Agency Information Collection Activities: Renewal With Change of a Currently Approved Information Collection; Comment Request
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Issuing agencies
Abstract
The U.S. Merit Systems Protection Board (MSPB or Board) is seeking to renew with change a currently approved Information Collection Request (ICR) in accordance with the Paperwork Reduction Act (PRA). MSPB will submit the ICR 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 electronically 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
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<title>Federal Register, Volume 91 Issue 172 (Tuesday, September 8, 2026)</title>
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[Federal Register Volume 91, Number 172 (Tuesday, September 8, 2026)]
[Notices]
[Pages 57166-57167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18205]
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MERIT SYSTEMS PROTECTION BOARD
Agency Information Collection Activities: Renewal With Change of
a Currently Approved Information Collection; Comment Request
AGENCY: Merit Systems Protection Board.
ACTION: 60-Day notice and request for comments.
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SUMMARY: The U.S. Merit Systems Protection Board (MSPB or Board) is
seeking to renew with change a currently approved Information
Collection Request (ICR) in accordance with the Paperwork Reduction Act
(PRA). MSPB will submit the ICR 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
electronically 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.
DATES: Consideration will be given to all comments received by November
9, 2026.
ADDRESSES: Submit comments by using only one of the following methods:
(1) Email. Submit comments to <a href="/cdn-cgi/l/email-protection#7c0c0e150a1d1f053c110f0c1e521b130a"><span class="__cf_email__" data-cfemail="2151534857404258614c5251430f464e57">[email protected]</span></a>.
(2) Mail. Submit comments to Gina K. Grippando, Clerk of the Board
and Senior Agency Official for Privacy, 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. 3124-0017. Regardless
of the method used for submitting comments or material, MSPB will post
all submissions, without change, to MSPB's website (<a href="http://www.mspb.gov">www.mspb.gov</a>) and
will include any personal information that you provide. Therefore,
submitting this information makes it public.
FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, Clerk of the Board
and Senior Agency Official for Privacy, at <a href="/cdn-cgi/l/email-protection#f181839887909288b19c828193df969e87"><span class="__cf_email__" data-cfemail="4131332837202238012c3231236f262e37">[email protected]</span></a>. 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#dfafadb6a9bebca69fb2acafbdf1b8b0a9"><span class="__cf_email__" data-cfemail="f080829986919389b09d838092de979f86">[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. 3124-0017
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.Sec. 7701(a); 5 U.S.C.Sec.
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.
Appeal Form 185
The Initial Appeal Form (Form 185) for this renewal is
substantially similar to the currently approved Initial Appeal Form
with the following updates. The Instructions include edits to remove
references to field offices and an update to the Privacy Act Statement
to reflect the current system of records notice for
[[Page 57167]]
appeals and case records. Part 2--Agency Personnel Action or Decision
(non-retirement) includes updates to address changes in laws or
regulations, including recent regulatory revisions that went into
effect on September 2, 2026. Specifically, it removes the following
check boxes: ``Termination during probationary or initial service
period'' and ``Negative suitability determination.'' It also modifies
the check box that currently states ``Separation, demotion or furlough
for more than 30 days by reduction in force (RIF)'' to state
``Reduction-in-force (RIF) action in the Foreign Service.'' And it adds
a new check box for ``Failure to restore to duty from Uniformed Service
or work-related compensable injury.'' Appendix B includes updates to
remove the Denver Field Office and add to the Western Regional Office
the following states: Arizona, Colorado, Kansas (except Kansas City),
Montana, Nebraska, New Mexico, North Dakota, South Dakota, Utah and
Wyoming. There are also non-substantive formatting updates throughout
the Initial Appeal Form.
Law Firm Point of Contact Collection Form
There are no changes to the previously approved form.
e-Appeal Technical Support Collection Form
There are no changes to the previously approved form.
Title: Information Collection Submission for ``E-Appeal/U.S. Merit
Systems Protection Board Appeal Form.''
OMB Number: 3124-0017.
Type of Information Collection: Renewal with Change of a currently
approved information collection.
ICR Status: This ICR is currently set to expire on September 30,
2026. 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: Submit comments as indicated in the ADDRESSES caption
above. MSPB is soliciting comments 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.
Gina K. Grippando,
Clerk of the Board.
[FR Doc. 2026-18205 Filed 9-4-26; 8:45 am]
BILLING CODE 7400-01-P
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