[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 25026-25028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08650]


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MERIT SYSTEMS PROTECTION BOARD


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Merit Systems Protection Board.

ACTION: 60-Day notice and request for comments.

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SUMMARY: The U.S. Merit Systems Protection Board (MSPB or Board) is 
seeking approval of a new Information Collection Request (ICR) in 
accordance with the Paperwork Reduction Act (PRA). The ICR will be 
submitted to the Office of Management and Budget (OMB) for review and 
clearance. This information collection is part of MSPB's statutory 
mission to adjudicate appeals of certain Federal agency personnel and 
retirement actions and certain alleged violations of law. The 
information collection instruments consist of the Initial Appeal Form 
in different collection mediums: paper, PDF, and through MSPB's 
electronic filing

[[Page 25027]]

system, e-Appeal. Through this collection and approval process, MSPB is 
complying with normal clearance procedures. The purpose of this notice 
is to allow 60 days for public comment preceding submission of the 
collection to the OMB.

DATES: Consideration will be given to all comments received by June 26, 
2023.

ADDRESSES: Submit comments by using only one of the following methods:
    (1) Email. Submit comments to [email protected].
    (2) Mail. Submit comments to D. Fon Muttamara, Chief Privacy 
Officer, Office of the Clerk of the Board, U.S. Merit Systems 
Protection Board, 1615 M Street NW, Washington, DC 20419.
    (3) Fax. Submit comments to (202) 653-7130.
    All comments must reference OMB Control No. 3124-0NEW, E-Appeal/
U.S. Merit Systems Protection Board Appeal Form. Regardless of the 
method used for submitting comments or material, all submissions will 
be posted, without change, to MSPB's website (www.mspb.gov) and will 
include any personal information you provide. Therefore, submitting 
this information makes it public.

FOR FURTHER INFORMATION CONTACT: D. Fon Muttamara, Chief Privacy 
Officer, at [email protected]; (202) 653-7200. You may submit written 
questions to the Office of the Clerk of the Board by any of the 
following methods: by email to [email protected] or by mail to Clerk of 
the Board, U.S. Merit Systems Protection Board, 1615 M Street NW, 
Washington, DC 20419. Please reference OMB Control No. 3124-0NEW, E-
Appeal/U.S. Merit Systems Protection Board Appeal Form, with your 
questions.

SUPPLEMENTARY INFORMATION: MSPB has a currently approved collection, 
OMB No. 3124-0009, E-Appeal/U.S. Merit Systems Protection Board Appeal 
Form, which will be discontinued once this collection has been 
approved. The Initial Appeal Form (Form 185) for this new collection is 
substantially similar to the currently approved Initial Appeal Form. 
Also following approval of this new collection, MSPB will deploy a new, 
modernized platform for its e-Appeal system that collects the 
information required to initiate an appeal. MSPB is requesting public 
comments on the new Initial Appeal Form.MSPB is authorized to 
adjudicate appeals of certain Federal agency personnel and retirement 
actions and certain alleged violations of law. See 5 U.S.C. 7701(a); 5 
U.S.C. 1204. The Board has published its regulations for processing 
appeals at 5 CFR parts 1201, 1208, and 1209, which include the 
information required to be submitted to initiate a new appeal. 
Individuals must provide this information in writing and are not 
required to use a particular format.
    The purpose of collecting the information is to ensure that 
individuals submit the required information to file an appeal, as set 
forth in MSPB's regulations. While no specific format is required, MSPB 
provides an appeal form, MSPB Form 185 (Initial Appeal Form), to assist 
individuals in the efficient and timely submission of the information.
    As set forth in statute and regulation, MSPB is a quasi-judicial 
agency of limited jurisdiction. The Board's regulations require that 
appellants provide certain information when filing an appeal so that 
the Board can determine whether it has jurisdiction over the appeal and 
whether the appeal has been filed within the applicable time limit. 
Although an appeal may be filed in any format, including letter form, 
the Initial Appeal Form is designed to assist individuals in submitting 
the required information, and to ensure that individuals file appeals 
that meet the jurisdictional requirements of MSPB. The information 
required to file an appeal is set forth at 5 CFR 1201.24, 1208.13, 
1208.23, and 1209.6. Once obtained, this information allows MSPB to 
docket the appeal for assignment to an administrative judge to 
adjudicate the appeal. If this information is not collected, the 
process of determining whether MSPB has jurisdiction over any given 
appeal and any subsequent adjudication will be less efficient and more 
time consuming.
    While this is a new information collection, MSPB has a currently 
approved information collection, OMB No. 3124-0009, which collects the 
same information. MSPB has used the information collected through OMB 
No. 3124-0009 to determine whether MSPB has jurisdiction over any given 
appeal, and to docket those appeals for adjudication. MSPB is 
submitting this information collection as a new collection--instead of 
a renewal of the existing collection--to make an administrative change 
to the type of collection in accordance with the PRA. This change is 
unrelated to the overall purpose and use of the information collection. 
Following OMB approval of this new collection, the existing collection, 
OMB No. 3124-0009, will be discontinued.

Appeal Form 185

    The Initial Appeal Form (Form 185) for this new collection is 
substantially similar to the currently-approved Initial Appeal Form 
with the following updates. The instructions at the beginning of the 
PDF version of the Initial Appeal Form have been updated to address 
changes in laws or regulations. In addition, the Privacy Act Statement 
and Public Reporting Burden notice have been updated and moved to the 
second page of the Initial Appeal Form. The list of agency personnel 
actions in Part 2 of the Initial Appeal Form has been updated to 
address changes in laws. Other non-substantive formatting issues have 
been made throughout the Initial Appeal Form.
    Title: Information Collection Submission for ``E-Appeal/U.S. Merit 
Systems Protection Board Appeal Form.''
    OMB Number: 3124-0NEW.
    Type of Information Collection: This will be a new information 
collection.
    ICR Status: MSPB intends to request approval of a new information 
collection from OMB under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3506 and 3507). An Agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information, 
unless it displays a currently valid OMB control number.
    Abstract of Proposed Collection: This information collection is 
necessary to ensure that individuals submit the required information to 
file an appeal, as set forth in MSPB's regulations, including 
information about the appellant and the personnel action or decision 
that is being appealed.
    Affected Public: Individuals and Households.
    Estimated Total Number of Respondents: 5,000.
    Estimated Frequency of Responses: Once per year.
    Estimated Total Average Number of Responses for Each Respondent: 1.
    Estimated Total Annual Burden Hours: 7,500.
    Estimated Total Cost: $294,075.
    Comments: Comments should be submitted as indicated in the 
ADDRESSES caption above. Comments are solicited to: (a) evaluate 
whether the collection of information is necessary for the proper 
performance of the functions of MSPB, including whether the information 
shall have practical utility; (b) evaluate the accuracy of MSPB's 
estimate of the

[[Page 25028]]

burden of the collection of information; (c) enhance the quality, 
utility, and clarity of the information to be collected; (d) minimize 
the burden of the collection of information on respondents, including 
through the use of automated collection techniques or other forms of 
information technology; and (e) evaluate the estimates of capital or 
start-up costs and costs of operation, maintenance, and purchase of 
services to provide information. Burden means the total time, effort, 
or financial resources expended by persons to generate, maintain, 
retain, disclose or provide information to or for a Federal agency. 
This includes the time needed to review instructions; to develop, 
acquire, install and utilize technology and systems for the purpose of 
collecting, validating and verifying information, processing and 
maintaining information, and disclosing and providing information; to 
train personnel and to be able to respond to a collection of 
information, to search data sources, to complete and review the 
collection of information; and to transmit or otherwise disclose the 
information.

Jennifer Everling,
Acting Clerk of the Board.
[FR Doc. 2023-08650 Filed 4-24-23; 8:45 am]
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