Rule2026-04315
Cooperation With the Office of Special Counsel of the Merit Systems Protection Board
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
March 4, 2026
Effective
March 4, 2026
Issuing agencies
Defense Department
Abstract
This final rule removes this DoD regulation concerning cooperation with the Office of Special Counsel (OSC) in carrying out OSC's responsibilities to conduct investigations of alleged prohibited personnel practices and ensure the investigation of other allegations of improper or illegal conduct that OSC refers to DoD. This part does not reflect the current policy set forth in the DoD directive referenced in the SUPPLEMENTARY INFORMATION section, and is being removed rather than updated. The rule does not impose obligations on members of the public. Therefore, this part may be removed from the CFR.
Full Text
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<title>Federal Register, Volume 91 Issue 42 (Wednesday, March 4, 2026)</title>
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[Federal Register Volume 91, Number 42 (Wednesday, March 4, 2026)]
[Rules and Regulations]
[Page 10516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04315]
[[Page 10516]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 145
[Docket ID: DOD-2025-OS-0441]
RIN 0790-AL88
Cooperation With the Office of Special Counsel of the Merit
Systems Protection Board
AGENCY: Office of the General Counsel, Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: This final rule removes this DoD regulation concerning
cooperation with the Office of Special Counsel (OSC) in carrying out
OSC's responsibilities to conduct investigations of alleged prohibited
personnel practices and ensure the investigation of other allegations
of improper or illegal conduct that OSC refers to DoD. This part does
not reflect the current policy set forth in the DoD directive
referenced in the SUPPLEMENTARY INFORMATION section, and is being
removed rather than updated. The rule does not impose obligations on
members of the public. Therefore, this part may be removed from the
CFR.
DATES: This final rule is effective March 4, 2026.
FOR FURTHER INFORMATION CONTACT: William R. Sprance, 703-571-9457.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule removes this DoD regulation concerning cooperation
with the OSC in carrying out OSC's responsibilities under Public Law
95-454 and 5 CFR parts 1201 and 1250 to conduct investigations of
alleged prohibited personnel practices and ensure the investigation of
other allegations of improper or illegal conduct that OSC refers to
DoD. Part 145 does not reflect the current policy set forth in DoD
Directive 5500.19, ``Cooperation with the United States Office of
Special Counsel (OSC),'' May 4, 2004 (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/550019p.pdf?ver=DfZFJBjmU3vWP8sAiq_dFQ%3d%3d">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/550019p.pdf?ver=DfZFJBjmU3vWP8sAiq_dFQ%3d%3d</a>), and is being removed
rather than updated.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
It has been determined that publication of this final rule in the
CFR for public comment is impracticable, unnecessary, and contrary to
public interest, because DoD is merely removing a provision no longer
in effect. On May 9, 1986, part 145 was published as a final rule at 51
Federal Register 17178.
III. E.O. 12866, ``Regulatory Planning and Review,'' and E.O. 13563,
``Improving Regulation and Regulatory Review''
E.O.s 12866 and 13563 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). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This is not a
significant regulatory action and, therefore, was not subject to review
under section 3(f) of E.O. 12866, dated September 30, 1993.
IV. E.O. 14192, Unleashing Prosperity Through Deregulation''
This rule is not subject to E.O. 14192, because this rule is not a
significant regulatory action under E.O. 12866.
V. Congressional Review Act (5 U.S.C. 801 et seq.)
Pursuant to the Congressional Review Act, this rule has not been
designated a major rule, as defined by 5 U.S.C. 804(2).
VI. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et
seq.)
It has been that certified this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
VII. Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before
issuing any rule whose mandates require spending in any 1 year of $100
million in 1995 dollars, updated annually for inflation. This rule will
not mandate any requirements for state, local, or tribal governments,
and will not affect private sector costs.
VIII. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. 3501 et
seq.)
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
IX. E.O. 13132, ``Federalism''
E.O. 13132 establishes certain requirements that an agency must
meet when it promulgates a final rule that imposes substantial direct
requirement costs on state and local governments, preempts state law,
or otherwise has federalism implications. This rule will not have a
substantial effect on State and local governments.
X. E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments''
E.O. 13175 establishes certain requirements that an agency must
meet when it promulgates a final rule that imposes substantial direct
compliance costs on one or more Indian tribes, preempts tribal law, or
effects the distribution of power and responsibilities between the
Federal Government and Indian tribes. This rule will not have a
substantial effect on Indian tribal governments.
List of Subjects in 32 CFR Part 145
Equal employment opportunity, Government employees, Investigations,
Merit Systems Protection Board.
PART 145--[REMOVED]
0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 145 is
removed.
Dated: March 2, 2026.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2026-04315 Filed 3-3-26; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on March 4, 2026.
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