MSPB Practices and Procedures; Department of Homeland Security Human Resources Management System, 9343-9344 [E9-4290]
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9343
Rules and Regulations
Federal Register
Vol. 74, No. 41
Wednesday, March 4, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
MERIT SYSTEMS PROTECTION
BOARD
5 CFR Parts 1201 and 1210
MSPB Practices and Procedures;
Department of Homeland Security
Human Resources Management
System
AGENCY:
Merit Systems Protection
Board.
ACTION:
Final rule.
SUMMARY: The Merit Systems Protection
Board (‘‘MSPB’’) has decided to remove
its DHS-specific regulations that
concern the processing and adjudication
of appeals filed under the DHS Human
Resources Management System to
conform with Department of Homeland
Security regulations.
DATES: This rule is effective on March 4,
2009.
FOR FURTHER INFORMATION CONTACT:
William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, 1615 M
Street, NW., Washington, DC 20419;
(202) 653–7200, fax: (202) 653–7130 or
e-mail: mspb@mspb.gov.
SUPPLEMENTARY INFORMATION: On
February 1, 2005, the Department of
Homeland Security (DHS) and the
Office of Personnel Management (OPM)
jointly issued final regulations at 5 CFR
Part 9701 establishing the DHS Human
Resources Management System. 70 FR
5272. Thereafter, pursuant to 5 CFR
9701.102(b)(2), DHS phased in coverage
to certain employees under Subpart F
(Adverse Actions) and G (Appeals).
On October 5, 2007, MSPB published
an interim rule revising its regulations
to clarify the procedures applicable to
MSPB processing and adjudication of
cases arising under Subparts F and G of
the DHS Human Resources Management
System. 72 FR 56883. Thereafter, on
April 18, 2008, the MSPB published a
final rule further revising its regulations
VerDate Nov<24>2008
15:05 Mar 03, 2009
Jkt 217001
applicable to the processing and
adjudication of such cases. 73 FR 21019.
Effective October 1, 2008, the DHS
rescinded application of 5 CFR 9701,
Subparts A–G, of the DHS Human
Resources Management System. 73 FR
58435. DHS took this action pursuant to
the Consolidated Security, Disaster
Assistance and Continuing
Appropriations Act, 2009, Public Law
110–329 (2008) (the ‘‘FY 09 DHS
Appropriations Act’’), which barred
DHS from using funds appropriated in
this act or any other appropriations act
for the development, testing,
deployment, or operation of any portion
of the DHS personnel system.
As a result of DHS’s rescission of the
application of Subparts F and G, the
MSPB has decided to amend its
regulations by removing all regulations
that are specific to Subparts F and G of
the DHS Human Resources Management
System. The Board considered staying
these regulations, but determined that
removing the regulations is appropriate
in order to ensure that DHS employees
are not confused concerning which
regulations apply. In addition, staying
the DHS-specific regulations was
problematic because DHS-specific rules
are contained in numerous places
within 5 CFR 1201, the Board’s
generally applicable practices and
procedures. As a result, the Board is
removing all DHS-specific rules from its
regulations pending future
developments with regard to the DHS
Human Resources Management System.
List of Subjects in 5 CFR Parts 1201 and
1210
Administrative practice and
procedure, Government employees.
■ Accordingly, under the authority at 5
U.S.C. 1204(h), the Board amends 5 CFR
Chapter II as follows:
PART 1201—[AMENDED]
1. The authority citation for part 1201
continues to read as follows:
■
Authority: 5 U.S.C. 1204 and 7701, unless
otherwise noted.
2. Section 1201.3 is amended by
removing paragraphs (a)(21) and (b)(3)
and revising paragraphs (a)(19) and
(a)(20) as follows:
■
§ 1201.3
*
Appellate jurisdiction.
*
*
(a) * * *
PO 00000
Frm 00001
*
Fmt 4700
*
Sfmt 4700
(19) Employment practices
administered by the Office of Personnel
Management to examine and evaluate
the qualifications of applicants for
appointment in the competitive service
(5 CFR 300.104); and
(20) Reduction-in-force action
affecting a career or career candidate
appointee in the Foreign Service (22
U.S.C. 4011).
*
*
*
*
*
■ 3. Section 1201.11 is revised to read
as follows:
§ 1201.11
Scope and policy.
The regulations in this subpart apply
to Board appellate proceedings except
as otherwise provided in § 1201.13. The
regulations in this subpart apply also to
appellate proceedings and stay requests
covered by part 1209 unless other
specific provisions are made in that
part. These regulations also apply to
original jurisdiction proceedings of the
Board except as otherwise provided in
subpart D. It is the Board’s policy that
these rules will be applied in a manner
that expedites the processing of each
case. It is the Board’s policy that these
rules will be applied in a manner that
ensures the fair and efficient processing
of each case.
■ 4. Section 1201.21 is revised to read
as follows:
§ 1201.21
Notice of appeal rights.
When an agency issues a decision
notice to an employee on a matter that
is appealable to the Board, the agency
must provide the employee with the
following:
(a) Notice of the time limits for
appealing to the Board, the
requirements of § 1201.22(c), and the
address of the appropriate Board office
for filing the appeal;
(b) A copy, or access to a copy, of the
Board’s regulations;
(c) A copy of the MSPB appeal form
available at the Board’s Web site
(https://www.mspb.gov), and
(d) Notice of any right the employee
has to file a grievance, including:
(1) Whether the election of any
applicable grievance procedure will
result in waiver of the employee’s right
to file an appeal with the Board;
(2) Whether both an appeal to the
Board and a grievance may be filed on
the same matter and, if so, the
circumstances under which proceeding
with one will preclude proceeding with
E:\FR\FM\04MRR1.SGM
04MRR1
9344
Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations
the other, and specific notice that filing
a grievance will not extend the time
limit for filing an appeal with the Board;
and
(3) Whether there is any right to
request Board review of a final decision
on a grievance in accordance with
§ 1201.154(d).
■ 5. Section 1201.22 is amended by
revising paragraph (b)(2) to read as
follows:
§ 1201.22 Filing an appeal and responses
to appeals.
(b) * * *
(2) The time limit prescribed by
paragraph (b)(1) of this section for filing
an appeal does not apply where a law
or regulation establishes a different time
limit or where there is no applicable
time limit. No time limit applies to
appeals under the Uniformed Services
Employment and Reemployment Rights
Act (Pub. L. 103–353), as amended; see
part 1208 of this title. See part 1208 of
this title for the statutory filing time
limits applicable to appeals under the
Veterans Employment Opportunities
Act (Pub. L. 105–339). See part 1209 of
this title for the statutory filing time
limits applicable to whistleblower
appeals and stay requests.
*
*
*
*
*
PART 1210—[REMOVED AND
RESERVED]
■
6. Part 1210 is removed and reserved.
William D. Spencer,
Clerk of the Board.
[FR Doc. E9–4290 Filed 3–3–09; 8:45 am]
BILLING CODE 7400–01–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Doc. No. AMS–FV–08–0093; FV09–984–2
FIR]
Walnuts Grown in California;
Decreased Assessment Rate
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule.
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule which decreased the
assessment rate established for the
California Walnut Board (Board) for the
2008–09 and subsequent marketing
years from $0.0158 to $0.0131 per
kernelweight pound of assessable
VerDate Nov<24>2008
15:05 Mar 03, 2009
Jkt 217001
walnuts. The Board locally administers
the marketing order which regulates the
handling of walnuts grown in
California. Assessments upon walnut
handlers are used by the Board to fund
reasonable and necessary expenses of
the program. The marketing year began
September 1 and ends August 31. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective Date: April 3, 2009.
FOR FURTHER INFORMATION CONTACT:
Debbie Wray, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or e-mail:
Debbie.Wray@ams.usda.gov, or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or e-mail:
Jay.Guerber@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
984, as amended (7 CFR part 984),
regulating the handling of walnuts
grown in California, hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, California walnut handlers are
subject to assessments. Funds to
administer the order are derived from
such assessments. It is intended that the
assessment rate as issued herein will be
applicable to all assessable walnuts
beginning September 1, 2008, and
continue until amended, suspended, or
terminated. This rule will not preempt
any State or local laws, regulations, or
policies, unless they present an
irreconcilable conflict with this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule continues in effect the
action that decreased the assessment
rate established for the Board for the
2008–09 and subsequent marketing
years from $0.0158 to $0.0131 per
kernelweight pound of assessable
walnuts.
The California walnut marketing
order provides authority for the Board,
with the approval of USDA, to formulate
an annual budget of expenses and
collect assessments from handlers to
administer the program. The members
of the Board are producers and handlers
of California walnuts. They are familiar
with the Board’s needs and the costs for
goods and services in their local area
and are thus in a position to formulate
an appropriate budget and assessment
rate. The assessment rate is formulated
and discussed at a public meeting.
Thus, all directly affected persons have
an opportunity to participate and
provide input.
For the 2008–09 and subsequent
marketing years, the Board
recommended, and USDA approved, an
assessment rate of $0.0158 per
kernelweight pound of assessable
walnuts that would continue in effect
from year to year unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Board or other
information available to the USDA. The
Board recommended this rate in May
2008 along with expenditures of
$4,594,300 for 2008–09.
The Board met on September 12,
2008, and unanimously recommended
reducing its 2008–09 expenditures to
$3,809,000 and reducing the assessment
rate to $0.0131 per kernelweight pound
of assessable walnuts. The assessment
rate of $0.0131 per kernelweight pound
of assessable walnuts is $0.0027 per
kernelweight pound lower than the rate
previously in effect. The decreased
assessment rate is primarily due to an
$800,000 decrease in domestic market
development expenditures previously
recommended for the 2008–09
marketing year.
E:\FR\FM\04MRR1.SGM
04MRR1
]]>Agencies
[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Rules and Regulations]
[Pages 9343-9344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4290]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules
and Regulations
[[Page 9343]]
MERIT SYSTEMS PROTECTION BOARD
5 CFR Parts 1201 and 1210
MSPB Practices and Procedures; Department of Homeland Security
Human Resources Management System
AGENCY: Merit Systems Protection Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Merit Systems Protection Board (``MSPB'') has decided to
remove its DHS-specific regulations that concern the processing and
adjudication of appeals filed under the DHS Human Resources Management
System to conform with Department of Homeland Security regulations.
DATES: This rule is effective on March 4, 2009.
FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington,
DC 20419; (202) 653-7200, fax: (202) 653-7130 or e-mail: mspb@mspb.gov.
SUPPLEMENTARY INFORMATION: On February 1, 2005, the Department of
Homeland Security (DHS) and the Office of Personnel Management (OPM)
jointly issued final regulations at 5 CFR Part 9701 establishing the
DHS Human Resources Management System. 70 FR 5272. Thereafter, pursuant
to 5 CFR 9701.102(b)(2), DHS phased in coverage to certain employees
under Subpart F (Adverse Actions) and G (Appeals).
On October 5, 2007, MSPB published an interim rule revising its
regulations to clarify the procedures applicable to MSPB processing and
adjudication of cases arising under Subparts F and G of the DHS Human
Resources Management System. 72 FR 56883. Thereafter, on April 18,
2008, the MSPB published a final rule further revising its regulations
applicable to the processing and adjudication of such cases. 73 FR
21019.
Effective October 1, 2008, the DHS rescinded application of 5 CFR
9701, Subparts A-G, of the DHS Human Resources Management System. 73 FR
58435. DHS took this action pursuant to the Consolidated Security,
Disaster Assistance and Continuing Appropriations Act, 2009, Public Law
110-329 (2008) (the ``FY 09 DHS Appropriations Act''), which barred DHS
from using funds appropriated in this act or any other appropriations
act for the development, testing, deployment, or operation of any
portion of the DHS personnel system.
As a result of DHS's rescission of the application of Subparts F
and G, the MSPB has decided to amend its regulations by removing all
regulations that are specific to Subparts F and G of the DHS Human
Resources Management System. The Board considered staying these
regulations, but determined that removing the regulations is
appropriate in order to ensure that DHS employees are not confused
concerning which regulations apply. In addition, staying the DHS-
specific regulations was problematic because DHS-specific rules are
contained in numerous places within 5 CFR 1201, the Board's generally
applicable practices and procedures. As a result, the Board is removing
all DHS-specific rules from its regulations pending future developments
with regard to the DHS Human Resources Management System.
List of Subjects in 5 CFR Parts 1201 and 1210
Administrative practice and procedure, Government employees.
0
Accordingly, under the authority at 5 U.S.C. 1204(h), the Board amends
5 CFR Chapter II as follows:
PART 1201--[AMENDED]
0
1. The authority citation for part 1201 continues to read as follows:
Authority: 5 U.S.C. 1204 and 7701, unless otherwise noted.
0
2. Section 1201.3 is amended by removing paragraphs (a)(21) and (b)(3)
and revising paragraphs (a)(19) and (a)(20) as follows:
Sec. 1201.3 Appellate jurisdiction.
* * * * *
(a) * * *
(19) Employment practices administered by the Office of Personnel
Management to examine and evaluate the qualifications of applicants for
appointment in the competitive service (5 CFR 300.104); and
(20) Reduction-in-force action affecting a career or career
candidate appointee in the Foreign Service (22 U.S.C. 4011).
* * * * *
0
3. Section 1201.11 is revised to read as follows:
Sec. 1201.11 Scope and policy.
The regulations in this subpart apply to Board appellate
proceedings except as otherwise provided in Sec. 1201.13. The
regulations in this subpart apply also to appellate proceedings and
stay requests covered by part 1209 unless other specific provisions are
made in that part. These regulations also apply to original
jurisdiction proceedings of the Board except as otherwise provided in
subpart D. It is the Board's policy that these rules will be applied in
a manner that expedites the processing of each case. It is the Board's
policy that these rules will be applied in a manner that ensures the
fair and efficient processing of each case.
0
4. Section 1201.21 is revised to read as follows:
Sec. 1201.21 Notice of appeal rights.
When an agency issues a decision notice to an employee on a matter
that is appealable to the Board, the agency must provide the employee
with the following:
(a) Notice of the time limits for appealing to the Board, the
requirements of Sec. 1201.22(c), and the address of the appropriate
Board office for filing the appeal;
(b) A copy, or access to a copy, of the Board's regulations;
(c) A copy of the MSPB appeal form available at the Board's Web
site (https://www.mspb.gov), and
(d) Notice of any right the employee has to file a grievance,
including:
(1) Whether the election of any applicable grievance procedure will
result in waiver of the employee's right to file an appeal with the
Board;
(2) Whether both an appeal to the Board and a grievance may be
filed on the same matter and, if so, the circumstances under which
proceeding with one will preclude proceeding with
[[Page 9344]]
the other, and specific notice that filing a grievance will not extend
the time limit for filing an appeal with the Board; and
(3) Whether there is any right to request Board review of a final
decision on a grievance in accordance with Sec. 1201.154(d).
0
5. Section 1201.22 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 1201.22 Filing an appeal and responses to appeals.
(b) * * *
(2) The time limit prescribed by paragraph (b)(1) of this section
for filing an appeal does not apply where a law or regulation
establishes a different time limit or where there is no applicable time
limit. No time limit applies to appeals under the Uniformed Services
Employment and Reemployment Rights Act (Pub. L. 103-353), as amended;
see part 1208 of this title. See part 1208 of this title for the
statutory filing time limits applicable to appeals under the Veterans
Employment Opportunities Act (Pub. L. 105-339). See part 1209 of this
title for the statutory filing time limits applicable to whistleblower
appeals and stay requests.
* * * * *
PART 1210--[REMOVED AND RESERVED]
0
6. Part 1210 is removed and reserved.
William D. Spencer,
Clerk of the Board.
[FR Doc. E9-4290 Filed 3-3-09; 8:45 am]
BILLING CODE 7400-01-P
