Notice2023-17082
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
August 9, 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 (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.
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53929-53930]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#e887819a89c69b9d8a85819b9b818786a887858ac68d8798c68f879e"><span class="__cf_email__" data-cfemail="b3dcdac1d29dc0c6d1dedac0c0dadcddf3dcded19dd6dcc39dd4dcc5">[email protected]</span></a>.
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 (<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#3c4c4e554a5d5f457c514f4c5e125b534a"><span class="__cf_email__" data-cfemail="4434362d3225273d04293734266a232b32">[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#d3a3a1baa5b2b0aa93bea0a3b1fdb4bca5"><span class="__cf_email__" data-cfemail="9fefedf6e9fefce6dff2eceffdb1f8f0e9">[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
[[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]
BILLING CODE 7400-01-P
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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.