Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25885 

MERIT SYSTEMS PROTECTION 

BOARD 

The Merit Systems Protection Board 

(MSPB) is Providing Notice of the 

Opportunity to File Amicus Briefs in 

the Matter of Larry L. Evans v. 

Department of Veterans Affairs, MSPB 

Docket Number AT–3330–09–0953–I–1. 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice. 

SUMMARY: Mr. Evans is a preference 

eligible veteran who has filed an appeal 

with the MSPB alleging that the agency 

violated his rights under the Veterans 

Employment Opportunities Act of 1998 

(VEOA) when it failed to select him for 

a position. The issues raised in this 

matter concern the interplay of the 

Federal Career Intern Program (FCIP) 

with VEOA. The FCIP was established 

in 2000 by Executive Order 13,162 ‘‘to 

provide for the recruitment and 

selection of exceptional employees for 

careers in the public sector,’’ to attract 

exceptional individuals with ‘‘diverse 

professional experiences, academic 

training and competencies’’ to the 

Federal workforce,’’ and ‘‘to prepare 

them for careers in analyzing and 

implementing public programs.’’ Exec. 

Order 13, 162; see Scull v. Department 

of Homeland Security, 113 M.S.P.R. 

287, ¶ 6 (2010). 

Appointments under the FCIP are to 

positions in Schedule B of the excepted 

service and are not to exceed 2 years, 

unless extended by the agency, with the 

concurrence of the Office of Personnel 

Management (OPM), for up to 1 

additional year. Scull, 113 M.S.P.R. 287, 

¶ 6; 5 CFR 213.3202(o)(1)–(2). Upon 

successful completion of the internship, 

the agency may effect the intern’s 

noncompetitive conversion to a career 

or career-conditional appointment in 

the competitive service. Scull, 113 

M.S.P.R. 287, ¶ 6; 5 CFR 

213.3202(o)(6)(i). 

Evans presents the following legal 

issues: (1) Is 5 U.S.C. 3302(1) a ‘‘statute 

* * * relating to veterans’ preference’’ 

on which a claim under VEOA may be 

based? See 5 U.S.C. 3330a(1)(A); (2) if 

so, may OPM delegate to other executive 

agencies the authority to except 

positions from the competitive service 

under 5 U.S.C. 3302(1)?; and (3) if that 

the answers to (1) and (2) are ‘‘yes,’’ what 

must an agency do to justify the use of 

the FCIP to fill a vacant position, 

considering the requirement of 5 U.S.C. 

§ 3302(1) that exceptions to the 

competitive service be ‘‘necessary’’ so as 

to provide for ‘‘conditions of good 

administration’’? See Weed v. Social 

Security Administration, 112 M.S.P.R. 

323, ¶¶ 16–18 (2009) (describing the 

legal issues concerning use of the FCIP 

and 5 U.S.C. 3302(1)). 

Interested parties may submit amicus 

briefs or other comments on this issue 

no later than June 11, 2010. Amicus 

briefs must be filed with the Clerk of the 

Board. Briefs shall not exceed 15 pages 

in length. The text shall be doublespaced, except for quotations and 

footnotes, and the briefs shall be on 81⁄2

by 11 inch paper with one inch margins 

on all four sides. 

DATES: All briefs submitted in response 

to this notice shall be filed with the 

Clerk of the Board on or before June 11, 

2010. 

ADDRESSES: All briefs shall be captioned 

‘‘Larry L. Evans v. Department of 

Veterans Affairs’’ and entitled ‘‘Amicus 

Brief.’’ 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, Office of the Clerk of 

the Board, (202) 653–7200. 

Dated: May 4, 2010. 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2010–10988 Filed 5–7–10; 8:45 am] 

BILLING CODE 7400–01–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice. 

SUMMARY: NARA is giving public notice 

that the agency has submitted to OMB 

for approval the information collection 

described in this notice. The public is 

invited to comment on the proposed 

information collections pursuant to the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted to OMB at the address below 

on or before June 9, 2010 to be assured 

of consideration. 

ADDRESSES: Send comments to Mr. 

Nicholas A. Fraser, Desk Officer for 

NARA, Office of Management and 

Budget, New Executive Office Building, 

Washington, DC 20503; fax: 202–395– 

5167; or electronically mailed to 

Nicholas_A._Fraser@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

collection and supporting statement 

should be directed to Tamee Fechhelm 

at telephone number 301–837–1694 or 

fax number 301–713–7409. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995 

(Pub. L. 104–13), NARA invites the 

general public and other Federal 

agencies to comment on proposed 

information collections. NARA 

published a notice of proposed 

collection for this information collection 

on February 24, 2010 (75 FR 8407 and 

8408). No comments were received. 

NARA has submitted the described 

information collection to OMB for 

approval. 

In response to this notice, comments 

and suggestions should address one or 

more of the following points: (a) 

Whether the proposed information 

collection is necessary for the proper 

performance of the functions of NARA; 

(b) the accuracy of NARA’s estimate of 

the burden of the proposed information 

collection; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including the use of 

information technology; and (e) whether 

small businesses are affected by this 

collection. In this notice, NARA is 

soliciting comments concerning the 

following information collection: 

Title: Identification Card Request. 

OMB number: 3095–0057. 

Agency form number: NA Form 6006. 

Type of review: Regular. 

Affected public: Individuals or 

households, Business or other for-profit, 

Federal government. 

Estimated number of respondents: 

1,500. 

Estimated time per response: 3 

minutes. 

Frequency of response: On occasion. 

Estimated total annual burden hours: 

75 hours. 

Abstract: The collection of 

information is necessary as to comply 

with HSPD–12 requirements. Use of the 

form is authorized by 44 U.S.C. 2104. At 

the NARA College Park facility, 

individuals receive a proximity card 

with the identification badge that is 

electronically coded to permit access to 

secure zones ranging from a general 

nominal level to stricter access levels for 

classified records zones. The proximity 

card system is part of the security 

management system that meets the 

accreditation standards of the 

Government intelligence agencies for 

storage of classified information and 

serves to comply with E.O. 12958. 


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