[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9323]


[[Page Unknown]]

[Federal Register: April 19, 1994]


                                                    VOL. 59, NO. 75

                                            Tuesday, April 19, 1994

MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1209

 

Practices and Procedures for Appeals and Stay Requests of 
Personnel Actions Allegedly Based on Whistleblowing

AGENCY: Merit Systems Protection Board.

ACTION: Notice of proposed rule.

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SUMMARY: The Board proposes to amend its Practices and Procedures for 
Appeals and Stay Requests of Personnel Actions Allegedly Based on 
Whistleblowing. This amendment extends the time limit for filing an 
appeal of an agency action where the appellant first files a request 
for a stay of that action. This proposed change will bring the filing 
time in initial whistleblower cases into line with filing times in the 
Board's appellate jurisdiction cases and will also have the effect of 
making the Board's appellate processes more accessible to Federal 
employees.

DATES: Comments must be received on or before May 19, 1994.

ADDRESSES: Submit comments to Robert E. Taylor, Clerk of the Board, 
Merit Systems Protection Board, 1120 Vermont Avenue, NW., Washington, 
DC 20419-0002.

FOR FURTHER INFORMATION CONTACT: Llewellyn M. Fischer, General Counsel, 
(202) 653-7171.

SUPPLEMENTARY INFORMATION: The proposed change came about as a result 
of Executive Order 12866, September 30, 1993, requiring agencies to 
insure that regulations are effective, consistent, sensible, and 
understandable. The Board's review found that changing the time limit 
for filing initial appeals to its regional offices would be consistent 
with the legal and regulatory time limits for filing with the Federal 
courts and the Equal Employment Opportunity Commission both of which 
can potentially review final decisions of the Board. The consistency 
created by this proposed change will help to eliminate possible 
confusion by Federal employees who file appeals with the Board.
    The Board has determined that this proposed regulatory action is 
not ``significant'' as defined by Executive Order 12866, and therefore, 
is not subject to review by the Office of Management and Budget.
    The Board has also determined that this proposed regulatory action 
does not have a significant impact on a substantial number of small 
entities under the Regulatory Flexibility Act (Pub. L. 96354, 94 Stat. 
1164, 5 U.S.C. 601-612).

List of Subjects in 5 CFR Part 1209

    Administrative practice and procedure, Civil rights, Government 
employees.

    Accordingly, the Board proposes to amend 5 CFR part 1209 as 
follows:

PART 1209--[AMENDED]

    1. The authority citation for part 1209 continues to read as 
follows:
    Authority: 5 U.S.C. 1204, 1221, 2302(b)(8) and 7701.


Sec. 1209.5  [Amended]

    2. Section 1209.5 is amended by removing the number ``20'' in 
paragraph (c); and by adding in its place the number ``30''.

    Dated: April 13, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-9323 Filed 4-18-94; 8:45 am]
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