59992 Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / Rules and Regulations

List of Subjects in 5 CFR Part 1201

Administrative practice and

procedure, Civil rights, Government

employees.

Accordingly, the Board amends 5 CFR

part 1201 as follows:

PART 1201—[AMENDED]

1. The authority citation for part 1201

continues to read as follows:

Authority: 5 U.S.C. 1204 and 7701, and 38

U.S.C. 4331, unless otherwise noted.

§ 1201.22 [Amended]

2. Section 1201.22 is amended by

revising paragraph (b) to read as follows:

* * * * *

(b) Time of filing. An appeal must be

filed no later than 30 days after the

effective date, if any, of the action being

appealed, or 30 days after the date of

receipt of the agency’s decision,

whichever is later. The time for filing is

computed in accordance with §1201.23

of this part. A response to an appeal

must be filed within 20 days of the date

of the Board’s acknowledgment order.

* * * * *

§ 1201.27 [Amended]

3. Section 1201.27 is amended at

paragraph (b) by revising the second

sentence to read as follows:

* * * * *

(b) * * * If the judge denies the

request, the appellants affected by the

decision may file individual appeals

within 30 days after the date of receipt

of the decision denying the request to be

heard as a class appeal. * * *

* * * * *

§ 1201.113 [Amended]

4. Section 1201.113 is amended by

revising paragraphs (a) and (d) to read

as follows:

* * * * *

(a) Exceptions. The initial decision

will not become final if any party files

a petition for review within the time

limit for filing specified in § 1201.114 of

this part, or if the Board reopens the

case on its own motion.

* * * * *

(d) Extensions. The Board may extend

the time limit for filing a petition for

good cause shown as specified in

§ 1201.114 of this part.

* * * * *

§ 1201.114 [Amended]

5. Section 1201.114 is amended at

paragraph (d) by revising the first

sentence to read as follows:

* * * * *

(d) * * * Any petition for review

must be filed within 35 days after the

date of issuance of the initial decision

or, if the petitioner shows that the initial

decision was received more than 5 days

after the date of issuance, within 30

days after the date the petitioner

received the initial decision. * * *

* * * * *

§ 1201.154 [Amended]

6. Section 1201.154 is amended by

revising paragraph (a) and the first

sentence of paragraph (d) to read as

follows:

* * * * *

(a) Where the appellant has been

subject to an action appealable to the

Board, he or she may either file a timely

complaint of discrimination with the

agency or file an appeal with the Board

no later than 30 days after the effective

date, if any, of the action being

appealed, or 30 days after the date of

receipt of the agency’s decision on the

appealable action, whichever is later.

* * * * *

(d) If the appellant has filed a

grievance with the agency under its

negotiated grievance procedure in

accordance with 5 U.S.C. 7121, he or

she may ask the Board to review the

final decision under 5 U.S.C. 7702

within 35 days after the date of issuance

of the decision or, if the appellant

shows that the decision was received

more than 5 days after the date of

issuance, within 30 days after the date

the appellant received the decision.

* * *

* * * * *

Dated: October 31, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–29311 Filed 11–5–97; 8:45 am]

BILLING CODE 7400–01–U

MERIT SYSTEMS PROTECTION

BOARD

5 CFR Part 1209

Practices and Procedures for Appeals

and Stay Requests of Personnel

Actions Allegedly Based on

Whistleblowing

AGENCY: Merit Systems Protection

Board.

ACTION: Final rule.

SUMMARY: The Merit Systems Protection

Board is amending its rules of practice

and procedure for whistleblower

appeals to change the time limits for

filing. The amendment to the time limit

for filing an individual right of action

(IRA) appeal is intended to ensure that

an appellant has the full 60 days

required by law to file after being

provided notification by the Special

Counsel that an investigation has been

terminated. The amendment to the time

limit for filing a whistleblower appeal

after a judge’s ruling on a stay request

is intended to ensure that an appellant

has a full 30 days to file after receipt of

the ruling. The purpose of these

amendments is to provide guidance to

the parties to MSPB cases and their

representatives regarding filing

requirements. The Board is

simultaneously amending its rules at 5

CFR part 1201 with respect to the time

limits for filing other appeals and

petitions for review.

EFFECTIVE DATE: November 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert E. Taylor, Clerk of the Board,

(202) 653–7200.

SUPPLEMENTARY INFORMATION: The

provisions of the Whistleblower

Protection Act of 1989 (Pub. L. 101–12)

governing a whistleblower’s filing of an

individual right of action (IRA) appeal

with the Board require that such an

appeal be filed no more than 60 days

after notification by the Special Counsel

that an investigation into the

whistleblower’s allegations has been

terminated. 5 U.S.C. 1214(a)(3)(A)(ii)

and 1221(a). The statutory language

does not specify whether the 60-day

period begins to run from the date of the

Special Counsel’s notice or the date of

the whistleblower’s receipt of that

notice.

Prior to this amendment, the Board’s

implementing regulation at 5 CFR

1209.5(a) required that an IRA appeal be

filed no later than 65 days after the date

of issuance of the Office of Special

Counsel’s written notification that it

was terminating its investigation of the

appellant’s allegations. This established

a clear date on which the time for filing

began to run and allowed an additional

5 days for the notice to be mailed and

received by an appellant before the 60-

day statutory period began.

Delay by the Office of Special Counsel

in mailing the notice and/or a delay by

the U.S. Postal Service could result in

an appellant having less than 60 days to

file an appeal with MSPB. If an

appellant did not receive the Special

Counsel’s notice until after the 65-day

time period for filing expired, an IRA

appeal might be dismissed as untimely.

To ensure that each IRA appellant has

a full 60 days for filing with the Board

after receipt of a notice from the Special

Counsel, the Board is amending its

regulation at 5 CFR 1209.5(a)(1) to

require that an IRA appeal be filed no

later than 65 days after the date of

issuance of the Office of Special

Counsel’s written notification or, if the
Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / Rules and Regulations 59993

appellant shows that the Special

Counsel’s notification was received

more than 5 days after the date of

issuance, within 60 days after the date

the appellant received the Special

Counsel’s notification.

This regulatory action does not affect

the provisions of law and regulation

permitting an appellant to file an IRA

appeal with the Board anytime after 120

days have passed since filing with the

Special Counsel if he or she has not

received notification that the Special

Counsel will seek corrective action from

the Board. 5 U.S.C. 1214(a)(3)(B) and 5

CFR 1209.5(a)(2).

A whistleblower affected by an action

that is directly appealable to the Board

may choose to seek corrective action

from the Special Counsel first or may

file an otherwise appealable action

(OAA) appeal directly with the Board. 5

U.S.C. 1221(b) and 5 CFR 1209.5(b). An

appellant who chooses to go to the

Special Counsel first is subject to the

same time limit for filing as an IRA

appellant under the amended 5 CFR

1209.5(a)(1). An appellant who appeals

directly to the Board is subject to the

same time limit that applies to other

appeals under the Board’s regulation at

5 CFR 1201.22(b), which is being

amended simultaneously with this

amendment. Under the amended 5 CFR

1201.22(b), an appellant must file no

later than 30 days after the effective

date, if any, of the action being

appealed, or 30 days after the date of

receipt of the agency’s decision,

whichever is later.

The Board is also amending its

regulation at 5 CFR 1209.5(c) to ensure

that an appellant who has filed a stay

request before filing a whistleblower

appeal (IRA or OAA) has a full 30 days

to file after the date the appellant

receives the judge’s ruling on the stay

request. This amendment corresponds

to the amendments being made

simultaneously to various filing

requirements in 5 CFR part 1201.

The Board is publishing this rule as

a final rule pursuant to 5 U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1209

Administrative practice and

procedure, Civil rights, Government

employees.

Accordingly, the Board amends 5 CFR

part 1209 as follows:

PART 1209—[AMENDED]

1. The authority citation for part 1209

continues to read as follows:

Authority: 5 U.S.C. 1204, 1221, 2302(b)(8),

and 7701.

§1209.5 [Amended]

2. Section 1209.5 is amended by

revising paragraph (a)(1) and the first

sentence of paragraph (c) to read as

follows:

* * * * *

(a) * * *

(1) No later than 65 days after the date

of issuance of the Office of Special

Counsel’s written notification to the

appellant that it was terminating its

investigation of the appellant’s

allegations or, if the appellant shows

that the Special Counsel’s notification

was received more than 5 days after the

date of issuance, within 60 days after

the date the appellant received the

Special Counsel’s notification; or,

* * * * *

(c) * * * Where an appellant has

filed a request for a stay with the Board

without first filing an appeal of the

action, the appeal must be filed within

30 days after the date the appellant

receives the order ruling on the stay

request. * * *

Dated: October 31, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–29312 Filed 11–5–97; 8:45 am]

BILLING CODE 7400–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–95–AD; Amendment 39–

10192; AD 97–23–04]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Pilatus Aircraft Ltd. (Pilatus)

Models PC–12 and PC–12/45 airplanes.

This AD requires replacing the fuel tank

vent valves with modified fuel tank vent

valves. This AD is the result of

mandatory continued airworthiness

information (MCAI) issued by the

airworthiness authority for Switzerland.

The actions specified by this AD are

intended to prevent the fuel tank inward

vent valve from freezing, which, if

followed by a cold soak at altitude,

could result in wing airfoil distortion

and structural damage with consequent

degradation of the airplane’s handling

qualities.

DATES: Effective December 1, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

1, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 8, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–95–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Pilatus

Aircraft Ltd., CH–6370 Stans,

Switzerland. This information may also

be examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–95–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Roman T. Gabrys, Aerospace Engineer,

FAA, Small Airplane Directorate, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6934;

facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Discussion

The Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, recently

notified the FAA that an unsafe

condition may exist on Pilatus Models

PC–12 and PC–12/45 airplanes. The

FOCA reports an instance of abnormal

automatic engagement of the fuel

booster pumps during normal operation

of a Pilatus Model PC–12 airplane. The

FOCA’s investigation reveals that the

fuel tank inward vent valves may fail in

the closed position under certain

conditions. Moisture ingestion, followed

by cold soak, can lead to the fuel tank

inward vent valve freezing. This

condition, if not corrected, could result

in wing airfoil distortion and structural

damage with consequent degradation of

the airplane’s handling qualities.

Relevant Service Information

Pilatus issued Service Bulletin No.

28–003, Revision 1, dated September 30,

1997, which specifies procedures for

replacing the fuel tank vent valves with

modified fuel tank vent valves.

The FOCA of Switzerland classified

this service bulletin as mandatory and