SUPPLEMENTARY INFORMATION:

MSPB is authorized to adjudicate appeals of certain Federal agency personnel and retirement actions and certain alleged violations of law. See 5 U.S.C.§ 7701(a); 5 U.S.C.§ 1204. The Board has published its regulations for processing appeals at 5 CFR parts 1201, 1208, and 1209, which include the information required to be submitted to initiate a new appeal. Individuals must provide this information in writing and are not required to use a particular format.

The purpose of collecting the information is to ensure that individuals submit the required information to file an appeal, as set forth in MSPB's regulations. While no specific format is required, MSPB provides an appeal form, MSPB Form 185 (Initial Appeal Form), to assist individuals in the efficient and timely submission of the information.

As set forth in statute and regulation, MSPB is a quasi-judicial agency of limited jurisdiction. The Board's regulations require that appellants provide certain information when filing an appeal so that the Board can determine whether it has jurisdiction over the appeal and whether the appeal has been filed within the applicable time limit. Although an appeal may be filed in any format, including letter form, the Initial Appeal Form is designed to assist individuals in submitting the required information, and to ensure that individuals file appeals that meet the jurisdictional requirements of MSPB. The information required to file an appeal is set forth at 5 CFR 1201.24, 1208.13, 1208.23, and 1209.6. Once obtained, this information allows MSPB to docket the appeal for assignment to an administrative judge to adjudicate the appeal. If this information is not collected, the process of determining whether MSPB has jurisdiction over any given appeal and any subsequent adjudication will be less efficient and more time consuming.

Appeal Form 185

The Initial Appeal Form (Form 185) for this renewal is substantially similar to the currently approved Initial Appeal Form with the following updates. The Instructions include edits to remove references to field offices and an update to the Privacy Act Statement to reflect the current system of records notice for ( printed page 57167) appeals and case records. Part 2—Agency Personnel Action or Decision (non-retirement) includes updates to address changes in laws or regulations, including recent regulatory revisions that went into effect on September 2, 2026. Specifically, it removes the following check boxes: “Termination during probationary or initial service period” and “Negative suitability determination.” It also modifies the check box that currently states “Separation, demotion or furlough for more than 30 days by reduction in force (RIF)” to state “Reduction-in-force (RIF) action in the Foreign Service.” And it adds a new check box for “Failure to restore to duty from Uniformed Service or work-related compensable injury.” Appendix B includes updates to remove the Denver Field Office and add to the Western Regional Office the following states: Arizona, Colorado, Kansas (except Kansas City), Montana, Nebraska, New Mexico, North Dakota, South Dakota, Utah and Wyoming. There are also non-substantive formatting updates throughout the Initial Appeal Form.

Law Firm Point of Contact Collection Form

There are no changes to the previously approved form.

e-Appeal Technical Support Collection Form

There are no changes to the previously approved form.

Title: Information Collection Submission for “E-Appeal/U.S. Merit Systems Protection Board Appeal Form.”

OMB Number: 3124-0017.

Type of Information Collection: Renewal with Change of a currently approved information collection.

ICR Status: This ICR is currently set to expire on September 30, 2026. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number.

Abstract of Proposed Collection: This information collection is necessary to ensure that individuals submit the required information to file an appeal, as set forth in MSPB's regulations, including information about the appellant and the personnel action or decision that is being appealed.

Affected Public: Individuals and Households.

Estimated Total Number of Respondents: 5,000.

Estimated Frequency of Responses: Once per year.

Estimated Total Average Number of Responses for Each Respondent: 1.

Estimated Total Annual Burden Hours: 7,500.

Estimated Total Cost: $294,075.

Comments: Submit comments as indicated in the ADDRESSES caption above. MSPB is soliciting comments to: (a) evaluate whether the collection of information is necessary for the proper performance of the functions of MSPB, including whether the information shall have practical utility; (b) evaluate the accuracy of MSPB's estimate of the burden of the collection of information; (c) enhance the quality, utility, and clarity of the information to be collected; (d) minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) evaluate the estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

91 FR 57166