28798 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

Authority, the Office of Administrative

Law Judges, the General Counsel, and

the Regional Offices and the service of

documents on other parties.

Dated: May 31, 1996.

For the FLRA.

James H. Adams,

Acting Director, Case Control Office.

[FR Doc. 96–14099 Filed 6–5–96; 8:45 am]

BILLING CODE 6727–01–P

5 CFR Parts 2470, 2471, 2472, and 2473

Federal Service Impasses Panel;

General; Procedures of the Panel;

Impasses Arising Pursuant to Agency

Determinations Not to Establish or to

Terminate Flexible or Compressed

Work Schedules; Miscellaneous

Requirements

AGENCY: Federal Service Impasses

Panel, FLRA.

ACTION: Notice of proposed rulemaking

with request for comments.

SUMMARY: The Federal Service Impasses

Panel proposes to revise its regulations

to take advantage of existing technology

and to make them more easily

understood by agencies, labor

organizations, and individuals. The

proposed revisions will allow parties to

file requests for Panel assistance, and

other documents, by facsimile

transmission and will generally

reorganize and modify those portions of

the rules pertaining to filing and service.

A proposed new section will establish

procedures by which a party to a Panel

proceeding may seek to obtain a

subpena. These proposed revisions will

make the regulations clearer and more

user-friendly and will provide quicker

access to the Panel’s procedures. By

separate notice published today, the

Federal Labor Relations Authority is

providing interested persons with the

opportunity to submit written

comments concerning, among other

things, contemplated revisions to the

FLRA’s regulations to permit the filing

and/or service of documents by

facsimile transmissions.

DATES: Written comments in response to

this notice will be considered if

received by close of business on July 8,

1996. Extensions of time will not be

granted.

ADDRESSES: Mail or deliver written

comments to the Federal Service

Impasses Panel, 607 14th Street, NW.,

Suite 220, Washington, D.C. 20424–

0001. Copies of all written comments

will be available for inspection and

photocopying between 8 a.m. and 5

p.m., Monday through Friday, at the

above address.

FOR FURTHER INFORMATION CONTACT:

Linda A. Lafferty, Executive Director,

Federal Service Impasses Panel, 607

14th Street, NW., Suite 220,

Washington, D.C. 20424–0001.

Telephone (202) 482–6670.

SUPPLEMENTARY INFORMATION: The

Federal Service Impasses Panel

established an internal work group to

study and evaluate its regulations. The

following section-by-section analysis

reflects proposed revisions to Parts

2470—General; Part 2471—Procedures

of the Panel; and Part 2472—Impasses

Arising Pursuant to Agency

Determinations Not to Establish or to

Terminate Flexible or Compressed Work

Schedules. Following this analysis, an

explanation of proposed Part 2473—

Miscellaneous Requirements, which

contains a new section on subpenas, is

provided.

Part 2470

Section 2470.1

A new last sentence has been added

to reflect the Panel’s longstanding

policy of encouraging parties to resolve

disputes on terms that are mutually

agreeable without the need for Panel

action.

Part 2471

Section 2471.2

A form is available for use in filing a

request for assistance with the Panel,

but its use is not required, provided that

the request includes all of the

information set forth in § 2471.3. This

provides a filing party with the choice

of using the prepared form or submitting

the required information in some other

format. The Panel’s address and phone

number are updated to reflect its current

office location.

Section 2471.3

Requiring the filing party to provide

the addresses, phone numbers, and

facsimile numbers of the parties to a

dispute will facilitate communication

between the Panel and parties and will

result in enhanced customer service.

The revision in paragraph (b)(4) reflects

developments in FLRA case law, set

forth in Commander, Carswell Air Force

Base, Texas and American Federation of

Government Employees, Local 1364, 31

FLRA 620 (1988), which allows the

Panel to resolve duty-to-bargain

questions under certain circumstances.

Section 2471.4

The Panel’s address and phone

number are updated to reflect its current

office location. The Panel’s facsimile

number is provided consistent with the

changes described in § 2471.5 which

allow filing of requests for assistance,

and other documents, by this method.

Section 2471.5

The Panel recognizes that the use of

facsimile systems have become more

prevalent in both the private and public

sectors and that private delivery

services are commonly used as an

alternative to the United States Postal

Service. After careful consideration, it

has been determined that allowing the

limited use of these methods of

communication will provide parties

with quicker access to the Panel’s

services.

Paragraph (a) establishes the

requirements for filing and service of

requests for Panel assistance and

requests for approval of a binding

arbitration procedure. Paragraph (a)(1)

allows a filing party to submit a request

by a variety of methods, including

facsimile transmission and private

delivery service. A party filing a request

by facsimile transmission must submit

an original for the Panel’s records, but

failure to do so shall not affect the

validity of the filing, if otherwise

proper. Paragraph (a)(2), which

establishes service requirements,

provides the same variety of methods as

paragraph (a)(1), except that the filing

party may use facsimile transmission

only with the permission of the person

receiving the request.

Paragraph (b) establishes the

requirements for filing and service of

documents other than requests for

assistance. Paragraphs (b)(1) and (b)(2)

provide for filing and service of

documents with the Panel by the same

methods established in paragraph (a)(1)

and (a)(2) except that advance

permission is required before a

document other than a request may be

filed with the Panel by facsimile

transmission.

Paragraph (d) establishes a method for

determining the date of service for

documents served by private delivery

service or by facsimile transmission.

Paragraph (e) establishes a revised

format for documents filed with the

Panel; it also states affirmatively that

nonconforming documents may, at the

Panel’s discretion, be rejected.

Section 2471.6

Paragraph (a)(2) establishes that when

the Panel asserts jurisdiction, it may

recommend procedures for impasse

resolution and/or directly assist the

parties through whatever methods the

Panel considers appropriate. The most

common procedures used by the Panel

are now listed.
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 28799

Paragraph (b) provides a streamlined

approach for handling requests for

approval of a binding arbitration

procedure. All requests filed under this

section will now be approved or

disapproved normally within 5

workdays.

Section 2471.7

The amended wording clarifies that a

notice of hearing is issued to the parties

only when the Panel appoints one or

more of its designees to conduct a

factfinding hearing. Such a notice will

not be issued when a hearing is

conducted by a private factfinder.

Section 2471.8

The heading is changed slightly to

clarify that the provisions of the section

apply to factfinding, and other,

hearings.

Section 2471.9

Since the reports and

recommendations referred to in

§ 2471.7, 2471.8, and 2471.9 are issued

following a factfinding hearing, the first

sentence of paragraph (a) is amended

accordingly.

Part 2472

Section 2472.2

Former paragraphs (d) through (n) are

renumbered to become new paragraphs

(e) through (o). A new paragraph (d) is

added which defines ‘‘duly authorized

delegatee’’ as ‘‘an official who has been

delegated the authority to act for the

head of the agency in the matter

concerned.’’ Since the amended

wording of § 2472.4(a)(6) includes this

term, its definition is provided in this

section for clarity.

New paragraph (j) is amended by

eliminating the words ‘‘arbitration

hearing’’ from the definition of the term

‘‘hearing.’’ Under 5 U.S.C. 6131, only

the Panel, acting as a body, is

authorized to decide impasses arising

from an agency determination not to

establish, or to terminate, a flexible or

compressed work schedule. Since

arbitration is inconsistent with this

statutory requirement, it is not an

available procedural option. The

reference, therefore, is deleted.

Section 2472.3

A form is available for use in filing a

request for assistance with the Panel in

cases arising under the Federal

Employees Flexible and Compressed

Work Schedules Act, but its use is not

required, provided that the request

includes all of the information set forth

in § 2472.4. This provides a filing party

with the choice of using the prepared

form or submitting the required

information in some other format. The

Panel’s address and phone number are

updated to reflect its current office

location.

Section 2472.4

Consistent with the changes to

§ 2471.3, paragraph (a)(1) requires the

filing party to provide the addresses,

phone numbers, and facsimile numbers

of the parties to a dispute.

The amendment to paragraph (a)(6)

reflects the fact that in considering

impasses under 5 U.S.C. 6131, the Panel

is charged with deciding whether an

agency-head finding, that a flexible or

compressed work schedule has had, or

would have, adverse agency impact, is

supported by evidence. This

amendment requires the filing party to

submit the finding as part of the initial

request. In addition, although 5 U.S.C.

6131 identifies ‘‘the head of an agency’’

as the individual responsible for making

the finding, it is the Panel’s experience

that in most cases, the finding is

actually made by some other individual.

This being the case, evidence of a

specific delegation of authority is

required in order to comply with the

terms of 5 U.S.C. 6131.

Section 2472.5

These changes are consistent with

those set forth in § 2471.4. The Panel’s

address and phone number are updated

to reflect its current office location. The

Panel’s facsimile number is provided

consistent with the changes described in

new § 2472.6 which allow filing of

requests, and other documents, by this

method.

Section 2472.6

This section is eliminated because

many parties were confused as to their

obligations under it. Since new § 2472.7

provides for investigation of requests

filed under this part, this section is

unnecessary. Former § 2472.7 through

2472.12 are renumbered to become

§ 2472.6 through 2472.11, respectively.

New § 2472.6 (a) and (b) establish the

same methods of filing and completing

service as described in § 2471.5 (a) and

(b) except that no reference is made to

service upon a mediation service, since

under this part, mediation is not a

prerequisite to seeking Panel assistance.

Consistent with the amendments to

§ 2471.5, paragraph (d) establishes a

method for determining the date of

service for documents served by private

delivery service or by facsimile

transmission, and paragraph (e)

establishes a revised format for

documents filed with the Panel.

Paragraph (f) is revised to clarify that a

request filed under this part must be

perfected before any Panel action will

be taken.

Section 2472.7

Paragraph (b) is revised to set forth a

more expansive list of procedures that

are used by the Panel when considering

impasses filed under this part.

Section 2472.8

Consistent with the amended wording

of § 2471.7, this section clarifies that a

notice of hearing is issued to the parties

only when the Panel appoints one or

more of its designees to conduct a

factfinding hearing. Such a notice will

not be issued when a hearing is

conducted by a private factfinder.

Section 2472.10

This section is modified to reflect the

fact that reports are issued after

factfinding hearings and not after

informal conferences. This being the

case, the reference to informal

conferences is deleted.

Section 2472.11

Paragraph (b) is modified to clarify

that if the finding on which an agency

determination under 5 U.S.C. 6131(c)(2)

or (c)(3) is based is not supported by

evidence that the schedule is likely to

cause, or has caused, an adverse agency

impact, the Panel shall take whatever

action is appropriate. This revision

clarifies that the Panel has broad

discretion in resolving impasses, as

described in 5 U.S.C. 7119.

Part 2473

Section 2473.1

This section is added to establish a

procedure whereby a party may seek to

obtain a subpena requiring the

attendance and testimony of witnesses

at a hearing and the production of

documentary or other evidence.

Paragraph (a) identifies those

individuals who may issue a subpena.

Paragraph (b) describes the

circumstances where no subpena is

necessary. Paragraph (c) establishes the

method and time limits for submitting a

request to the Executive Director or

appropriate presiding official during a

hearing. Paragraph (d) prescribes the

contents of the request; sets forth a

standard for the granting, or denying, of

a request; and establishes service

requirements. Paragraph (e) provides a

process for challenging a subpena

through a petition to revoke. Paragraph

(f) deals with enforcement of a subpena,

and paragraph (g) establishes additional

filing and service requirements.

Paragraph (h) provides for witness fees

and expenses.
28800 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

List of Subjects

5 CFR Part 2470

Government employees, Labormanagement relations.

5 CFR Parts 2471, 2472, and 2473

Administrative practice and

procedure, Government employees,

Labor-management relations.

For the reasons set forth in the

preamble, the Federal Service Impasses

Panel proposes to amend 5 CFR Ch.

XIV, Parts 2470, 2471, and 2472, and

add 5 CFR Ch. XIV, Part 2473, as

follows:

PART 2470—GENERAL

1. The authority citation for Part 2470

continues to read as follows:

Authority: 5 U.S.C. 7119, 7134.

2. In § 2470.1, a new last sentence is

added to read as follows:

§ 2470.1 Purpose.

* * * 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.

PART 2471—PROCEDURES OF THE

PANEL

3. The authority citation for Part 2471

continues to read as follows:

Authority: 5 U.S.C. 7119, 7134.

4. Section 2471.2 is revised to read as

follows:

§ 2471.2 Request form.

A form is available for use by the

parties in filing a request for

consideration of an impasse or approval

of a binding arbitration procedure.

Copies are available from the Office of

the Executive Director, Federal Service

Impasses Panel, 607 14th Street, NW.,

Suite 220, Washington, D.C. 20424–

0001. Telephone (202) 482–6670. Use of

the form is not required provided that

the request includes all of the

information set forth in § 2471.3.

5. Section 2471.3 is amended by

revising paragraphs (a)(1), (b)(1), and

(b)(4) to read as follows:

§ 2471.3 Content of request.

(a) * * *

(1) Identification of the parties and

individuals authorized to act on their

behalf, including their addresses,

telephone numbers, and facsimile

numbers;

* * * * *

(b) * * *

(1) Identification of the parties and

individuals authorized to act on their

behalf, including their addresses,

telephone numbers, and facsimile

numbers;

* * * * *

(4) Statement as to whether any of the

proposals to be submitted to the

arbitrator contain questions concerning

the duty to bargain and a statement of

each party’s position concerning such

questions; and

* * * * *

6. Section 2471.4 is revised to read as

follows:

§ 2471.4 Where to file.

Requests to the Panel provided for in

this part, and inquiries or

correspondence on the status of

impasses or other related matters,

should be addressed to the Executive

Director, Federal Service Impasses

Panel, 607 14th Street, NW., Suite 220,

Washington, D.C. 20424–0001.

Telephone (202) 482–6670. Facsimile

(202) 482–6674.

7. Section 2471.5 is amended by

revising the section heading and

paragraphs (a), (b), (d), and (e) to read

as follows:

§ 2471.5 Filing and service.

(a) Filing and service of request. (1)

Any party submitting a request for Panel

consideration of an impasse or a request

for approval of a binding arbitration

procedure shall file an original and one

copy with the Panel. A clean copy may

be submitted for the original. Requests

may be submitted in person or by

registered mail, certified mail, regular

mail, or private delivery service.

Requests may also be accepted by the

Panel if transmitted to the facsimile

machine of its office. A party submitting

a request by facsimile shall also file an

original for the Panel’s records, but

failure to do so shall not affect the

validity of the filing by facsimile, if

otherwise proper.

(2) The party submitting the request

shall serve a copy of such request upon

all counsel of record or other designated

representative(s) of parties, upon parties

not so represented, and upon any

mediation service which may have been

utilized. Service upon such counsel or

representative shall constitute service

upon the party, but a copy also shall be

transmitted to the party. Service of a

request may be made in person or by

registered mail, certified mail, regular

mail, or private delivery service. With

the permission of the person receiving

the request, service may be made by

facsimile transmission or by any other

agreed-upon method. When the Panel

acts on a request from the Federal

Mediation and Conciliation Service or

acts on a request from the Executive

Director under § 2471.1(a), it will notify

the parties to the dispute, their counsel

of record, if any, and any mediation

service which may have been utilized.

(b) Filing and service of other

documents. (1) Any party submitting a

response to, or other document in

connection with, a request for Panel

consideration of an impasse or a request

for approval of a binding arbitration

procedure shall file an original and one

copy with the Panel. A clean copy may

be submitted for the original.

Documents may be submitted to the

Panel in person or by registered mail,

certified mail, regular mail, or private

delivery service. Documents may also be

accepted by the Panel if transmitted to

the facsimile machine of its office, but

only with advance permission, which

may be obtained by telephone. A party

submitting a document by facsimile

shall also file an original for the Panel’s

records, but failure to do so shall not

affect the validity of the submission, if

otherwise proper.

(2) The party submitting the

document shall serve a copy of such

request upon all counsel of record or

other designated representative(s) of

parties, or upon parties not so

represented. Service upon such counsel

or representative shall constitute service

upon the party, but a copy also shall be

transmitted to the party. Service of a

document may be made in person or by

registered mail, certified mail, regular

mail, or private delivery service. With

the permission of the person receiving

the document, service may be made by

facsimile transmission or by any other

agreed-upon method.

* * * * *

(d) The date of service or date served

shall be the day when the matter served,

if properly addressed, is deposited in

the U.S. mail or is delivered in person

or is deposited with a private delivery

service that will provide a record

showing the date the document was

tendered to the delivery service. Where

service is made by facsimile

transmission, the date of service shall be

the date on which transmission is

received.

(e) Unless otherwise provided by the

Panel or its designated representatives,

any document or paper filed with the

Panel under this section, together with

any enclosure filed therewith, shall be

typewritten on 81⁄2 x 11 inch plain

white paper, shall have margins no less

than 1 inch on each side, shall be in

typeface no smaller than 10 characters

per inch, and shall be numbered

consecutively. Nonconforming papers

may, at the Panel’s discretion, be

rejected.
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 28801

8. Section 2471.6 is amended by

revising the section heading and

paragraphs (a)(2) and (b) to read as

follows:

§ 2471.6 Investigation of request; Panel

procedures; approval of binding arbitration.

(a) * * *

(1) * * *

(2) Assert jurisdiction and—

(i) Recommend to the parties

procedures for the resolution of the

impasse; and/or

(ii) Assist the parties in resolving the

impasse through whatever methods and

procedures the Panel considers

appropriate. The procedures utilized by

the Panel may include, but are not

limited to: informal conferences with a

Panel designee; factfinding (by a Panel

designee or a private factfinder); written

submissions; show cause orders; oral

presentations to the Panel; and

arbitration or mediation-arbitration (by a

Panel designee or a private arbitrator).

Following procedures used by the

Panel, it may issue a report to the

parties containing recommendations for

settlement.

(b) Upon receipt of a request for

approval of a binding arbitration

procedure, the Panel or its designee will

promptly conduct an investigation,

consulting when necessary with the

parties and with any mediation service

utilized. After due consideration, the

Panel shall promptly approve or

disapprove the request, normally within

five (5) workdays.

9. The section heading and the first

sentence of § 2471.7 are revised and

paragraphs (b) (1) through (6) are

redesignated as (a) through (b),

respectively. The revisions read as

follows:

§ 2471.7 Preliminary factfinding

procedures.

When the Panel determines that a

factfinding hearing is necessary under

§ 2471.6, and it appoints one or more of

its designees to conduct such hearing, it

will issue and serve upon each of the

parties a notice of hearing and a notice

of prehearing conference, if any.

* * * * *

10. The section heading of § 2471.8 is

revised to read as follows:

§ 2471.8 Conduct of factfinding and other

hearings; prehearing conferences.

* * * * *

11. Section 2471.9 is amended by

revising paragraph (a) to read as follows:

§ 2471.9 Report and recommendations.

(a) When a report is issued after a

factfinding hearing is conducted

pursuant to §§ 2471.7 and 2471.8, it

normally shall be in writing and, when

authorized by the Panel, shall contain

recommendations.

* * * * *

PART 2472—IMPASSES ARISING

PURSUANT TO AGENCY

DETERMINATIONS NOT TO

ESTABLISH OR TO TERMINATE

FLEXIBLE OR COMPRESSED WORK

SCHEDULES

12. The authority citation for Part

2472 is revised to read as follows:

Authority: 5 U.S.C. 6131.

13. In § 2472.2, paragraphs (d)

through (n) are redesignated as

paragraphs (e) through (o), new

paragraph (d) is added, and paragraph

(j) is revised to read as follows:

§ 2472.2 Definitions.

* * * * *

(d) The term ‘‘duly authorized

delegatee’’ means an official who has

been delegated the authority to act for

the head of the agency in the matter

concerned.

* * * * *

(j) The term ‘‘hearing’’ means a

factfinding hearing or any other hearing

procedures deemed necessary to

accomplish the purpose of 5 U.S.C.

6131.

* * * * *

14. Section 2472.3 is revised to read

as follows:

§ 2472.3 Request for Panel consideration.

Either party, or the parties jointly,

may request the Panel to resolve an

impasse resulting from an agency

determination not to establish or to

terminate a flexible or compressed work

schedule by filing a request as

hereinafter provided. A form is available

for use by the parties in filing a request

with the Panel. Copies are available

from the Office of the Executive

Director, Federal Service Impasses

Panel, 607 14th Street, NW., Suite 220,

Washington, D.C. 20424–0001.

Telephone (202) 482–6670. Use of the

form is not required provided that the

request includes all of the information

set forth in § 2472.4.

15. Section 2472.4 is amended by

revising paragraphs (a)(1) and (a)(6) to

read as follows:

§ 2472.4 Content of request.

(a) * * *

(1) Identification of the parties and

individuals authorized to act on their

behalf, including their addresses,

telephone numbers, and facsimile

numbers;

* * * * *

(6) A copy of the agency’s written

determination and the finding on which

the determination is based, including, in

a case where the finding is made by a

duly authorized delegatee, evidence of a

specific delegation of authority to make

such a finding; and

* * * * *

16. Section 2472.5 is revised to read

as follows:

§ 2472.5 Where to file.

Requests to the Panel provided for in

these rules, and inquiries or

correspondence on the status of

impasses or other related matters,

should be directed to the Executive

Director, Federal Service Impasses

Panel, 607 14th Street, NW., Suite 220,

Washington, D.C. 20424–0001.

Telephone (202) 482–6670. Facsimile

(202) 482–6674.

17. Section 2472.6 is removed and

§ 2472.7 through 2472.12 are

redesignated as § 2472.6 through

2472.11, respectively.

18. Newly designated § 2472.6 is

amended by revising the section

heading and paragraphs (a), (b), (d), (e),

and (f) to read as follows:

§ 2472.6 Filing and service.

(a) Filing and service of request. (1)

Any party submitting a request for Panel

consideration of an impasse filed

pursuant to § 2472.3 shall file an

original and one copy with the Panel. A

clean copy may be submitted for the

original. Requests may be submitted in

person or by registered mail, certified

mail, regular mail, or private delivery

service. Requests will also be accepted

by the Panel if transmitted to the

facsimile machine of its office. A party

submitting a request by facsimile shall

also file an original for the Panel’s

records, but failure to do so shall not

affect the validity of the filing by

facsimile, if otherwise proper.

(2) The party submitting the request

shall serve a copy of such request upon

all counsel of record or other designated

representative(s) of parties, and upon

parties not so represented. Service upon

such counsel or representative shall

constitute service upon the party, but a

copy also shall be transmitted to the

party. Service of a request may be made

in person or by registered mail, certified

mail, regular mail, or private delivery

service. With the permission of the

person receiving the request, service

may be made by facsimile transmission

or by any other agreed-upon method.

(b) Filing and service of other

documents. (1) Any party submitting a

response to, or other document in

connection with, a request for Panel

consideration of an impasse filed

pursuant to § 2472.3 shall file an

original and one copy with the Panel. A
28802 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

clean copy may be submitted for the

original. Documents may be submitted

to the Panel in person or by registered

mail, certified mail, regular mail, or

private delivery service. Documents

may also be accepted by the Panel if

transmitted to the facsimile machine of

its office, but only with advance

permission, which may be obtained by

telephone. A party submitting a

document by facsimile shall also file an

original for the Panel’s records, but

failure to do so shall not affect the

validity of the submission, if otherwise

proper.

(2) The party submitting the

document shall serve a copy of such

request upon all counsel of record or

other designated representative(s) of

parties, or upon parties not so

represented. Service upon such counsel

or representative shall constitute service

upon the party, but a copy also shall be

transmitted to the party. Service of a

document may be made in person or by

registered mail, certified mail, regular

mail, or private delivery service. With

the permission of the person receiving

the document, service may be made by

facsimile transmission or by any other

agreed-upon method.

* * * * *

(d) The date of service or date served

shall be the day when the matter served,

if properly addressed, is deposited in

the U.S. mail, is delivered in person, or

is deposited with a private delivery

service that will provide a record

showing the date the document was

tendered to the delivery service. Where

service is made by facsimile

transmission, the date of service shall be

the date on which transmission is

received.

(e) Unless otherwise provided by the

Panel or its designated representatives,

any document or paper filed with the

Panel under this part, together with any

enclosure filed therewith, shall be

typewritten on 81⁄2×11 inch plain white

paper, shall have margins no less than

1 inch on each side, shall be in typeface

no smaller than 10 characters per inch,

and shall be numbered consecutively.

Nonconforming papers may, at the

Panel’s discretion, be rejected.

(f) An impasse arising pursuant to

section 6131(c) (2) or (3) of the Act will

not be considered to be filed, and no

Panel action will be taken, until the

party initiating the request has complied

with §§ 2472.4, 2472.5, of this section.

19. Newly designated § 2472.7 is

amended by revising paragraph (b) to

read as follows:

§ 2472.7 Investigation of request; Panel

assistance.

* * * * *

(b) The procedures utilized by the

Panel shall afford the parties an

opportunity to present their positions,

including supporting evidence and

arguments orally and/or in writing.

They include, but are not limited to:

informal conferences with a Panel

designee; factfinding (by a Panel

designee or a private factfinder); written

submissions; show cause orders; and

oral presentations to the Panel.

20. Newly designated § 2472.8 is

revised to read as follows:

§ 2472.8 Preliminary hearing procedures.

When the Panel determines that a

hearing shall be held, and it appoints

one or more of its designees to conduct

such a hearing, it will issue and serve

upon each of the parties a notice of

hearing and a notice of prehearing

conference, if any. The notice will state:

(a) The names of the parties to the

dispute;

(b) The date, time, place, type, and

purpose of the hearing;

(c) The date, time, place, and purpose

of the prehearing conference, if any;

(d) The name of the designated

representative(s) appointed by the

Panel;

(e) The issue(s) to be resolved; and

(f) The method, if any, by which the

hearing shall be transcribed.

21. Newly designated § 2472.10 is

revised to read as follows:

§ 2472.10 Reports.

When a report is issued after a hearing

conducted pursuant to § 2472.8 and

2472.9, it normally shall be in writing

and shall be submitted to the Panel,

with a copy to each party, within a

period normally not to exceed 30

calendar days after the close of the

hearing and receipt of briefs, if any.

22. In newly designated § 2472.11, the

introductory text of paragraph (a) and

paragraph (b) are revised to read as

follows:

§ 2472.11 Final action by the Panel.

(a) After due consideration of the

parties’ positions, evidence, and

arguments, including any report

submitted in accordance with § 2472.10,

the Panel shall take final action in favor

of the agency’s determination if:

* * * * *

(b) If the finding on which an agency

determination under 5 U.S.C. 6131(c)(2)

or (c)(3) is based is not supported by

evidence that the schedule is likely to

cause or has caused an adverse agency

impact, the Panel shall take whatever

final action is appropriate.

* * * * *

PART 2473—MISCELLANEOUS

REQUIREMENTS

23. Part 2473 is added to read as

follows:

Sec.

2473.1 Subpenas.

Authority: 5 U.S.C. 7119, 7134.

§ 2473.1 Subpenas.

(a) Any member of the Panel, the

Executive Director, or other person

designated by the Panel, may issue

subpenas requiring the attendance and

testimony of witnesses and the

production of documentary or other

evidence. However, no subpena shall be

issued under this section which requires

the disclosure of intramanagement

guidance, advice, counsel, or training

within an agency or between an agency

and the Office of Personnel

Management.

(b) Where the parties are in agreement

that the appearance of witnesses or the

production of documents is necessary,

and such witnesses agree to appear, no

such subpena need be sought.

(c) A request for a subpena by any

person, as defined in 5 U.S.C.

7103(a)(1), shall be in writing and filed

with the Executive Director, not less

than fifteen (15) days prior to the

opening of a hearing, or with the

appropriate presiding official(s) during

the hearing.

(d) All requests shall name and

identify the witnesses or documents

sought, and state the reasons therefor.

The Panel, Executive Director, or any

other person designated by the Panel, as

appropriate, shall grant the request

upon the determination that the

testimony or documents appear to be

necessary to the matters under

consideration and the request describes

with sufficient particularity the

documents sought. Service of an

approved subpoena is the responsibility

of the party on whose behalf the

subpoena was issued. The subpoena

shall show on its face the name and

address of the party on whose behalf the

subpoena was issued.

(e) Any person served with a

subpoena who does not intend to

comply shall within (5) days after the

date of service of the subpoena upon

such person, petition in writing to

revoke the subpoena. A copy of any

petition to revoke a subpoena shall be

served on the party on whose behalf the

subpoena was issued. Such petition to

revoke, if made prior to the hearing, and

a written statement of service, shall be

filed with the Executive Director. A

petition to revoke a subpoena filed

during the hearing, and a written

statement of service shall be filed with
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 28803

the appropriate presiding official(s). The

Executive Director, or the appropriate

presiding official(s) will, as a matter of

course, cause a copy of the petition to

revoke to be served on the party on

whose behalf the subpoena was issued,

but shall not be deemed to assume

responsibility for such service. The

Panel, Executive Director, or any other

person designated by the Panel, as

appropriate, shall revoke the subpoena

if the evidence the production of which

is required does not relate to any matter

under consideration in the proceedings,

or the subpoena does not describe with

sufficient particularity the evidence the

production of which is required, or if for

any other reason sufficient in law the

subpoena is invalid. The Panel,

Executive Director, or any other person

designated by the Panel, as appropriate,

shall make a simple statement of

procedural or other ground for the

ruling on the petition to revoke. The

petition to revoke, any answer thereto,

and any ruling thereon shall not become

part of the official record except upon

the request of the party aggrieved by the

ruling.

(f) Upon the failure of any person to

comply with a subpoena issued, upon

the request of any party to the

proceeding, the Solicitor of the FLRA

shall, on behalf of such party, institute

proceedings in the appropriate district

court for the enforcement thereof,

unless, in the judgment of the Solicitor

of the FLRA, the enforcement of such

subpoena would be inconsistent with

law and the policies of the Federal

Service Labor-Management Relations

Statute. The Solicitor of the FLRA shall

not be deemed thereby to have assumed

responsibility for the effective

prosecution of the same before the court

thereafter.

(g) All papers submitted to the

Executive Director under this section

shall be filed in duplicate, along with a

statement of service showing that a copy

has been served on the other party to the

dispute.

(h)(1) Witnesses (whether appearing

voluntarily or under a subpoena) shall

be paid the fee and mileage allowances

which are paid subpoenaed witnesses in

the courts of the United States:

Provided, that any witness who is

employed by the Federal Government

shall not be entitled to receive witness

fees in addition to compensation

received in conjunction with official

time granted for such participation,

including necessary travel time, as

occurs during the employee’s regular

work hours and when the employee

would otherwise be in a work or paid

leave status.

(2) Witness fees and mileage

allowances shall be paid by the party at

whose instance the witnesses appear

except when the witness receives

compensation in conjunction with

official time as described in paragraph

(h)(1) of this section.

Dated: May 31, 1996.

By direction of the Panel.

Linda A. Lafferty,

Executive Director, Federal Service Impasses

Panel.

[FR Doc. 96–14098 Filed 6–5–96; 8:45 am]

BILLING CODE 6727–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Summary Notice No. PR–96–2]

Petition for Rulemaking; Summary of

Petitions Received; Dispositions of

Petitions Issued

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

rulemaking received and of dispositions

of prior petitions.

SUMMARY: Pursuant to FAA’s rulemaking

provisions governing the application,

processing, and disposition of petitions

for rulemaking (14 CFR Part 11), this

notice contains a summary of certain

petitions requesting the initiation of

rulemaking procedures for the

amendment of specified provisions of

the Federal Aviation Regulations and of

denials or withdrawals of certain

petitions previously received. The

purpose of this notice is to improve the

public’s awareness of, and participation

in, this aspect of FAA’s regulatory

activities. Neither publication of this

notice nor the inclusion or omission of

information in the summary is intended

to affect the legal status of any petition

or its final disposition.

FOR FURTHER INFORMATION CONTACT:

Mr. D. Michael Smith, Office of

Rulemaking (ARM–1), Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–7470.

This notice is published pursuant to

paragraphs (b) and (f) of § 11.27 of Part

11 of the Federal Aviation Regulations

(14 CFR Part 11).

Issued in Washington, D.C. on June 3,

1996.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

Disposition of Petitions

Docket No.: 23755.

Petitioner: Mr. John G. Rutty.

Regulations Affected: 14 CFR 91.131

and 91.205.

Description of Rulechange Sought: To

require antiblocking and ‘‘stuck’’

microphone relief circuitry in aircraft

voice communication radios employed

in certain high-density air traffic areas,

referred to as Group I terminal control

areas (TCA’s), later reclassified as Class

B airspace.

Petitioner’s Reason for the Request:

The petitioner feels antiblocking device

(ABD) circuitry would provide

significant safety benefits to the public.

In addition, the petitioner contends that

ABD circuitry would improve

communication efficiency and reduce

air traffic controller workload; the

necessity of ‘‘go-arounds,’’ deviations,

and delays resulting in less wastage of

fuel; and pilot fatigue and frustration

caused by blocked messages.

Denial; May 17, 1996.

[FR Doc. 96–14265 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 95–ASW–07]

Proposed Establishment of Class E

Airspace; Sonora, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a

Notice of Proposed Rulemaking (NPRM)

that proposed to establish the Class E

airspace at Canyon Ranch Airport,

Sonora, TX. The proposal was to

establish the controlled airspace

extending upward from 700 feet above

the ground (AGL) needed to contain

aircraft executing a Very High

Frequency Omnidirectional Range

(VOR)/Distance Measuring Equipment

(DME) standard instrument approach

procedure (SIAP) to Runway (RWY) 32.

The Class E airspace dimensions

described in the NPRM contained a

significant error; therefore, the proposal

is withdrawn.

DATES: The proposed rule is withdrawn

June 6, 1996.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Operations Branch,

Federal Aviation Administration,

Southwest Region, Fort Worth, TX

76193–0530; telephone: (817) 222–5593.