Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Merit Systems Protection Board

# AGENCY:

Merit Systems Protection Board.

# ACTION:

Notice.

# SUMMARY:

                        On January 25, 2010, the MSPB published in the                         **Federal Register**                         (                        *see*75 FR 3939) a Notice of the opportunity to file amicus briefs in the matter of                         *Crumpler*                         v                        *. Department of Defense,*                         MSPB Docket Number DC-0752-09-0033-R-1, 2009 MSPB 233. Although the                         *Crumpler*                         case is now settled, the legal issue raised in that matter and noted in the January 25                         **Federal Register**                         notice remains unresolved. The cases of                         *Conyers*                         v.                         *Department of Defense,*                         Docket No. CH-0752-09-0925-I-1, and                         *Northover*                         v.                         *Department of Defense,*                         Docket No. AT-0752-10-0184-I-1, involve the same legal issue.                    

*Conyers*                         and                         *Northover*                         raise the question of whether, pursuant to 5 CFR Part 732, National Security Position, the rule in                         *Department of the Navy*                         v.                         *Egan,*                         484 U.S. 518, 530-31 (1988), limiting the scope of MSPB review of an adverse action based on the revocation of a security clearance also applies to an adverse action involving an employee in a “non-critical sensitive” position due to the employee having been denied continued eligibility for employment in a sensitive position.                    

                        Interested parties may submit amicus briefs or other comments on this issue no later than March 1, 2010. Amicus briefs must be filed with the Clerk of the Board. Briefs shall not exceed 15 pages in length. The text shall be double-spaced, except for quotations and footnotes, and the briefs shall be on 8                        1/2                        ; by 11 inch paper with one inch margins on all four sides.                    

      ( print page 6729)    

# DATES:

All briefs submitted in response to this notice shall be filed with the Clerk of the Board on or before March 1, 2010.

# ADDRESSES:

                        All briefs shall be entitled “Amicus Brief,                         *Conyers*                         and                         *Northover.”*                         Only one copy of the brief need be submitted. Briefs must be filed with the Office of the Clerk of the Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419.                    

# FOR FURTHER INFORMATION CONTACT:

Matthew Shannon, Deputy Clerk of the Board, (202) 653-7200.

Dated: February 4, 2010.

William D. Spencer, 

Clerk of the Board.

[FR Doc. 2010-2890 Filed 2-9-10; 8:45 am]

BILLING CODE 7400-01-P