This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

67055 

Vol. 88, No. 188 

Friday, September 29, 2023 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Part 1201 

Organization and Procedures 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or the Board) is launching 

an updated electronic filing (e-filing) 

system, e-Appeal, on October 2, 2023, in 

support of MSPB’s agency-wide 

initiative to modernize its technology, 

gain new efficiencies, and improve the 

e-filing experience for our external 

users. MSPB hereby amends its rules of 

practice and procedure to require all 

pleadings filed by agencies and 

attorneys who represent appellants in 

MSPB proceedings to be electronically 

filed (e-filed). This requirement will 

apply to all pleadings in all adjudicatory 

proceedings before the Board except 

those specifically excluded by this 

interim final rule. 

DATES: This interim final rule is 

effective October 2, 2023. Submit 

written comments concerning this 

interim final rule on or before December 

31, 2023. 

ADDRESSES: Submit comments by using 

only one of the following methods: 

Email: mspb@mspb.gov. Include 

‘‘Amendments to E-filing Regulations’’ 

in the subject line of the email. 

Fax: (202) 653–7130. 

Mail or other commercial delivery: 

Jennifer Everling, Acting Clerk of the 

Board, Merit Systems Protection Board, 

1615 M Street NW, Washington, DC 

20419. 

Instructions: All comments must 

reference ‘‘Amendments to E-filing 

Regulations.’’ Regardless of the method 

used for submitting comments or 

material, all submissions will be posted, 

without change, to MSPB’s website 

(www.mspb.gov) and will include any 

personal information you provide. 

Therefore, submitting this information 

makes it public. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Everling, Acting Clerk of the 

Board, Merit Systems Protection Board, 

1615 M Street NW, Washington, DC 

20419; phone: (202) 653–7200; fax: (202) 

653–7130; email: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 26, 2008, MSPB issued 

final regulations at 5 CFR parts 1201, 

1203, 1208, and 1209 governing e-filing. 

73 FR 10127. Under those regulations, 

virtually any type of pleading could be 

filed electronically via MSPB’s e-filing 

application. In the February 26, 2008 

Federal Register notice, MSPB 

announced that it was giving serious 

consideration to mandating e-filing for 

agencies and attorneys who represent 

appellants in MSPB proceedings. 73 FR 

10127–28. 

On October 13, 2011, MSPB issued an 

interim final rule, with request for 

comments, launching a pilot program 

under which the Washington Regional 

Office (WRO) and Denver Field Office 

(DEFO) required all pleadings filed by 

agencies and attorneys who represent 

appellants in MSPB proceedings to be efiled. In the October 13, 2011 Federal 

Register notice, MSPB noted that should 

the pilot program in WRO and DEFO 

prove to be successful, the Board would 

consider proposing a final 

comprehensive rule that would make efiling mandatory for agencies and 

attorneys who represent appellants. 

Since the launch of the pilot program, 

the proportion of pleadings e-filed has 

steadily increased. In fiscal year 2022, 

85% of initial appeals and 95% of 

pleadings were filed electronically using 

MSPB’s e-filing application. 

On October 2, 2023, MSPB will 

launch an updated e-filing system, eAppeal. The extensive capabilities of 

MSPB’s current e-filing application that 

allow appellants, their representatives, 

and agencies to e-file an appeal and 

pleadings and view case records will 

still be available in the new, 

modernized e-Appeal system. 

Additionally, in the new e-Appeal, 

parties and their representatives will 

have access to a dashboard that allows 

management of all their Board cases and 

case materials in one place, providing 

new efficiencies for our customers. 

Although MSPB’s current e-filing 

application has been valuable to both 

MSPB and its customers, some benefits 

can only be fully realized by 

maximizing the number of pleadings 

that are e-filed. By requiring e-filing for 

agencies and attorneys who represent 

appellants, MSPB can improve 

efficiency in adjudication and reduce 

costs associated with the need to scan 

pleadings that are submitted in paper 

form. 

Finally, while these amendments are 

being issued immediately as interim 

final rules, the Board still requests that 

all stakeholders or other interested 

individuals provide their views on the 

amendments. The Board will thoroughly 

consider all input and respond to all 

comments as necessary. 

II. Summary of Changes 

Set forth below is a summary of 

amendments being implemented by 

MSPB. 

Part 1201—Practices and Procedures 

Subpart B—Procedures for Appellate 

Cases 

Section 1201.14 Electronic Filing 

Procedures 

This amendment modifies the 

procedures related to e-filing with the 

Board to require agency representatives 

and appellant attorney representatives 

to register as e-filers with MSPB and to 

file all pleadings using MSPB’s eAppeal. The amendment further 

modifies the scope of registration as an 

e-filer to now include all cases a party 

has with MSPB, and the requirements 

for what may be included with 

electronic pleadings in Board appeals. 

The amendment adds the requirement 

for agencies to designate an individual 

agency representative to whom the 

Board will serve a copy of an appeal 

when it is docketed. 

Section 1201.24 Content of an Appeal; 

Right to Hearing 

This amendment modifies the 

requirements for the information 

contained in an appeal to include the 

email address of the appellant and the 

appellant’s representative, if any. 

Because free email addresses are widely 

available, requiring an email address 

should not be an undue burden on 

appellants or appellant non-attorney 

representatives who do not register as efilers. The amendment further removes 


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67056 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

references to the direct link to MSPB’s 

e-Appeal, which can be accessed 

directly from MSPB’s website. 

Section 1201.26 Service of Pleadings 

and Response 

This amendment removes the 

requirement for the appellant to file two 

copies of the appeal with the Board and 

modifies the formatting requirements for 

pleadings filed via postal mail, 

facsimile, or commercial or personal 

delivery in Board appeals. This 

amendment further adds the 

requirements for how audio and video 

evidence may be submitted to the 

Board. 

Appendix II to Part 1201—Appropriate 

Regional or Field Office for Filing 

Appeals 

This amendment reflects the change 

to the contact information of the Board’s 

New York Field Office. Appendix II of 

this part is amended to show the new 

address and facsimile number. The 

geographical areas served by the New 

York Field Office are unchanged. This 

amendment also removes obsolete 

language regarding text-based 

telecommunications capabilities of the 

facsimile numbers for the Board’s 

Regional and Field Offices. 

III. Effective Date of Amendments 

The amendments described above 

will go into effect on October 2, 2023. 

IV. Procedural Requirements 

A. Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(b), MSPB has 

determined that good cause exists for 

waiving the general notice of proposed 

rulemaking and public comment 

procedures as to these technical 

amendments. The notice and comment 

requirements of section 553(b) do not 

apply to interpretive rules, general 

statements of policy, or rules of agency 

organization, procedure, or practice. 

The Board finds that use of an interim 

final rule instead of notice and comment 

rulemaking is appropriate here because 

the amendments contained herein apply 

solely to the Board’s rules of agency 

organization, procedure, or practice. All 

of the amendments solely address how 

appeals proceed at the Board, and do 

not affect any substantive rights of 

parties before the Board or interested 

stakeholders. No substantive changes in 

existing law or policy are effected from 

these amendments. Under these 

circumstances, notice and comment 

rulemaking is unnecessary and not 

required by any public interest. 

B. Regulatory Impact Analysis: 

Executive Order 12866 

MSPB has determined that this is not 

a significant regulatory action under 

E.O. 12866. Therefore, no regulatory 

impact analysis is required. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for rules 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. The RFA applies only to rules 

for which an agency is required to first 

publish a proposed rule. See 5 U.S.C. 

603(a) and 604(a). As discussed above, 

notice and comment rulemaking is 

unnecessary for these changes due to 

the lack of substantive changes being 

made to existing law or policy. Thus, 

the RFA does not apply to this final 

rule. 

D. 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). 

E. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801, et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 5 CFR Part 1201 

Administrative practice and 

procedure. 

Accordingly, for the reasons set forth 

above, 5 CFR part 1201 is amended as 

follows: 

PART 1201—PRACTICES AND 

PROCEDURES [AMENDED] 

■ 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. 

■ 2. Section 1201.14 is revised to read 

as follows: 

§ 1201.14 Electronic filing procedures 

(a) General. This section prescribes 

the rules and procedures by which 

parties and representatives to 

proceedings within the MSPB’s 

appellate and original jurisdiction may 

file and receive documents 

electronically. 

(b) System for electronic filing. (1) The 

MSPB’s e-Appeal system is the 

exclusive system for electronic filing (efiling) with the MSPB. Except as 

specifically provided, the MSPB will 

not accept pleadings filed by email. The 

link to e-Appeal is available at the 

MSPB’s website (https://

www.mspb.gov). 

(2) e-Appeal is a closed system that 

collects and maintains records as part of 

an MSPB system of records and is 

subject to the provisions of the Privacy 

Act of 1974. Access to cases in e-Appeal 

is limited to the parties participating in 

a Board proceeding who have registered 

as e-filers with the MSPB, and 

authorized individuals providing legal 

support to designated representatives. 

(c) Matters subject to electronic filing. 

Subject to the registration requirement 

of paragraph (e) of this section, parties 

and representatives may use e-filing to 

do any of the following: 

(1) File any pleading, including a new 

appeal, in any matter within the MSPB’s 

appellate jurisdiction (§ 1201.3); 

(2) File any pleading, including a new 

complaint, in any matter within the 

MSPB’s original jurisdiction (§ 1201.2); 

(3) File a petition for enforcement of 

a final MSPB decision (§ 1201.182); 

(4) File a request for attorney fees 

(§ 1201.203); 

(5) File a request for compensatory, 

consequential, or liquidated damages 

(§ 1201.204); 

(6) Designate a representative, revoke 

such a designation, or change such a 

designation (§ 1201.31); 

(7) Notify the MSPB of a change in 

contact information such as address 

(geographic or email) or telephone 

number; or 

(8) Receive a requested subpoena from 

the Board for issuance to a witness 

(§ 1201.83). 

(d) Matters excluded from e-filing. Efiling may not be used to: 

(1) File a request to hear a case as a 

class appeal or any opposition thereto 

(§ 1201.27); 

(2) Serve a subpoena on a witness 

(§ 1201.83); 

(3) File a pleading with the Special 

Panel (§ 1201.137); 

(4) File a pleading that contains 

Sensitive Security Information (SSI) (49 

CFR parts 15 and 1520); 

(5) File a pleading that contains 

classified information (32 CFR part 

2001); or 

(6) File a request to intervene or 

participate as an amicus curiae or file a 

brief as amicus curiae pursuant to 

§ 1201.34. 

(e) Registration as an e-filer. 

(1) The exclusive means to register as 

an e-filer is to follow the instructions at 

e-Appeal using a unique email address. 

(2) Registration as an e-filer 

constitutes consent to accept electronic 

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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67057 

filers and documents issued by the 

MSPB. No one may electronically file a 

new appeal or a pleading with the 

MSPB, or view the case record in an 

assigned appeal, unless registered as an 

e-filer. 

(3) Registration as an e-filer applies to 

all MSPB proceedings with which the efiler is associated in their e-Appeal role 

(appellant, appellant representative, or 

agency representative). If an individual 

requires more than one e-Appeal role 

(e.g., appellant and appellant 

representative), they must register for 

each role separately using a different 

email address. 

(4) All notices, orders, decisions, and 

other documents issued by the MSPB, as 

well as all pleadings filed by parties, 

will be made available for viewing and 

downloading at e-Appeal. Access to 

documents at e-Appeal is limited to the 

parties and representatives who are 

registered e-filers in the appeals in 

which they were filed. 

(5) Agency representatives and 

appellant attorney representatives must 

register as e-filers. 

(6) Each e-filer must promptly update 

their e-Appeal profile and notify the 

MSPB and other participants of any 

change in their address, telephone 

number, or email address by filing a 

pleading in each pending proceeding 

with which they are associated. 

(7) An appellant or an appellant nonattorney representative may withdraw 

their registration as an e-filer pursuant 

to requirements set forth in e-Appeal 

policies posted to the MSPB’s website. 

Such withdrawal means that, effective 

upon the MSPB’s processing of a proper 

withdrawal, pleadings and MSPB 

documents will no longer be served on 

that person electronically and that 

person will no longer have electronic 

access to their case records through eAppeal. A withdrawal of registration as 

an e-filer may preclude future reregistering as an e-filer. 

(f) Pleadings by e-filers. Agency 

representatives and appellant attorney 

representatives must file all pleadings 

using e-Appeal, except those pleadings 

excluded from e-filing by paragraph (d) 

of this section. A pleading, or any part 

thereof, filed by non-electronic means, 

i.e., via postal mail, facsimile, or 

personal or commercial delivery, may 

be rejected. 

(g) Agency Initial Contacts. (1) 

Agencies are required to designate a 

specific individual as an initial agency 

representative to whom the Board will 

serve a copy of an appeal when it is 

docketed. Agency initial contacts are 

responsible for monitoring case activity 

regularly at e-Appeal. 

(2) Agency initial contacts must be 

designated pursuant to requirements set 

forth in e-Appeal policies posted to the 

MSPB’s website. 

(h) Form of electronic pleadings—(1) 

Electronic formats allowed. E-Appeal 

accepts numerous electronic formats, 

including word-processing and 

spreadsheet formats, Portable Document 

Format (PDF), and image files (files 

created by scanning). A list of formats 

allowed is set forth in e-Appeal policies 

posted to the MSPB’s website. Pleadings 

filed via e-Appeal must be formatted so 

that they will print on 81⁄2-inch by 11- 

inch paper in portrait orientation. 

Parties are responsible for reviewing all 

pleadings to confirm legibility and to 

minimize the inclusion of nonrelevant 

personally identifiable information. 

(2) Requirements for pleadings with 

electronic attachments. An e-filer who 

uploads supporting documents, in 

addition to the document that 

constitutes the primary pleading, must 

identify each attachment, either by 

bookmarking the document using eAppeal, or by uploading the supporting 

documents in the form of one or more 

PDF files in which each attachment is 

bookmarked. Bookmark names must 

comply with requirements set forth in eAppeal policies posted to the MSPB’s 

website and include information such as 

a brief descriptive label with dates (e.g., 

‘‘Oct. 1, 2021—Decision Notice’’). 

(3) Submission of audio and video 

evidence. Audio and video evidence 

must be submitted according to the 

formatting and submission requirements 

set forth in e-Appeal policies posted to 

the MSPB’s website. 

(i) Service of electronic pleadings and 

MSPB documents. (1) When MSPB 

documents are issued or when parties efile any pleadings, e-Appeal will send 

an email notification to other parties 

who are e-filers. When using e-Appeal 

to file a pleading, e-filers will be 

notified of all documents that must be 

served by non-electronic means, and 

they must certify that they will serve all 

such documents no later than the first 

business day after the electronic 

submission. 

(2) Delivery of email can encounter 

failure points. E-filers are responsible 

for ensuring that email from mspb.gov is 

not blocked by filters. 

(3) E-filers are responsible for 

monitoring case activity regularly at eAppeal to ensure that they have 

received all case-related documents. 

(j) Documents requiring a signature. 

Electronic documents filed by an e-filer 

pursuant to this section shall be deemed 

to be signed by the e-filer for purposes 

of any regulation in part 1201, 1203, 

1208, or 1209 of this chapter that 

requires a signature. 

(k) Affidavits and declarations made 

under penalty of perjury. E-filers may 

submit electronic pleadings in the form 

of declarations made under penalty of 

perjury under 28 U.S.C. 1746, as 

described in appendix IV to this part. If 

the declarant is someone other than the 

e-filer, a signed affidavit or declaration 

should be uploaded as an image file or 

with an acceptable digital signature that 

complies with requirements set forth in 

e-Appeal policies posted to the MSPB’s 

website. 

(l) Date electronic documents are filed 

and served. (1) As provided in 

§ 1201.4(l) of this part, the date of filing 

for pleadings filed via e-Appeal is the 

date of electronic submission. All 

pleadings filed via e-Appeal are time 

stamped with Eastern Time, but the 

timeliness of a pleading will be 

determined based on the time zone from 

which the pleading was submitted. For 

example, a pleading filed at 11 p.m. 

Pacific Time on August 20 will be 

stamped by e-Appeal as being filed at 2 

a.m. Eastern Time on August 21. 

However, if the pleading was required 

to be filed with the Washington 

Regional Office (in the Eastern Time 

Zone) on August 20, it would be 

considered timely, as it was submitted 

prior to midnight Pacific Time on 

August 20. 

(2) MSPB documents served 

electronically on e-filers are deemed 

received on the date of electronic 

transmission. 

(m) Authority of MSPB to regulate efiling. (1) A judge or the Clerk of the 

Board may issue orders regulating the 

method of submissions for a particular 

period or particular submissions. 

(2) A judge or the Clerk of the Board 

may require that any document filed 

electronically be submitted in nonelectronic form and bear the written 

signature of the submitter. 

(3) The MSPB may order any party or 

authorized individual to cease 

participation as an e-filer or access to eAppeal in circumstances that constitute 

a misuse of the system or a failure to 

comply with law, rule, regulation, or 

policy governing use of a U.S. 

government information system. 

(4) MSPB reserves the right to revert 

to traditional methods of service. The 

MSPB may serve documents via 

traditional means—postal mail, 

facsimile, commercial or personal 

delivery—at its discretion. Parties and 

their representatives are responsible for 

ensuring that the MSPB always has their 

current postal mailing addresses, even 

when they are e-filers. 


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67058 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

§ 1201.24 [Amended] 

■ 3. Amend § 1201.24 as follows: 

■ a. By removing from the third 

sentence in paragraph (a) introductory 

text the words ‘‘in electronic form’’ and 

adding in their place ‘‘electronically’’; 

■ b. By removing from paragraph (a)(1) 

the words ‘‘and telephone number’’ and 

adding in their place ‘‘telephone 

number, and email address’’; 

■ c. By removing from paragraph (a)(6) 

the words ‘‘and telephone number’’ and 

adding in their place ‘‘telephone 

number, and email address’’; 

■ d. By removing from paragraph (a)(9) 

the words ‘‘the Board’s e-Appeal site 

(https://e-appeal.mspb.gov)’’ and adding 

in their place ‘‘e-Appeal’’; and 

■ e. By removing from paragraph (c) the 

words ‘‘the e-Appeal site (https://eappeal.mspb.gov)’’ and adding in their 

place ‘‘e-Appeal’’ and by removing the 

words ‘‘Board’s Web site’’ and adding in 

their place ‘‘MSPB’s website’’. 

■ 4. Revise § 1201.26 to read as follows: 

§ 1201.26 Service of Pleadings and 

Response 

(a) Service—(1) Service by the Board. 

The appropriate office of the Board will 

notify each party to the proceeding that 

a new appeal has been docketed and 

will attach to the initial order in the 

proceeding a certificate of service, 

consisting of a list of the parties to the 

proceeding or their designated 

representatives. 

(2) Service by the parties. The parties 

must serve on each other one copy of 

each pleading, as defined by § 1201.4(b), 

and all documents submitted with it, 

except for the appeal. They may do so 

by electronic filing in accordance with 

§ 1201.14, postal mail, facsimile, or 

commercial or personal delivery. 

Documents and pleadings must be 

served on each party and each 

representative. A certificate of service 

stating how and when service was made 

must accompany each pleading. The 

parties and their representatives must 

notify the appropriate Board office and 

one another, in a pleading, of any 

changes in their address, telephone 

number, or email address. 

(b) Submission of documents. 

Pleadings and attachments filed via 

postal mail, facsimile, or commercial or 

personal delivery must be filed on 81⁄2- 

inch by 11-inch paper. This requirement 

enables the Board to comply with 

standards established for U.S. courts. 

Paper pleadings and attachments may 

not contain binders, folders, staples, 

paper clips, or notes adhered to pages. 

Such items will be removed and not 

included in the record, or the filing may 

be rejected. Documents may not be 

submitted on an electronic media 

storage device such as a Compact Disc 

(CD), Digital Video Disc (DVD), or flash 

drive. Parties are responsible for 

reviewing all pleadings to confirm 

legibility and to minimize the inclusion 

of nonrelevant personally identifiable 

information. Pleadings filed via eAppeal must adhere to the formatting 

and filing requirements set forth in 

§ 1201.14(h). 

(c) Submission of audio and video 

evidence. Audio and video evidence 

must be submitted according to the 

formatting and submission requirements 

set forth in policies posted to the 

MSPB’s website. 

Appendix II to Part 1201—[Amended] 

■ 5. Amend appendix II to part 1201 by: 

■ a. Removing the second sentence of 

the introductory text; and 

■ b. Removing from paragraph 3a the 

words ‘‘26 Federal Plaza, Room 3137–A, 

New York, New York 10278–0022, 

Facsimile No.: (212) 264–1417’’ and 

adding in their place ‘‘1601 Market 

Street, Suite 1700, Philadelphia, PA 

19103, Facsimile No.: (215) 597–3456’’. 

Jennifer Everling, 

Acting Clerk of the Board. 

[FR Doc. 2023–21272 Filed 9–28–23; 8:45 am] 

BILLING CODE 7400–01–P 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Part 2411 

Availability of Official Information 

AGENCY: Federal Labor Relations 

Authority. 

ACTION: Final rule. 

SUMMARY: The Federal Labor Relations 

Authority (FLRA) amends its 

regulations for processing records under 

the Freedom of Information Act (FOIA). 

The amendments streamline and update 

procedures for requesting information 

from the FLRA and procedures that the 

FLRA follows in responding to requests 

from the public. 

DATES: Effective September 29, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions, please contact 

Thomas Tso, Solicitor, Chief FOIA 

Officer, Federal Labor Relations 

Authority, 1400 K Street NW, 

Washington, DC 20424; (771) 444–5775. 

SUPPLEMENTARY INFORMATION: To adapt 

to recent trends in FOIA requests made 

to the FLRA, the amendments centralize 

and streamline its FOIA request system. 

In addition to some minor nonsubstantive changes to correct 

typographical errors, the FLRA 

consolidates responsibility under the 

FOIA regulations for the FLRA’s threemember Authority component, the 

Office of General Counsel, and the 

Federal Service Impasses Panel by 

transferring those responsibilities to the 

Solicitor of the FLRA (‘‘Solicitor’’) as 

their FOIA representative. The Solicitor 

serves as the agency’s in-house counsel 

and typically as the agency’s Chief FOIA 

Officer. The FLRA revises the relevant 

regulations in order to reflect the 

Solicitor’s role as the representative of 

the Authority, the General Counsel, and 

the Panel for FOIA matters. 

Consistent with the Office of 

Management and Budget’s 2020 Update 

to the Uniform Freedom of Information 

Act Fee Schedule and Guidelines, 85 FR 

81955 (Dec. 17, 2020), and the decision 

of the U.S. Court of Appeals for the 

District of Columbia Circuit addressing 

the ‘‘educational institution’’ fee 

category, the revisions also clarify the 

individuals who may qualify for 

reduced fees as an educational or 

noncommercial scientific institution 

under 5 CFR 2411.13(c)(2). See Sack v. 

Dept. of Defense, 823 F.3d 687, 693 

(D.C. Cir. 2016) (‘‘To be clear, to qualify 

for reduced fees as an educational 

institution, the requester—whether 

teacher or student—must seek the 

information in connection with his or 

her role at the educational institution.’’). 

This rule is internal and procedural 

rather than substantive. It does not 

create a right to obtain FLRA records, 

nor does it create any additional right or 

privilege not already available to the 

public as a result of the FOIA 

Improvement Act of 2016. It merely 

builds upon and clarifies the previous 

agency procedures for processing FOIArelated requests. 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the FLRA has determined that 

these regulations, as amended, will not 

have a significant impact on a 

substantial number of small entities. 

Unfunded Mandates Reform Act of 

1995 

This rule change will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 


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