Agency Information Collection Activities; Emergency Reinstatement of Previously Approved Collection, 65586-65587 [2012-26534]

Download as PDF 65586 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Notices The Committee will not exceed 25 members. Committee members are nominated by the Commissioner of Labor Statistics and approved by the Secretary of Labor. Membership of the Committee will represent a balance of expertise across a broad range of BLS program areas, including employment and unemployment statistics, occupational safety and health statistics, compensation measures, price indexes, and productivity measures; or other areas related to the subject matter of BLS programs. All committee members will have extensive research or practical experience using BLS data. The Committee will function solely as an advisory body, in compliance with the provisions of the Federal Advisory Committee Act. The Charter will be filed under the Federal Advisory Committee Act. FOR FURTHER INFORMATION CONTACT: Cheryl Kerr, Office of the Commissioner, Bureau of Labor Statistics, telephone: 202–691–7808, email: kerr.cheryl@bls.gov. Signed at Washington, DC this 24th day of October 2012. Kimberley D. Hill, Chief, Division of Management Systems, Bureau of Labor Statistics. [FR Doc. 2012–26502 Filed 10–26–12; 8:45 am] BILLING CODE P MERIT SYSTEMS PROTECTION BOARD Agency Information Collection Activities; Emergency Reinstatement of Previously Approved Collection AGENCY: Merit Systems Protection Board. Notice of emergency reinstatement. ACTION: The Merit Systems Protection Board (MSPB) is requesting approval from the Office of Management and Budget (OMB) to reinstate Information Collection Request (ICR) 3124–0009, EAppeal/US Merit Systems Protection Board Appeal Form which expired on March 31, 2012. This ICR is necessary for individuals who file appeals with MSPB. The form serves as a guide to appellants in providing all needed information. The MSPB is requesting Emergency Reinstatement approval from OMB by November 9, 2012. The MSPB Appeal Form (Form 185) has been revised. At this time, MSPB is requesting public comments on Form 185, which is available for review on MSPB’s Web site at http:// www.mspb.gov. rmajette on DSK2TPTVN1PROD with SUMMARY: VerDate Mar<15>2010 13:18 Oct 26, 2012 Jkt 229001 Written comments must be received on or before November 5, 2012. ADDRESSES: Submit comments on the collection of information to the Office of Management and Budget, Attn: Desk Officer for MSPB, via fax at 202–395– 6974 or email at OIRA_Submission@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Please contact William D. Spencer, Office of the Clerk of the Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419; telephone 202–653–7200; fax 202–653– 7130; or email mspb@mspb.gov. Persons without internet access may request a paper copy of the MSPB Appeal Form from the Office of the Clerk of the Board. DATES: Revised MSPB Appeal Form 185 The instructions at the beginning of the written appeal form have been streamlined and reorganized, with a focus on more clearly setting forth the Board’s review authority; the option to file an appeal electronically; the time limits for filing an appeal; and where to file an appeal. In addition, the Privacy Act Statement and Public Reporting Burden notice have been moved to the end of the form. Part 1—Appellant and Agency Information: This section remains largely unchanged, apart from the inclusion of some updated language (such as ‘‘cell’’ under telephone numbers in box 3). In box 11, ‘‘Hearing,’’ the sentence, ‘‘If you choose to have a hearing, the administrative judge will notify you when and where it is to be held[,]’’ has been eliminated, due to its potentially misleading character (the right to a hearing is conditional on a finding of jurisdiction). The appellant’s certification that ‘‘all of the statements made in this form and any attachments are true, complete, and accurate * * *’’ has been moved from box 12, to its own section at the end of the form. Part 2—Agency Personnel Action or Decision (non-retirement): The introductory language to this section has been altered, reflecting the following change in the overall organization of the form: whereas the current version solicits information about nonretirement actions in this part and then subsequently cites to affirmative defenses to such actions and particular classes of such actions (IRA, USERRA, and VEOA) in two separate sections, the revised form addresses all nonretirement actions and associated claims in Part 2. The present Part 4, which invites appellants to check boxes next to various affirmative defense claims, a PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 frequent source of confusion, has been eliminated. Information regarding such claims, along with the descriptions of IRA, USERRA, and VEOA appeals, currently contained in Part 5, has been placed together in a new Appendix A and referenced at the beginning of this revised section, which provides as follows: Complete this part if you are appealing a Federal agency personnel action or decision other than a decision addressing your retirement rights or benefits. Certain actions that might not otherwise be appealable to the Board may be challenged as an individual right of action (IRA) appeal under the Whistleblower Protection Act (WPA) or as an appeal under the Uniformed Services Employment and Reemployment Rights Act (USERRA) or the Veterans Employment Opportunities Act (VEOA). An explanation of these three types of appeals is provided in Appendix A * * * and in the new box 16, which provides as follows: Explain briefly why you think the agency was wrong in taking this action. In challenging such an action, you may choose to allege that the agency engaged in harmful procedural error, committed a prohibited practice, or engaged in one of the other claims listed in Appendix A. Attach the agency’s proposal letter, decision letter, and SF–50, if available. Attach additional sheets if necessary (bearing in mind that there will be later opportunities to supplement your filings). As a result of this change, current boxes 13a, 14, 15, 16, 17, and 18 have been replaced with revised boxes 13, 14, 15, and 16. Current box 19, asking the appellant ‘‘[w]hat action would you like the Board to take in this case [,]’’ has been eliminated, as superfluous. Moreover, the language of current box 20 (revised box 17), has been changed to eliminate the request for information about the agency against which any negotiated grievance has been filed (as this agency will almost certainly be the same as the one having taken the personnel action itself). Finally, revised boxes 18 and 19, requesting information related to exhaustion of remedies in IRA and USERRA/VEOA appeals, respectively, replace current boxes 31, 32, and 33. Part 3—OPM or Agency Retirement Decision: This section remains largely unchanged. Current boxes 26 and 27, requesting information regarding if and when a final retirement decision has been received, have been consolidated into revised box 24. Current box 29, asking the appellant ‘‘[w]hat action E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Notices would you like the Board to take in this case[,]’’ has been eliminated, as superfluous. Part 4—Designation of Representative: As previously noted, the current Part 4, soliciting information about affirmative defenses, has been eliminated. The revised Part 4 replaces the current Part 6, with some slight changes in language. Part 5—Certification: As previously noted, the current Part 5, providing information about IRA, USERRA, and VEOA appeals, has been eliminated. The revised Part 5 contains the appellant certification, presently included in Part 1 of the form, along with the Privacy Act Statement and Public Reporting Burden. Appendix A and B: As previously noted, Appendix A provides information regarding affirmative defenses and IRA, USERRA, and VEOA appeals, as well as the special time limits for filing such appeals, making this material available to those to whom it applies, while otherwise streamlining and simplifying the appeal form itself. Appendix B provides full contact information for each of the Board’s regional offices, together with their corresponding geographic areas. Estimated Reporting Burden In accordance with the requirements of the Paperwork Reduction Act of 1995, MSPB is soliciting comments on the public reporting burden for this information collection. The public reporting burden for this collection of information is estimated to vary from 20 minutes to 4 hours, with an average of 60 minutes per response, including time for reviewing the form and instructions, searching existing data sources, 65587 gathering the data necessary, and completing and reviewing the collection of information. Specifically, MSPB invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of MSPB’s functions, including whether the information will have practical utility; (2) the accuracy of MSPB’s estimate of burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. ESTIMATED ANNUAL REPORTING BURDEN 5 CFR parts Annual number of respondents Frequency per response Total annual responses Hours per response (average) Total hours 1201, 1208, and 1209 .......................................................... 7,150 1 7,150 1.0 7,150 William D. Spencer, Clerk of the Board. [FR Doc. 2012–26534 Filed 10–26–12; 8:45 am] BILLING CODE 7400–01–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meeting of National Council on the Humanities National Endowment for the Humanities. ACTION: Notice of Meeting. AGENCY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), notice is hereby given that the National Council on the Humanities will meet for the following purposes: To advise the Chairman of the National Endowment for the Humanities (NEH) with respect to policies, programs and procedures for carrying out his functions; to review applications for financial assistance under the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 951–960, as amended) and make recommendations thereon to the Chairman; and to consider gifts offered to NEH and make recommendations thereon to the Chairman. rmajette on DSK2TPTVN1PROD with SUMMARY: The meeting will be held on Thursday and Friday, November 15–16, DATES: VerDate Mar<15>2010 13:18 Oct 26, 2012 Jkt 229001 2012, each day from 9:00 a.m. until adjourned. ADDRESSES: The meeting will be held at the Old Post Office Building, 1100 Pennsylvania Ave. NW., Washington, DC 20506. See Supplementary Information section for room numbers. FOR FURTHER INFORMATION CONTACT: Lisette Voyatzis, Committee Management Officer, 1100 Pennsylvania Ave. NW., Room 529, Washington, DC 20506, or call (202) 606–8322. Hearingimpaired individuals are advised that information on this matter may be obtained by contacting the National Endowment for the Humanities’ TDD terminal at (202) 606–8282. Please provide advance notice of any special needs or accommodations, including for a sign language interpreter. SUPPLEMENTARY INFORMATION: The Committee meetings of the National Council for the Humanities will be held on November 15, 2012, as follows: the policy discussion session (open to the public) will convene at 9:00 a.m. until approximately 10:30 a.m., followed by the discussion of specific grant applications and programs before the Council (closed to the public) from 10:30 a.m. until adjourned. Challenge Grants & Federal/State Partnership: Room 507 Education Programs: Room M–07 Preservation and Access: Room 415 Public Programs: Room 421 Research Programs: Room 315 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 The Plenary Session of the National Council for the Humanities will convene on November 16, 2012 at 9:00 a.m. in Room M–09. The agenda for the morning session (open to the public) will be as follows: A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks 2. Presentation by Dr. Barbara Oberg, Professor at Princeton University and Editor of The Papers of Thomas Jefferson 3. Staff Report 4. Congressional Report 5. Budget Report 6. Reports on Policy and General Matters a. Challenge Grants & Federal/State Partnership b. Education Programs c. Preservation and Access d. Public Programs e. Research Programs The remainder of the Plenary Session will be for consideration of specific applications and therefore will be closed to the public. As identified above, portions of the meeting of the National Council on the Humanities will be closed to the public pursuant to sections 552b(c)(4), 552b(c)(6) and 552b(c)(9)(b) of Title 5, U.S.C., as amended. The closed sessions will include review of personal and/or proprietary financial and commercial information given in confidence to the E:\FR\FM\29OCN1.SGM 29OCN1

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[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65586-65587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26534]


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MERIT SYSTEMS PROTECTION BOARD


Agency Information Collection Activities; Emergency Reinstatement 
of Previously Approved Collection

AGENCY: Merit Systems Protection Board.

ACTION: Notice of emergency reinstatement.

-----------------------------------------------------------------------

SUMMARY: The Merit Systems Protection Board (MSPB) is requesting 
approval from the Office of Management and Budget (OMB) to reinstate 
Information Collection Request (ICR) 3124-0009, E-Appeal/US Merit 
Systems Protection Board Appeal Form which expired on March 31, 2012. 
This ICR is necessary for individuals who file appeals with MSPB. The 
form serves as a guide to appellants in providing all needed 
information. The MSPB is requesting Emergency Reinstatement approval 
from OMB by November 9, 2012. The MSPB Appeal Form (Form 185) has been 
revised. At this time, MSPB is requesting public comments on Form 185, 
which is available for review on MSPB's Web site at http://www.mspb.gov.

DATES: Written comments must be received on or before November 5, 2012.

ADDRESSES: Submit comments on the collection of information to the 
Office of Management and Budget, Attn: Desk Officer for MSPB, via fax 
at 202-395-6974 or email at OIRA_Submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Please contact William D. Spencer, 
Office of the Clerk of the Board, Merit Systems Protection Board, 1615 
M Street, NW., Washington, DC 20419; telephone 202-653-7200; fax 202-
653-7130; or email mspb@mspb.gov. Persons without internet access may 
request a paper copy of the MSPB Appeal Form from the Office of the 
Clerk of the Board.

Revised MSPB Appeal Form 185

    The instructions at the beginning of the written appeal form have 
been streamlined and reorganized, with a focus on more clearly setting 
forth the Board's review authority; the option to file an appeal 
electronically; the time limits for filing an appeal; and where to file 
an appeal. In addition, the Privacy Act Statement and Public Reporting 
Burden notice have been moved to the end of the form.
    Part 1--Appellant and Agency Information: This section remains 
largely unchanged, apart from the inclusion of some updated language 
(such as ``cell'' under telephone numbers in box 3). In box 11, 
``Hearing,'' the sentence, ``If you choose to have a hearing, the 
administrative judge will notify you when and where it is to be 
held[,]'' has been eliminated, due to its potentially misleading 
character (the right to a hearing is conditional on a finding of 
jurisdiction). The appellant's certification that ``all of the 
statements made in this form and any attachments are true, complete, 
and accurate * * *'' has been moved from box 12, to its own section at 
the end of the form.
    Part 2--Agency Personnel Action or Decision (non-retirement): The 
introductory language to this section has been altered, reflecting the 
following change in the overall organization of the form: whereas the 
current version solicits information about non-retirement actions in 
this part and then subsequently cites to affirmative defenses to such 
actions and particular classes of such actions (IRA, USERRA, and VEOA) 
in two separate sections, the revised form addresses all non-retirement 
actions and associated claims in Part 2. The present Part 4, which 
invites appellants to check boxes next to various affirmative defense 
claims, a frequent source of confusion, has been eliminated. 
Information regarding such claims, along with the descriptions of IRA, 
USERRA, and VEOA appeals, currently contained in Part 5, has been 
placed together in a new Appendix A and referenced at the beginning of 
this revised section, which provides as follows:
    Complete this part if you are appealing a Federal agency personnel 
action or decision other than a decision addressing your retirement 
rights or benefits. Certain actions that might not otherwise be 
appealable to the Board may be challenged as an individual right of 
action (IRA) appeal under the Whistleblower Protection Act (WPA) or as 
an appeal under the Uniformed Services Employment and Reemployment 
Rights Act (USERRA) or the Veterans Employment Opportunities Act 
(VEOA). An explanation of these three types of appeals is provided in 
Appendix A * * *

and in the new box 16, which provides as follows:
    Explain briefly why you think the agency was wrong in taking this 
action. In challenging such an action, you may choose to allege that 
the agency engaged in harmful procedural error, committed a prohibited 
practice, or engaged in one of the other claims listed in Appendix A. 
Attach the agency's proposal letter, decision letter, and SF-50, if 
available. Attach additional sheets if necessary (bearing in mind that 
there will be later opportunities to supplement your filings).
    As a result of this change, current boxes 13a, 14, 15, 16, 17, and 
18 have been replaced with revised boxes 13, 14, 15, and 16. Current 
box 19, asking the appellant ``[w]hat action would you like the Board 
to take in this case [,]'' has been eliminated, as superfluous. 
Moreover, the language of current box 20 (revised box 17), has been 
changed to eliminate the request for information about the agency 
against which any negotiated grievance has been filed (as this agency 
will almost certainly be the same as the one having taken the personnel 
action itself). Finally, revised boxes 18 and 19, requesting 
information related to exhaustion of remedies in IRA and USERRA/VEOA 
appeals, respectively, replace current boxes 31, 32, and 33.
    Part 3--OPM or Agency Retirement Decision: This section remains 
largely unchanged. Current boxes 26 and 27, requesting information 
regarding if and when a final retirement decision has been received, 
have been consolidated into revised box 24. Current box 29, asking the 
appellant ``[w]hat action

[[Page 65587]]

would you like the Board to take in this case[,]'' has been eliminated, 
as superfluous.
    Part 4--Designation of Representative: As previously noted, the 
current Part 4, soliciting information about affirmative defenses, has 
been eliminated. The revised Part 4 replaces the current Part 6, with 
some slight changes in language.
    Part 5--Certification: As previously noted, the current Part 5, 
providing information about IRA, USERRA, and VEOA appeals, has been 
eliminated. The revised Part 5 contains the appellant certification, 
presently included in Part 1 of the form, along with the Privacy Act 
Statement and Public Reporting Burden.
    Appendix A and B: As previously noted, Appendix A provides 
information regarding affirmative defenses and IRA, USERRA, and VEOA 
appeals, as well as the special time limits for filing such appeals, 
making this material available to those to whom it applies, while 
otherwise streamlining and simplifying the appeal form itself. Appendix 
B provides full contact information for each of the Board's regional 
offices, together with their corresponding geographic areas.

Estimated Reporting Burden

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995, MSPB is soliciting comments on the public reporting burden for 
this information collection. The public reporting burden for this 
collection of information is estimated to vary from 20 minutes to 4 
hours, with an average of 60 minutes per response, including time for 
reviewing the form and instructions, searching existing data sources, 
gathering the data necessary, and completing and reviewing the 
collection of information.
    Specifically, MSPB invites comments on: (1) Whether the proposed 
collection of information is necessary for the proper performance of 
MSPB's functions, including whether the information will have practical 
utility; (2) the accuracy of MSPB's estimate of burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) ways to minimize 
the burden of the collection of information on respondents, including 
through the use of automated collection techniques, when appropriate, 
and other forms of information technology.

                                                            Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Hours per
                            5 CFR parts                               Annual  number   Frequency per     Total annual       response       Total hours
                                                                     of  respondents      response        responses        (average)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1201, 1208, and 1209...............................................           7,150                1            7,150              1.0            7,150
--------------------------------------------------------------------------------------------------------------------------------------------------------


William D. Spencer,
Clerk of the Board.
[FR Doc. 2012-26534 Filed 10-26-12; 8:45 am]
BILLING CODE 7400-01-P