Proposed Rule2024-02528
Appellate Jurisdiction Update
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
February 6, 2024
Issuing agencies
Merit Systems Protection Board
Abstract
This proposed rule updates the list of sources from which the Merit Systems Protection Board (MSPB) derives appellate jurisdiction.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8083-8084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02528]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 /
Proposed Rules
[[Page 8083]]
MERIT SYSTEMS PROTECTION BOARD
5 CFR Part 1201
Appellate Jurisdiction Update
AGENCY: Merit Systems Protection Board.
ACTION: Proposed rule.
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SUMMARY: This proposed rule updates the list of sources from which the
Merit Systems Protection Board (MSPB) derives appellate jurisdiction.
DATES: Comments must be received on or before March 7, 2024.
ADDRESSES: Submit comments by using only one of the following methods:
Email: <a href="/cdn-cgi/l/email-protection#b6dbc5c6d4f6dbc5c6d498d1d9c0"><span class="__cf_email__" data-cfemail="3e534d4e5c7e534d4e5c10595148">[email protected]</span></a>. Include ``Proposed Rule--Appellate
Jurisdiction'' in the subject line of the email.
Fax: (202) 653-7130.
Mail or other commercial delivery: Jennifer Everling, Deputy Clerk
of the Board, Merit Systems Protection Board, 1615 M Street NW,
Washington, DC 20419.
Instructions: All comments must reference ``Proposed Rule--
Appellate Jurisdiction.'' 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.
To ensure that your comments will be considered, you must submit
them within the specified open comment period. Before finalizing this
proposed rule, MSPB will consider all comments within the scope of the
regulation received on or before the closing date for comments. MSPB
may make changes to the final rule after considering the comments
received.
FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Deputy Clerk of the
Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC
20419; phone: (202) 653-7200; fax: (202) 653-7130; or email:
<a href="/cdn-cgi/l/email-protection#b6dbc5c6d4f6dbc5c6d498d1d9c0"><span class="__cf_email__" data-cfemail="cba6b8bba98ba6b8bba9e5aca4bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Civil Service Reform Act grants the MSPB jurisdiction to hear
appeals of any action made appealable to the MSPB under law, rule, or
regulation. 5 U.S.C. 7701(a). For the ease of the MSPB's stakeholders,
the MSPB's regulation at 5 CFR 1201.3 contains a list of the types of
appeals the MSPB has been granted to hear.
On September 18, 2023, the Office of Personnel Management (OPM)
proposed to create 5 CFR 302.603, which would give certain Federal
employees moved into the excepted service, or moved between schedules
in the excepted service, the ability to appeal any loss of appeal
rights stemming from that move to the MSPB. The MSPB thus proposes to
amend its list of appealable actions to reflect the new appeal right
granted by the new 5 CFR 302.603.
The MSPB notes that, should OPM modify the language of the proposed
5 CFR 302.603 in its final rule, the MSPB would similarly amend its
final version of 5 CFR 1201.3 if necessary to adjust for OPM's
modification to ensure that MSPB's final rule is coextensive with the
appeal right granted by OPM.
II. Scope of Comments Requested
The MSPB asks commenters to provide their view on the regulatory
amendment proposed by MSPB.
III. Summary of Changes
Section 1201.3 Appellate Jurisdiction
The proposed amendment adds the new appeal right created in the
proposed 5 CFR 302.603 to the currently existing list of appealable
actions identified in Sec. 1201.3(a).
IV. Procedural Requirements
A. Regulatory Impact Analysis: Executive Order 12866
The MSPB has examined the impact of this rulemaking as required by
Executive Orders 12866, 13563, and 14094, which direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public, health, and safety effects, distributive impacts, and equity).
A regulatory impact analysis must be prepared for major rules with
effects of $200 million or more in any one year. This rulemaking does
not reach that threshold but has otherwise been designated as a
``significant regulatory action'' under section 3(f) of Executive Order
12866, as supplemented by Executive Orders 13563 and 14094.
B. Regulatory Flexibility Act
The MSPB certifies that this rulemaking will not have a significant
economic impact on a substantial number of small entities because OPM's
proposed rule will apply only to Federal agencies and employees, and
the MSPB's proposed rule does not in itself effect any change, but only
reflects OPM's addition to MSPB's jurisdiction.
C. Paperwork Reduction Act
This document does not contain information collection requirements
subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. Chapter 35).
D. Executive Order 13132, Federalism
This regulation will not have substantial direct effect on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132 (Aug. 10, 1999), it is determined that this proposed rule
does not have sufficient federalism implications to warrant preparation
of a Federalism Assessment.
E. Executive Order 12988, Civil Justice Reform
This regulation meets the applicable standards set forth in section
3(a) and (b)(2) of Executive Order 12988 (Feb. 7, 1996).
F. Unfunded Mandates Reform Act of 1995
This rulemaking will not result in the expenditure by State, local,
or tribal governments, in the aggregate, or by the private sector, of
more than $100 million annually. Thus, no written assessment of
unfunded mandates is required.
List of Subjects in 5 CFR Part 1201
Administrative practice and procedure, Civil rights, Government
employees.
[[Page 8084]]
For the reasons set forth above, 5 CFR part 1201 is proposed to be
amended as follows:
PART 1201--PRACTICES AND PROCEDURES
0
1. The authority citation for part 1201 continues to read as follows:
Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331,
unless otherwise noted.
0
2. Section 1201.3 is amended by adding paragraph (a)(12) to read as
follows:
Sec. 1201.3 Appellate jurisdiction.
(a) * * *
(12) Service or schedule changes. Movement of an employee from the
competitive service to the excepted service, or from one schedule in
the excepted service to a different schedule in the excepted service,
when such a move would strip the employee of any status or civil
service protections they had already accrued.
* * * * *
Jennifer Everling,
Deputy Clerk of the Board.
[FR Doc. 2024-02528 Filed 2-2-24; 5:00 pm]
BILLING CODE 7400-01-P
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