[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Notices]
[Pages 49213-49214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23986]


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MERIT SYSTEMS PROTECTION BOARD


Variation From Normal Procedures--Effects of Attacks on World 
Trade Center and Pentagon

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: Notice is hereby given of variations from the Board's normal 
case processing procedures as a result of the September 11, 2001, 
attacks on the World Trade Center in New York and the Pentagon.

DATES: September 26, 2001.

FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board, 
1615 M Street, NW., Washington, DC 20419; telephone (202) 653-7200; 
facsimile (202) 653-7130; e-mail to [email protected].

SUPPLEMENTARY INFORMATION: The Merit Systems Protection Board is 
providing notice of the variations in its normal case processing 
procedures that have been placed into effect as a result of the 
September 11, 2001, attacks on the World Trade Center in New York and 
the Pentagon.
    The Board's adjudicatory regulations contain numerous time limits 
for filing documents in Federal employee appeals of agency personnel 
actions and other matters within the Board's jurisdiction. In addition, 
MSPB judges issue various orders in the course of an adjudicatory 
proceeding that set a time limit for responses by the parties. The 
Board's regulations permit four methods of filing and serving 
documents--regular mail, commercial overnight delivery, facsimile, and 
personal delivery to the appropriate MSPB office. The date of filing by 
regular mail is determined by the postmark date. For filing by 
commercial overnight delivery, it is the date the document is delivered 
to the commercial overnight delivery service. For filing by facsimile, 
it is the date recorded on the facsimile transmission. For filing by 
personal delivery, it is the date the MSPB office receives the 
document.
    At the time of the attacks on September 11, 2001, there were 
approximately 1,800 cases pending in MSPB regional and field offices 
and almost 800 cases pending at the Board's headquarters in Washington 
(data as of August 31, 2001). It is reasonable to assume, therefore, 
that a number of filings due to a MSPB office on September 11, 2001, 
could not be made on that date. An unknown number of filings of new 
cases subject to a filing deadline of September 11, 2001, also may have 
been affected by the events of that date.
    The following circumstances may have affected filings due on 
September 11, 2001:
     The Board's New York Field Office, located in the vicinity 
of the World Trade Center, was evacuated following the attack there and 
remains closed until further notice.
     The Board's Washington, DC, headquarters office and its 
Washington Regional Office in Alexandria, Virginia, closed shortly 
after the attack on the Pentagon.
     Other MSPB regional and field offices throughout the 
country closed early on September 11, 2001.
     U.S. post offices closed throughout the country following 
the attacks, and many scheduled mail pickups on September 11, 2001, 
were not made. Certain scheduled mail pickups on September 12, 2001, 
also may not have been made.
     Facsimile transmissions to the New York Field Office could 
not be received because of communications failures in the area.
     Facsimile transmissions to the Board's headquarters may 
have been unable to get through because of the overload of telephone 
circuits in the Washington, DC, area.
    In addition to the effect of the attacks on the ability of parties 
to make timely filings that were due on September 11, 2001, MSPB case 
files of Federal agencies located in the World Trade Center were 
destroyed in the attacks. Case files in the Pentagon may have been 
destroyed as well.
    Accordingly, the Board has placed into effect the following 
variations from its normal case processing procedures:
    1. Until further notice, filings due to the New York Field Office 
are to be made with the Northeastern Regional Office. The address, 
telephone and facsimile numbers, and e-mail address of the Northeastern 
Regional Office are: U.S. Customhouse, Room 501, Second & Chestnut 
Streets, Philadelphia, PA 19106; telephone (215) 597-9960; facsimile 
(215) 597-3456; e-mail to [email protected]. Questions regarding 
cases in the New York Field Office should be directed to the 
Northeastern Regional Office.
    2. In MSPB regional and field offices, judges will exercise 
discretion in accepting filings due on September 11, 2001, that were 
made (by any filing method) after that date.
    3. At Board headquarters, the Clerk of the Board will exercise 
discretion in accepting filings due on September 11, 2001, that were 
sent by regular mail and postmarked after that date. Normally, a show 
cause order is issued when a late filing is received, but the Clerk of 
the Board may accept certain filings, particularly from the New York 
City area, without issuing a show cause order.
    4. At Board headquarters, the Clerk of the Board will accept as 
timely filings

[[Page 49214]]

due on September 11, 2001, that were sent by facsimile if the date 
recorded on the facsimile transmission is September 12, 2001.
    5. Where MSPB case files of parties located in the World Trade 
Center or the Pentagon were destroyed by the attacks, MSPB judges may 
grant appropriate continuances until the case files can be 
reconstructed or dismiss cases without prejudice to their later 
refiling. MSPB offices will also assist the parties in reconstructing 
case files.
    The Board and its employees throughout the country intend to 
accommodate parties to MSPB cases whose ability to pursue those cases 
was affected by the attacks on September 11, 2001. Where the variations 
from normal case processing procedures set forth above do not cover the 
circumstances in an individual case, the individual circumstances will 
be considered on a case-by-case basis. The Board and MSPB judges may 
waive any Board regulation the application of which is not required by 
law.

    Dated: September 20, 2001.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 01-23986 Filed 9-25-01; 8:45 am]
BILLING CODE 7400-01-M