Notice2023-08650
Agency Information Collection Activities; Proposed Collection; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 25, 2023
Issuing agencies
Merit Systems Protection Board
Abstract
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 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 25026-25028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08650]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="/cdn-cgi/l/email-protection#ee9e9c87988f8d97ae839d9e8cc0898198"><span class="__cf_email__" data-cfemail="5020223926313329103d2320327e373f26">[email protected]</span></a>.
(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 (<a href="http://www.mspb.gov">www.mspb.gov</a>) 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 <a href="/cdn-cgi/l/email-protection#2050524956414359604d5350420e474f56"><span class="__cf_email__" data-cfemail="59292b302f383a2019342a293b773e362f">[email protected]</span></a>; (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 <a href="/cdn-cgi/l/email-protection#7f0f0d16091e1c063f120c0f1d51181009"><span class="__cf_email__" data-cfemail="1f6f6d76697e7c665f726c6f7d31787069">[email protected]</span></a> 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]
BILLING CODE 7400-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.