This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

8083 

Vol. 89, No. 25 

Tuesday, February 6, 2024 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Part 1201 

Appellate Jurisdiction Update 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule updates 

the list of sources from which the Merit 

Systems Protection Board (MSPB) 

derives appellate jurisdiction. 

DATES: Comments must be received on 

or before March 7, 2024. 

ADDRESSES: Submit comments by using 

only one of the following methods: 

Email: mspb@mspb.gov. Include 

‘‘Proposed Rule—Appellate 

Jurisdiction’’ in the subject line of the 

email. 

Fax: (202) 653–7130. 

Mail or other commercial delivery: 

Jennifer Everling, Deputy Clerk of the 

Board, Merit Systems Protection Board, 

1615 M Street NW, Washington, DC 

20419. 

Instructions: All comments must 

reference ‘‘Proposed Rule—Appellate 

Jurisdiction.’’ 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. 

To ensure that your comments will be 

considered, you must submit them 

within the specified open comment 

period. Before finalizing this proposed 

rule, MSPB will consider all comments 

within the scope of the regulation 

received on or before the closing date 

for comments. MSPB may make changes 

to the final rule after considering the 

comments received. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Everling, Deputy Clerk of the 

Board, Merit Systems Protection Board, 

1615 M Street NW, Washington, DC 

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

653–7130; or email: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Civil Service Reform Act grants 

the MSPB jurisdiction to hear appeals of 

any action made appealable to the 

MSPB under law, rule, or regulation. 5 

U.S.C. 7701(a). For the ease of the 

MSPB’s stakeholders, the MSPB’s 

regulation at 5 CFR 1201.3 contains a 

list of the types of appeals the MSPB has 

been granted to hear. 

On September 18, 2023, the Office of 

Personnel Management (OPM) proposed 

to create 5 CFR 302.603, which would 

give certain Federal employees moved 

into the excepted service, or moved 

between schedules in the excepted 

service, the ability to appeal any loss of 

appeal rights stemming from that move 

to the MSPB. The MSPB thus proposes 

to amend its list of appealable actions to 

reflect the new appeal right granted by 

the new 5 CFR 302.603. 

The MSPB notes that, should OPM 

modify the language of the proposed 5 

CFR 302.603 in its final rule, the MSPB 

would similarly amend its final version 

of 5 CFR 1201.3 if necessary to adjust 

for OPM’s modification to ensure that 

MSPB’s final rule is coextensive with 

the appeal right granted by OPM. 

II. Scope of Comments Requested 

The MSPB asks commenters to 

provide their view on the regulatory 

amendment proposed by MSPB. 

III. Summary of Changes 

Section 1201.3 Appellate Jurisdiction 

The proposed amendment adds the 

new appeal right created in the 

proposed 5 CFR 302.603 to the currently 

existing list of appealable actions 

identified in § 1201.3(a). 

IV. Procedural Requirements 

A. Regulatory Impact Analysis: 

Executive Order 12866 

The MSPB has examined the impact 

of this rulemaking as required by 

Executive Orders 12866, 13563, and 

14094, which 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). A regulatory impact analysis 

must be prepared for major rules with 

effects of $200 million or more in any 

one year. This rulemaking does not 

reach that threshold but has otherwise 

been designated as a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, as 

supplemented by Executive Orders 

13563 and 14094. 

B. Regulatory Flexibility Act 

The MSPB certifies that this 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities because OPM’s 

proposed rule will apply only to Federal 

agencies and employees, and the 

MSPB’s proposed rule does not in itself 

effect any change, but only reflects 

OPM’s addition to MSPB’s jurisdiction. 

C. 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). 

D. Executive Order 13132, Federalism 

This regulation will not have 

substantial direct effect on the States, on 

the relationship between the National 

Government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132 

(Aug. 10, 1999), it is determined that 

this proposed rule does not have 

sufficient federalism implications to 

warrant preparation of a Federalism 

Assessment. 

E. Executive Order 12988, Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in section 3(a) and 

(b)(2) of Executive Order 12988 (Feb. 7, 

1996). 

F. Unfunded Mandates Reform Act of 

1995 

This rulemaking will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of more than $100 

million annually. Thus, no written 

assessment of unfunded mandates is 

required. 

List of Subjects in 5 CFR Part 1201 

Administrative practice and 

procedure, Civil rights, Government 

employees. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
8084 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 

For the reasons set forth above, 5 CFR 

part 1201 is proposed to be amended as 

follows: 

PART 1201—PRACTICES AND 

PROCEDURES 

■ 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 1201.3 is amended by 

adding paragraph (a)(12) to read as 

follows: 

§ 1201.3 Appellate jurisdiction. 

(a) * * * 

(12) Service or schedule changes. 

Movement of an employee from the 

competitive service to the excepted 

service, or from one schedule in the 

excepted service to a different schedule 

in the excepted service, when such a 

move would strip the employee of any 

status or civil service protections they 

had already accrued. 

* * * * * 

Jennifer Everling, 

Deputy Clerk of the Board. 

[FR Doc. 2024–02528 Filed 2–2–24; 5:00 pm] 

BILLING CODE 7400–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Chapter I 

[Docket ID OCC–2023–0016] 

FEDERAL RESERVE SYSTEM 

12 CFR Chapter II 

[Docket No. OP–1828] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Chapter III 

RIN 3064–ZA39 

Regulatory Publication and Review 

Under the Economic Growth and 

Regulatory Paperwork Reduction Act 

of 1996 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury; Board of 

Governors of the Federal Reserve 

System (Board); Federal Deposit 

Insurance Corporation (FDIC). 

ACTION: Notice of regulatory review; 

request for comments. 

SUMMARY: Pursuant to the Economic 

Growth and Regulatory Paperwork 

Reduction Act of 1996 (EGRPRA), the 

OCC, Board, and FDIC (collectively, the 

agencies) are reviewing agency 

regulations to identify outdated or 

otherwise unnecessary regulatory 

requirements on insured depository 

institutions and their holding 

companies. The agencies divided their 

regulations into 12 categories outlined 

in the included chart. Over the next two 

years, the agencies will publish four 

Federal Register documents requesting 

comment on multiple categories. This 

first Federal Register document requests 

comment on regulations concerning the 

following three categories: Applications 

and Reporting, Powers and Activities, 

and International Operations. 

DATES: Written comments must be 

received no later than May 6, 2024. 

ADDRESSES: Comments should be 

directed to: OCC: Commenters are 

encouraged to submit comments 

through the Federal eRulemaking Portal. 

Please use the title ‘‘Regulatory 

Publication and Review Under the 

Economic Growth and Regulatory 

Paperwork Reduction Act of 1996’’ to 

facilitate the organization and 

distribution of the comments. You may 

submit comments by any of the 

following methods: 

• Federal eRulemaking Portal— 

Regulations.gov: Go to https:// 

regulations.gov/. Enter ‘‘Docket ID OCC– 

2023–0016’’ in the Search Box and click 

‘‘Search.’’ Public comments can be 

submitted via the ‘‘Comment’’ box 

below the displayed document 

information or by clicking on the 

document title and then clicking the 

‘‘Comment’’ box on the top-left side of 

the screen. For help with submitting 

effective comments, please click on 

‘‘Commenter’s Checklist.’’ For 

assistance with the Regulations.gov site, 

please call 1–866–498–2945 (toll free) 

Monday–Friday, 9 a.m.–5 p.m. ET, or 

email regulationshelpdesk@gsa.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, Office 

of the Comptroller of the Currency, 400 

7th Street SW, Suite 3E–218, 

Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street, SW, Suite 3E–218, Washington, 

DC 20219. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘Docket 

ID OCC–2023–0016’’ in your comment. 

In general, the OCC will enter all 

comments received into the docket and 

publish the comments on the 

Regulations.gov website without 

change, including any business or 

personal information provided such as 

name and address information, email 

addresses, or phone numbers. 

Comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

include any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

You may review comments and other 

related materials that pertain to this 

action by the following method: 

• Viewing Comments Electronically— 

Regulations.gov: Go to https:// 

regulations.gov/. Enter ‘‘Docket ID OCC– 

2023–0016’’ in the Search Box and click 

‘‘Search.’’ Click on the ‘‘Dockets’’ tab 

and then the document’s title. After 

clicking the document’s title, click the 

‘‘Browse All Comments’’ tab. Comments 

can be viewed and filtered by clicking 

on the ‘‘Sort By’’ drop-down on the right 

side of the screen or the ‘‘Refine 

Comments Results’’ options on the left 

side of the screen. Supporting materials 

can be viewed by clicking on the 

‘‘Browse Documents’’ tab. Click on the 

‘‘Sort By’’ drop-down on the right side 

of the screen or the ‘‘Refine Results’’ 

options on the left side of the screen 

checking the ‘‘Supporting & Related 

Material’’ checkbox. For assistance with 

the Regulations.gov site, please call 1– 

866–498–2945 (toll free) Monday– 

Friday, 9am–5pm ET, or email 

regulationshelpdesk@gsa.gov. 

The docket may be viewed after the 

close of the comment period in the same 

manner as during the comment period. 

Board: You may submit comments, 

identified by Docket No. OP–1828 by 

any of the following methods: 

• Agency Website: https:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments at 

https://www.federalreserve.gov/ 

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: regs.comments@

federalreserve.gov. Include the docket 

number in the subject line of the 

message. 

• Fax: 202–452–3819 or 202–452– 

3102. 

• Mail: Ann E. Misback, Secretary, 

Board of Governors of the Federal 

Reserve System, 20th Street and 

Constitution Avenue NW, Washington, 

DC 20551. 

Public Inspection: In general, all 

public comments will be made available 

on the Board’s website at 

www.federalreserve.gov/generalinfo/ 

foia/ProposedRegs.cfm as submitted, 

and will not be modified to remove 

confidential, contact or any identifiable 

information. Public comments may also 

be viewed electronically or in paper in 


ddrumheller on DSK120RN23PROD with PROPOSALS1