[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71640-71641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29072]


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MERIT SYSTEMS PROTECTION BOARD


Agency Information Collection Activities; Proposed Collection

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: 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 MSPB Appeal Form (MSPB Form 185) has 
been revised. At this time, the MSPB is requesting public comments on 
the revised MSPB Form 185, which is available for review on the MSPB's 
Web site at http://www.mspb.gov.

DATES: Written comments must be received on or before February 1, 2013.

ADDRESSES: Submit written comments on the collection of information to 
William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 
1615 M Street NW., Washington, DC 20419. Because of possible mail 
delays, respondents are encouraged to submit comments by email to 
[email protected] or by fax to 202-653-7130.

FOR FURTHER INFORMATION CONTACT: Please contact William D. Spencer, 
Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., 
Washington, DC 20419; telephone 202-653-7200; fax 202-653-7130; email 
to [email protected]. Persons without internet access may request a paper 
copy of the MSPB Appeal Form from the Office of the Clerk of the Board.

Revised Appeal Form 185

    The instructions at the beginning of the written appeal form have 
been streamlined and reorganized, with a focus on more clearly setting 
forth the Board's review authority; the option to file an appeal 
electronically; the time limits for filing an appeal; and where to file 
an appeal. In addition, the Privacy Act Statement and Public Reporting 
Burden notice have been moved to the end of the form.
    Part 1--Appellant and Agency Information: This section remains 
largely unchanged, apart from the inclusion of some updated language 
(such as ``cell'' under telephone numbers in box 3). In box 11, 
``Hearing,'' the sentence, ``If you choose to have a hearing, the 
administrative judge will notify you when and where it is to be 
held[,]'' has been eliminated, due to its potentially misleading 
character (the right to a hearing is conditional on a finding of 
jurisdiction). The appellant's certification that ``all of the 
statements made in this form and any attachments are true, complete, 
and accurate * * * '' has been moved from box 12, to its own section at 
the end of the form.
    Part 2--Agency Personnel Action or Decision (non-retirement): The 
introductory language to this section has been altered, reflecting the 
following change in the overall organization of the form: whereas the 
current version solicits information about non-retirement actions in 
this part and then subsequently cites to affirmative defenses to such 
actions and particular classes of such actions (IRA, USERRA, and VEOA) 
in two separate sections, the revised form addresses all non-retirement 
actions and associated claims in Part 2. The present Part 4, which 
invites appellants to check boxes next to various affirmative defense 
claims, a frequent source of confusion, has been eliminated. 
Information regarding such claims, along with the descriptions of IRA, 
USERRA, and VEOA appeals, currently contained in Part 5, has been 
placed together in a new Appendix A and referenced at the beginning of 
this revised section, which provides as follows:

    Complete this part if you are appealing a Federal agency 
personnel action or decision other than a decision addressing your 
retirement rights or benefits. Certain actions

[[Page 71641]]

that might not otherwise be appealable to the Board may be 
challenged as an individual right of action (IRA) appeal under the 
Whistleblower Protection Act (WPA) or as an appeal under the 
Uniformed Services Employment and Reemployment Rights Act (USERRA) 
or the Veterans Employment Opportunities Act (VEOA). An explanation 
of these three types of appeals is provided in Appendix A.
* * * * *

and in the new box 16, which provides as follows:

    Explain briefly why you think the agency was wrong in taking 
this action. In challenging such an action, you may choose to allege 
that the agency engaged in harmful procedural error, committed a 
prohibited practice, or engaged in one of the other claims listed in 
Appendix A. Attach the agency's proposal letter, decision letter, 
and SF-50, if available. Attach additional sheets if necessary 
(bearing in mind that there will be later opportunities to 
supplement your filings).

    As a result of this change, current boxes 13a, 14, 15, 16, 17, and 
18 have been replaced with revised boxes 13, 14, 15, and 16. Current 
box 19, asking the appellant ``[w]hat action would you like the Board 
to take in this case [,]'' has been eliminated, as superfluous. 
Moreover, the language of current box 20 (revised box 17), has been 
changed to eliminate the request for information about the agency 
against which any negotiated grievance has been filed (as this agency 
will almost certainly be the same as the one having taken the personnel 
action itself). Finally, revised boxes 18 and 19, requesting 
information related to exhaustion of remedies in IRA and USERRA/VEOA 
appeals, respectively, replace current boxes 31, 32, and 33.
    Part 3--OPM or Agency Retirement Decision: This section remains 
largely unchanged. Current boxes 26 and 27, requesting information 
regarding if and when a final retirement decision has been received, 
have been consolidated into revised box 24. Current box 29, asking the 
appellant ``[w]hat action would you like the Board to take in this 
case[,]'' has been eliminated, as superfluous.
    Part 4--Designation of Representative: As previously noted, the 
current Part 4, soliciting information about affirmative defenses, has 
been eliminated. The revised Part 4 replaces the current Part 6, with 
some slight changes in language.
    Part 5--Certification: As previously noted, the current Part 5, 
providing information about IRA, USERRA, and VEOA appeals, has been 
eliminated. The revised Part 5 contains the appellant certification, 
presently included in Part 1 of the form, along with the Privacy Act 
Statement and Public Reporting Burden.
    Appendix A and B: As previously noted, Appendix A provides 
information regarding affirmative defenses and IRA, USERRA, and VEOA 
appeals, as well as the special time limits for filing such appeals, 
making this material available to those to whom it applies, while 
otherwise streamlining and simplifying the appeal form itself. Appendix 
B provides full contact information for each of the Board's regional 
offices, together with their corresponding geographic areas.

Estimated Reporting Burden

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995, the MSPB is soliciting comments on the public reporting burden 
for this information collection. The public reporting burden for this 
collection of information is estimated to vary from 20 minutes to 4 
hours, with an average of 60 minutes per response, including time for 
reviewing the form and instructions, searching existing data sources, 
gathering the data necessary, and completing and reviewing the 
collection of information.
    Specifically, 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 the 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.

                                                            Estimated Annual Reporting Burden
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                                                                                                                           Hours per
                            5 CFR Parts                               Annual number    Frequency per     Total annual       response       Total hours
                                                                      of respondents      response        responses        (average)
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1201, 1208, and 1209...............................................           7,150                1            7,150              1.0            7,150
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William D. Spencer,
Clerk of the Board.
[FR Doc. 2012-29072 Filed 11-30-12; 8:45 am]
BILLING CODE 7400-01-P