Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2509

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par. 9. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 10. Section 602.101 (c) is

amended by adding the following

entries in numerical order to the table

to read as follows:

§ 602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section where identified and described

Current

OMB control number

* * * * *

1.1254–1(c)(3) .......................... 1545–1352

1.1254–5(d)(2) .......................... 1545–1352

* * * * *

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: November 22, 1994.

Leslie B. Samuels,

Assistant Secretary of the Treasury.

[FR Doc. 95–172 Filed 1–9–95; 8:45 am]

BILLING CODE 4830–01–U

FEDERAL MEDIATION AND

CONCILIATION SERVICE

29 CFR Part 1425

Mediation Assistance in the Federal

Sector

AGENCY: Federal Mediation and

Conciliation Service.

ACTION: Final rule.

SUMMARY: This final rule is published in

order to renew Form F–53, Notice to

Federal Mediation and Conciliation

Service.

Pursuant to the Paperwork Reduction

Act (44 U.S.C. Chapter 35), the Federal

Mediation and Conciliation Service

submitted its final rule to the Office of

Management and Budget (OMB) on

November 2, 1994 and received its

approval on November 23, 1994 for the

use of F–53 through November 30, 1997.

EFFECTIVE DATE: February 9, 1995.

FOR FURTHER INFORMATION CONTACT:

Eileen Hoffman, (202) 653–5305.

SUPPLEMENTARY INFORMATION: November

4, 1994, FMCS published a notice of

proposed rulemaking in the Federal

Register (59 FR 55268). This notice was

published in order to extend FMCS

Form F–53, which is used for

notification of contract expirations or

reopener in the Federal service, and to

revise the text of 29 CFR 1425, which

accompanies the illustration of Form F–

53 in the agency’s regulations (29 CFR

1425.2).

Form F–53 is made available to assist

Federal agencies and labor organizations

to obtain FMCS services, as provided for

in the Title 5 U.S.C. Section 7119(a).

The revision of Form F–53 allows

parties to more clearly and accurately

state the service requested and arranges

information in a manner which aids in

entry of data into FMCS computer

records. The revised version of Form F–

53 is shown below in this rule for

purposes of identification.

A summary of information pertaining

to Form F–53 is as follows:

Form number: FMCS F–53, OMB

3076–0005.

Frequency: On occasion.

Respondent: Parties to a Federal

Sector dispute or grievance.

Obligation: Voluntary.

Binder: Approximately 600 responses

per year; approximately 100 reporting

hours per year; approximately 15

minutes per response.

Need and Use: The information is

needed to advise FMCS of Federal

Sector disputes pursuant to 29 CFR Part

1425 paragraph 1425.3. It is used in

order to make assignments of cases to

FMCS mediators.

Comments: No comments were

received on the proposed form as it is

no change from existing form.

Executive Order 12291

This rule is not a ‘‘major rule’’ under

Executive Order 12291 because it is not

likely to result in (1) an annual effect on

the economy of $100 million or more;

(2) a major increase in costs or prices for

consumers, individual industries,

Federal, State or local government

agencies, or geographic regions; or (3) a

significant decline in productivity,

innovation, or the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.

Accordingly, no regulatory impact

analysis is required.

Paperwork Reduction Act Notice

The collection of information in this

rule was submitted to the Office of

Management and Budget under section

3504(h) of the Paperwork Reduction Act

[44 U.S.C. 3501 et seq.]. Comments

regarding any aspect of this information

collection should be submitted to the

Federal Mediation and Conciliation

Service, 2100 K Street, NW.,

Washington, DC 20427, Attention:

Eileen B. Hoffman, and the Office of

Management and Budget, Attention:

Desk Officer for FMCS, OMB room

3001, Washington, DC 20503.

Regulatory Flexibility Act Certification

The FMCS finds that this rule will

have no significant economic impact on

a substantial number of small entities

within the meaning of section 3(a) of the

Regulatory Flexibility Act, Pub. L. 96–

354, 94 Stat. 1164 [5 U.S.C. 605(g)], and

will so certify to the Chief Counsel for

Advocacy of the Small Business

Administration. This conclusion has

been reached because the proposed rule

does not, in itself, impose any

additional economic requirements upon

small entities. Accordingly, no

regulatory flexibility analysis is

required.

List of Subjects in 29 CFR Part 1425

Administrative practice and

procedure, collective bargaining, Labormanagement relations.

Dated: December 14, 1994.

John Calhoun Wells,

Director, FMCS.

Accordingly, 29 CFR Part 1425 is

amended as follows:

PART 1425—MEDIATION ASSISTANCE

IN THE FEDERAL SERVICE

1. The authority citation for 29 CFR

Part 1425 is revised to read as follows:

Authority: 5 U.S.C. 581(8), 7119, 7134.

2. Section 1425.2 is revised to read as

follows:

§ 1425.2 Notice to the Service of

agreement negotiations.

(a) In order that the Service may

provide assistance to the parties, the

party initiating negotiations shall file a

notice with the FMCS Notice Processing

Unit, 2100 K Street, N.W., Washington,

D.C. 20427, at least 30 days prior to the

expiration or modification date of an

existing agreement, or 30 days prior to

the reopener date of an existing

agreement. In the case of an initial

agreement the notice shall be filed

within 30 days after commencing

negotiations.

(b) Parties engaging in mid-term or

impact and/or implementation

bargaining are encouraged to send a

notice to FMCS if assistance is desired.

Such notice may be sent by either party

or may be submitted jointly. In regard to

such notices a brief listing should be

general in nature e.g., smoking policies,

or Alternative Work Schedules (AWS).

(c) Parties requesting grievance

mediation must send a request signed

by both the union and the agency

involved. Receipt of such request does
2510 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

not commit FMCS to provide its

services. FMCS has the discretion to

determine whether or not to perform

grievance mediation, as such service

may not be appropriate in all cases.

(d) The guidelines for FMCS

grievance mediation are:

(1) The parties shall submit a joint

request, signed by both parties

requesting FMCS assistance. The parties

agree that grievance mediation is a

supplement to, and not a substitute for,

the steps of the contractual grievance

procedure.

(2) The grievant is entitled to be

present at the grievance mediation

conference.

(3) Any times limits in the parties

labor agreement must be waived to

permit the grievance to proceed to

arbitration should mediation be

unsuccessful.

(4) Proceedings before the mediator

will be informal and rules of evidence

do not apply. No record, stenographic or

tape recordings of the meetings will be

made. The mediators notes are

confidential and content shall not be

revealed.

(5) The mediator shall conduct the

mediation conference utilizing all of the

customary techniques associated with

mediation including the use of separate

caucuses.

(6) The mediator had no authority to

compel resolution of the grievance.

(7) In the event that no settlement is

reached during the mediation

conference, the mediator may provide

the parties either in separate or joint

session with an oral advisory opinion.

(8) If either party does not accept an

advisory opinion, the matter may then

proceed to arbitration in the manner

form provided in their collective

bargaining agreement. Such arbitration

hearings will be held as if the grievance

mediation effort had not taken place.

Nothing said or done by the parties or

the mediator during the grievance

mediation session can be used during

arbitration proceedings.

(9) When the parties choose the FMCS

grievance mediation procedure, they

have agreed to abide by these guidelines

established by FMCS, and it is

understood that the parties and the

grievant shall hold FMCS and the

mediator appointed by the Service to

conduct the mediation conference

harmless of any claim of damages

arising from the mediation process.

BILLING CODE 6732–01–M
Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2511

BILLING CODE 6732–01–C
2512 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

Instructions

Complete this form, please follow

these instructions.

In item # 1. Check the block and give

the date if this is for an existing

agreement or reopener. The FLRA

Certification number should be

provided if available. If not known,

please leave this item blank. Absence of

this number will not impede processing

of the Form.

In item #2. If other assistance in

bargaining is requested please specify:

e.g.; impact and implementation

bargaining (I&I) and/or mid-term

bargaining and provide a brief listing of

issues, e.g. Smoking, Alternative Work

Schedules (AWS), ground rules, office

moves, or if desired, add attached list.

This is only if such issues are known at

time of filing.

In item #3. Please specify the issues to

be considered for grievance mediation.

Please refer to FMCS guidelines for

processing these requests. Please make

certain that both parties sign this

request!

In item #4. List the name of the

agency, as follows: The Department, and

the subdivision or component. For

example: U.S. Dept. of Labor, BLS, or

U.S. Dept. of Army, Aberdeen Proving

Ground, or Illinois National Guard,

Springfield Chapter. If an independent

agency is involved, list the agency, e.g.

Federal Deposit Insurance Corp. (FDIC)

and any subdivision or component, if

appropriate.

In item #5. List the name of the union

and its subdivision or component as

follows: e.g. Federal Employees Union,

Local 23 or Government Workers Union,

Western Joint Council.

In item #6. Provide the area where the

negotiation or mediation will most

likely take place, with zip code, e.g.,

Washington, D.C. 20427. The zip code is

important because our cases are routed

by computer through zip code, and

mediators are assigned on that basis.

In item #7. Only the approximate

number of employees in the bargaining

unit and establishment are requested.

The establishment is the entity referred

to in item 4 as name of subdivision or

component, if any.

In item #8. The filing need only be

sent by one party unless it is a request

for grievance mediation. (See item 9.)

In item #9. Please give the title of the

official, phone number, address, and zip

code.

In item #10. Both labor and

management signatures are required for

grievance mediation requests.

Notice

Send original to F.M.C.S.

Send one copy to opposite party.

Retain one copy for party filing

notice.

[FR Doc. 95–472 Filed 1–9–95; 8:45 am]

BILLING CODE 6732–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule, approval of

amendment.

SUMMARY: OSM is approving, with

additional requirements, a proposed

amendment to the Oklahoma regulatory

program (hereinafter referred to as the

‘‘Oklahoma program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Oklahoma proposed to amend its

program by revising its Bond Release

Guidelines that include revegetation

success standards and statistically valid

sampling techniques, and guidelines for

phase I, II, and III bond release.

Oklahoma proposed revisions

pertaining to ground cover;

requirements for permanent

impoundments, ponds, diversions, and

treatment facilities; calculations for a

technical success standard for

productivity; criteria regarding the

selection of test plots for demonstrating

success of productivity on prime

farmland cropland; the definition of

‘‘initial establishment of permanent

vegetative cover;’’ the repair of rills and

gullies as a normal husbandry practice;

a technical document reference; and the

correction of certain typographical

errors. The amendment is intended to

revise the Oklahoma program to be

consistent with the corresponding

Federal regulations.

EFFECTIVE DATE: January 10, 1995.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Telephone: (918)

581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. General background

information on the Oklahoma program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Oklahoma

program can be found in the January 19,

1981, Federal Register (46 FR 4902).

Subsequent actions concerning

Oklahoma’s program and program

amendments can be found at 30 CFR

936.15, 936.16, and 936.30.

II. Submission of Amendment

On February 17, 1994, Oklahoma

submitted a proposed amendment to its

program pursuant to SMCRA

(administrative record No. OK–959.01).

Oklahoma submitted the proposed

amendment with the intent of revising

the State program to be consistent with

the corresponding Federal standards.

Oklahoma submitted the proposed

amendment, in part, in response to

required program amendments at 30

CFR 936.16 (a) through (i) and, in part,

at its own initiative.

Oklahoma proposed to amend the

Bond Release Guidelines that are

referenced in Oklahoma Administrative

Code (OAC) 460:20–43–46(a)(1) and

460:20–45–46(a)(1). Specifically,

Oklahoma proposed to revise the Bond

Release Guidelines at subsection I.E.3.b

to require ground cover sufficient to

control erosion for approved

commercial or industrial land uses;

subsection I.F.3.d to require, on areas

previously disturbed by mining, that

ground cover be at least 70 percent and

sufficient to control erosion; subsection

I.F.5.b to require that water discharged

from permanent impoundments, ponds,

diversions, and treatment facilities shall

meet water quality effluent limitations;

subsections II.B.2.d and III.B.2.d to

reference Appendix O for the method

for calculating a technical success

standard for productivity on,

respectively, pastureland and grazing

land; subsection V.B.2.c to reference

Appendix P for the method for

calculating a technical success standard

for productivity of row crops on prime

farmland cropland; subsection V.B.2.d

to add criteria regarding the selection of

test plots for demonstrating success of

productivity on prime farmland

cropland; subsection V.B.2.e to

reference Appendix O for the method

for calculating a technical success

standard for productivity of grain or hay

crops on prime farmland cropland;

subsection VI.B.2.e to reference

Appendices P and Q for the methods for

calculating technical success standards

for productivity of, respectively, row

crops and grain or hay crops on

nonprime farmland cropland; Appendix

A to add the definition of ‘‘initial

establishment of permanent vegetative

cover;’’ Appendices J and P to correct

typographical errors; and Appendix V,

to add a technical document reference.