[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53929-53930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17082]


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MERIT SYSTEMS PROTECTION BOARD


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Merit Systems Protection Board.

ACTION: 30-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 
(Form 185) in different collection mediums: paper, PDF, and through 
MSPB's electronic filing system, e-Appeal. Through this collection and 
approval process, MSPB is complying with normal clearance procedures. 
The purpose of this notice is to allow 30 days for public comment after 
submission of the collection to OMB.

DATES: Consideration will be given to all comments received by 
September 8, 2023.

ADDRESSES: Submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, OMB. 
Comments should be addressed to the Desk Officer for the Merit Systems 
Protection Board and sent via electronic mail to 
[email protected].
    All comments must reference OMB Control No. 3124-0NEW, E-Appeal/
U.S. Merit Systems Protection Board. 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

[[Page 53930]]

Board Appeal Form, with your questions.

SUPPLEMENTARY INFORMATION: 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. 
Included in this process are collections related to the administration 
of the appeals process, including point of contact information for 
appellant attorney representatives who will use the e-Appeal system and 
a technical support request form for e-Appeal users.
    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 or 
administrative law 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.

Law Firm Point of Contact Collection Form

    The law firm point of contact collection form is a new instrument 
that will collect information to support functionality in MSPB's new e-
Appeal system used by attorneys who are the designated representatives 
of individuals filing an appeal with MSPB.

e-Appeal Technical Support Collection Form

    The e-Appeal technical support collection form will collect 
information from individuals who experience technical issues with 
MSPB's new e-Appeal system.
    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 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. 2023-17082 Filed 8-8-23; 8:45 am]
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