Merit Systems Protection Board – Federal Register Recent Federal Regulation Documents

The Merit Systems Protection Board, with the concurrence of the Office of Government Ethics (OGE), is adopting as final, without change, the interim MSPB rule that supplements the executive-branch- wide Standards of Ethical Conduct (Standards) issued by OGE and, with certain exceptions, requires MSPB employees to obtain approval before engaging in outside employment.

The U.S. Merit Systems Protection Board is requesting approval from the Office of Management and Budget (OMB) to conduct Federal employee surveys for a period of two years from the approval date. Before submitting the Information Collection Request (ICR) to OMB for review and approval, MSPB is soliciting comments on specific aspects of the information collection in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). In this regard, we are soliciting comments on the public reporting burden. The reporting burden for the collection of information on this form is estimated to average 30 minutes per respondent, including time for reviewing instructions and completing the survey. In addition, the 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.

In compliance with the Paperwork Reduction Act (PRA), the U.S. Merit Systems Protection Board (MSPB) announces that it is planning to submit a request for a three-year extension of an Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting this ICR to OMB for review and approval, MSPB is soliciting comments on specific aspects of its information collection activities as described below.

The Merit Systems Protection Board (MSPB or the Board) is amending its rules of practice and procedure in this part to reflect the relocation of its Northeastern Regional Office. On January 22, 2008, the Board relocates its Northeastern Regional Office from the U.S. Customhouse, Room 501, Second and Chestnut Streets, Philadelphia, PA 19106-2987, to 1601 Market Street, Suite 1700, Philadelphia, PA 19103. Appendix II of this part is amended to show the new address. The Northeastern Office telephone numbers remain unchanged.

Notice is hereby given of the members of the Performance Review Board.

The Merit Systems Protection Board, with the concurrence of the Office of Government Ethics (OGE), is issuing an interim regulation for employees of the MSPB that supplements the executive-branch-wide Standards of Ethical Conduct (Standards) issued by OGE. With certain exceptions, the supplemental regulation requires MSPB employees, except special Government employees, to obtain approval before engaging in outside employment.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that the Merit Systems Protection Board (MSPB or the Board) is forwarding the following proposed information collection to the Office of Management and Budget (OMB) for approval: MSPB Form 185, a revised paper Appeal Form; and e-Appeal, an electronic application for filing an appeal with the Board.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. This ICR describes the nature of the information collection and its estimated burden and cost.

The Merit Systems Protection Board (MSPB) intends to request approval of a revised information collection from the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 and 3507). The currently approved information collection is the MSPB Appeal Form, MSPB Form 185 (OMB Control Number 3124-0009). The MSPB intends to make one substantive change to the information collected on the MSPB Appeal Form: Individuals who file appeals with the MSPB will be required to provide the last four digits of their Social Security numbers. In addition, several minor edits have been made to the Appeal Form to make the process easier to understand. At this time, the MSPB is requesting public comments on the revised MSPB Form 185, which is available for review on the MSPB Web site at https://mspb.gov/headlinespage.html. In addition to soliciting comments on the changes to the Appeal Form, we are also soliciting comments on the public reporting burden.

The Merit Systems Protection Board (MSPB or the Board) is amending its regulation governing actions filed by an administrative law judge (ALJ) under 5 U.S.C. 7521 to repeal the standard for establishing a constructive removal under the statute that was formerly incorporated in the regulation. The standard for establishing a constructive removal is addressed in the Board's case law. The amended regulation provides procedural guidance for ALJ-initiated actions alleging violation of section 7521.

The Merit Systems Protection Board seeks public comment on a proposed rule that would set out procedures that requesters would have to follow when making demands on or requests to an MSPB employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the MSPB is not a party. The rule would establish procedures to respond to such demands and requests in an orderly and consistent manner. The proposed rule will promote uniformity in decisions, protect confidential information, provide guidance to requesters, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of agency resources.

Notice is hereby given of variations from the Board's normal case processing procedures as a result of Hurricane Katrina and the related relief efforts in the gulf coast region of the United States.

The Merit Systems Protection Board (MSPB or ``the Board'') is revising its regulation governing actions filed by an administrative law judge (ALJ) who alleges a constructive removal under 5 U.S.C. 7521. The revision repeals the standard stated by the regulation for establishing such a removal in light of the Board's determination in recent cases that the ALJ must show involuntary separation from the position of ALJ. As discussed below, the revised standard for establishing the constructive removal of an ALJ is addressed in the Board's cases and will not be incorporated in the revised regulation, which is retained solely to provide procedural guidance for ALJ- initiated actions alleging violation of section 7521.

The Merit Systems Protection Board (MSPB or ``the Board'') is revising its regulations which were promulgated to implement Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794. These revisions are necessary to reconcile the Board's regulations with the current statute and to clarify the procedures for processing those complaints filed against the Board which allege discrimination on the basis of disability during the Board's adjudication of a related employee appeal.