ANE–

29–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be submitted to the Rules

Docket by using the following Internet

address: ‘‘9-adengineprop@faa.dot.gov’’. Comments

may be inspected at this location

between 8:00 a.m. and 4:30 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

Percival Aviation Ltd., The Sidings,

Knowle, Fareham, Hampshire PO17 5LZ

England; telephone 011 44 1329 833814,

fax 011 44 1329 834013. This

information may be examined at the

FAA, New England Region, Office of the

Regional Counsel, 12 New England

Executive Park, Burlington, MA.