[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54410-54411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18256]


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MERIT SYSTEMS PROTECTION BOARD


Variation From Normal Procedures--Effects of Hurricane Katrina

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: Notice is hereby given of variations from the Board's normal 
case processing procedures as a result of Hurricane Katrina and the 
related relief efforts in the gulf coast region of the United States.

DATES: This rule is effective September 14, 2005.

FOR FURTHER INFORMATION CONTACT: Bentley M. Roberts, Jr., Clerk of the 
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, 
DC 20419; (202) 653-7200; fax: (202) 653-7130; or e-mail: 
<a href="/cdn-cgi/l/email-protection#117c626173517c6261733f767e67"><span class="__cf_email__" data-cfemail="fb96888b99bb96888b99d59c948d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Merit Systems Protection Board is 
providing notice of variations in its normal case processing procedures 
that have been placed into effect as a result of Hurricane Katrina and 
the related relief efforts in the gulf coast region of the United 
States.
    The Board's adjudicatory regulations contain time limits for filing 
documents in Federal employee appeals of agency personnel actions and 
other matters within the Board's jurisdiction. In addition, MSPB judges 
issue various orders in the course of an adjudicatory proceeding that 
set time limits for responses by the parties. The Board's regulations 
permit five methods of filing and serving documents--regular mail, 
commercial overnight delivery, facsimile, e-filing, and personal 
delivery to the appropriate MSPB office. The date of filing by regular 
mail is determined by the postmark date. For filing by commercial 
overnight delivery, it is the date the document is delivered to the 
commercial overnight delivery service. For filing by facsimile, it is 
the date recorded on the facsimile transmission. For filing 
electronically, it is the date of the electronic submission. For filing 
by personal delivery, it is the date the MSPB office receives the 
document.
    At the time of Hurricane Katrina and the related devastation, there 
were approximately 1,800 cases pending in MSPB regional and field 
offices and almost 800 cases pending at the Board's headquarters in 
Washington. It is reasonable to assume, therefore, that a number of 
filings due to a MSPB office in early September 2005 could not be made 
in a timely manner. An unknown number of filings of new cases subject 
to filing deadlines falling in early September, 2005, also may have 
been affected by the events surrounding Hurricane Katrina.
    Several circumstances may have affected filings due in early 
September, 2005 including the closing of Federal agencies and the 
displacement of Federal employees in the affected areas.
    Accordingly, the Board has placed into effect the following 
variations from its normal case processing procedures:
    1. In MSPB regional and field offices, judges will exercise 
discretion in accepting filings due in early September, 2005, and for 
the foreseeable future, that were filed (by any filing method) after 
the deadline, particularly from the gulf coast region of the United 
States.
    2. At Board headquarters, the Clerk of the Board will exercise 
discretion in accepting filings due in early September, 2005, and for 
the foreseeable future, that were filed after the deadline. Normally, a 
show cause order is issued when a late filing is received, but the 
Clerk of the Board may accept certain filings, particularly from the 
gulf coast region of the United States, without issuing a show cause 
order.
    3. Where MSPB case files or evidence were lost or destroyed as a 
result of devastation by Hurricane Katrina, MSPB judges may grant 
appropriate continuances until the case files or evidence can be 
reconstructed or dismiss cases without prejudice to their later re-
filing. MSPB offices will also assist the parties in reconstructing 
case files.
    The Board and its employees throughout the country will accommodate 
parties to MSPB cases whose ability to pursue those cases was affected 
by Hurricane Katrina. Where the variations from normal case processing 
procedures set forth above do not adequately address the circumstances 
in an individual case, the individual circumstances, and appropriate 
solutions, will be considered on a case-by-case basis. The Board and 
MSPB judges may waive any Board regulation the application of which is 
not required by law.


[[Page 54411]]


    Dated: September 9, 2005.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 05-18256 Filed 9-13-05; 8:45 am]
BILLING CODE 7400-01-P


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