[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14859]


  Federal Register / Vol. 59, No. 116 / Friday, June 17, 1994 /
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[[Page Unknown]]

[Federal Register: June 17, 1994]


                                                   VOL. 59, NO. 116

                                              Friday, June 17, 1994

MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201

 

Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Final Rule.

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SUMMARY: The Board is amending 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 
decision 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 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: Effective June 17, 1994.

FOR FURTHER INFORMATION CONTACT:
Robert E. Taylor, Clerk of the Board, (202) 653-7200.

SUPPLEMENTARY INFORMATION: This change in the Board's practices and 
procedures came about as a result of Executive Order 12866 of September 
30, 1993, requiring agencies to ensure 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 announced this change as a proposed rule at 59 FR 18764, 
April 20, 1994, and asked for comments. The Board received 29 comments 
from agency and union representatives. Twenty-two were in favor of or 
not opposed to the proposed amendments. There was significantly more 
support for the proposed amendments than opposition. While some 
commenters suggested alternatives to the proposed regulations, the 
Board has considered these suggestions and determined not to adopt 
them.
    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 1201

    Administrative practice and procedure, Civil Rights, Government 
employees. Accordingly, 5 CFR part 1201 is amended 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 1201.22 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:'' 
paragraph 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.

    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); 
and adding in its place the number ``35''.

    Dated: June 14, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-14859 Filed 6-16-94; 8:45 am]
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