[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9322]


[[Page Unknown]]

[Federal Register: April 20, 1994]


                                                    VOL. 59, NO. 76

                                          Wednesday, April 20, 1994

MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201

 

Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Notice of proposed rule.

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SUMMARY: The Board proposes to amend its practices and procedures by 
extending the regulatory time limits for filing initial appeals, class 
action appeals, motions for attorney fees, initial appeals raising 
issues of prohibited discrimination, and requests to review final 
decisions under negotiated grievance procedures. The time limit for 
filing appeals with the Federal courts, as well as the Equal Employment 
Opportunity Commission, is currently greater than that of the Board. 
This proposed change brings the Board's practices and procedures more 
in line with those entities 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 20, 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 in the Board's practices 
and procedures came about as a result of Executive Order 12866 of 
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, 95 Stat. 
1164, 5 U.S.C. 601-612).

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure, Civil Rights, Government 
employees.

    Accordingly, the Board proposes to amend 5 CFR part 1201 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.


Sec. 1201.22  [Amended]

    2. Section 1201.22 is amended by removing the number ``20'' in the 
first sentence of paragraph (b) and by adding in its place the number 
``30''; and by removing the number ``25'' from the second sentence of 
paragraph (b) and by adding in its place the number ``35''.
    3. Section 1201.23 is amended by revising the ``EXAMPLE'' to read 
as follows:


Sec. 1201.23  Computation of time.

* * * * *
    Example: If an employee receives a decision notice that is 
effective on July 1, the 30-day period for filing an appeal starts 
to run on July 2. The filing ordinarily would be timely only if it 
is made by July 31. If July 31 is a Saturday, however, the last day 
for filing would be Monday, August 2.


Sec. 1201.27  [Amended]

    4. Section 1201.27 is amended by removing the number ``25'' from 
the second sentence in paragraph (b) and adding in its place the number 
``35''; and by removing the number ``25'' from the last sentence is 
paragraph (b) and adding in its place the number ``35''.


Sec. 1201.37  [Amended]

    5. Section 1201.37 is amended by removing the numbers ``20'' and 
``25'' from the second sentence in paragraph (a)(3) and adding in their 
place the numbers ``30'' and ``35'', respectively.


Sec. 1201.154  [Amended]

    6. Section 1201.154 is amended by removing the number ``20'' in 
paragraph (a) and adding in its place the number ``30''; by removing 
the number ``20'' from paragraph (b)(1) and by adding in its place the 
number ``30''; and by removing the number ``25'' from paragraph (d) 
introductory text and adding in its place the number ``35''.

    Dated: April 13, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-9322 Filed 4-19-94; 8:45 am]
BILLING CODE 7400-01-M