Unknown. Interim rule with request for comments
3,698 words·~17 min read·
/register/2011/10/13/2011-26315·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2011-10-13.xml --- 76 198 Thursday, October 13, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service RULES Adjustment of Appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2011 Tariff-Rate Quota Year, 63538-63541 2011-26480 Animal Animal and Plant Health Inspection Service NOTICES Importation Authorizations: Fresh Apricot, Sweet Cherry, and Plumcot Fruit from South Africa, 63600 C1--2011--25490 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:
ASTM International, 63658 2011-26427 Cooperative Research Group on Pre-Ignition Prevention Program, 63659-63660 2011-26430 IMS Global Learning Consortium, Inc., 63659 2011-26426 Network Centric Operations Industry Consortium, Inc., 63659 2011-26429 PXI Systems Alliance, Inc., 63658 2011-26428 Army Army Department NOTICES Privacy Act; Systems of Records, 63611-63612 2011-26396 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bureau of Ocean Energy Management NOTICES Outer Continental Shelf Official Protraction Diagram, Lease Maps, etc.;
Availability: Correction, 63654 2011-26503 Census Bureau Census Bureau NOTICES Determinations: Voting Rights Act Amendments of 2006, 63602-63607 2011-26293 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 63623 2011-26501 Healthcare Infection Control Practices Advisory Committee, 63622-63623 2011-26477 Children Children and Families Administration NOTICES Meetings:
President's Committee for People with Intellectual Disabilities; Conference Call, 63623-63624 2011-26522 Civil Rights Civil Rights Commission NOTICES Meetings: Louisiana Advisory Committee, 63601 2011-26401 Meetings; Sunshine Act, 63601 2011-26583 Coast Guard Coast Guard RULES Security Zones: Columbia and Willamette Rivers, Dredge Vessels Patriot and Liberty, 63547-63549 2011-26413 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63626-63627 2011-26412 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings:
Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes, 63610 2011-26450 Meetings; Sunshine Act, 2011-26605 63610-63611 2011-26606 2011-26607 Defense Department Defense Department See Army Department NOTICES Meetings: Defense Advisory Committee on Military Personnel Testing, 63611 2011-26443 Education Education Department NOTICES Meetings: National Committee on Foreign Medical Education and Accreditation, 63612-63613 2011-26504 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES National Environmental Policy Act Implementing Procedures, 63764-63799 2011-25413 PROPOSED RULES Liquid-Immersed and Medium- and Low-Voltage Dry-Type Distribution Transformers:
Negotiated Rulemaking Subcommittee/Working Group Meetings, 63566-63567 2011-26479 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 63613-63614 2011-26475 Secretary of Energy Advisory Board Natural Gas Subcommittee, 63613 2011-26464 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: Biomass Research and Development Technical Advisory Committee, 63614 2011-26476 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:
Indiana; Miscellaneous Metal and Plastic Parts Surface Coating Rules, 63549-63554 2011-26341 Transportation Conformity: MOVES Regional Grace Period Extension, 63554-63561 2011-26347 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Indiana; Miscellaneous Metal and Plastic Parts Surface Coating Rules, 63574-63575 2011-26340 Transportation Conformity: MOVES Regional Grace Period Extension, 63575-63581 2011-26346 NOTICES Meetings: Environmental Science Center Microbiology Laboratory, 63615-63616 2011-26532 Equal Equal Employment Opportunity Commission NOTICES SES Performance Review Board - Appointment of Members, 63616 2011-26452 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
Eclipse Aerospace, Inc. Airplanes Equipped With Pratt & Whitney Canada, Corp. PW610F-A Engines, 63571-63573 2011-26478 NOTICES Grants of Petitions with Conditions: Waiver of Terms of Order Limiting Scheduled Operations at LaGuardia Airport, 63702-63714 2011-26465 Technical Standard Orders: Airborne Supplemental Navigation Equipment Using Global Positioning System, 63714 2011-26449 Federal Communications Federal Communications Commission RULES Common Carriers, 63561-63563 2011-26515 Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers and Other Providers of Mobile Data Services, 63561 2011-26398 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 63616-63618 2011-26416 2011-26417 Federal Election Federal Election Commission PROPOSED RULES Internet Communication Disclaimers, 63567-63569 2011-26414 Procedure Following the Submission of Probable Cause Briefs by the Office of General Counsel, 63570-63571 2011-26415 NOTICES Meetings; Sunshine Act, 63618 2011-26663 Federal Emergency Federal Emergency Management Agency NOTICES Preliminary Damage Assessment for Individual Assistance Operations Manual;
Availability, 63628 2011-26390 Federal Energy Federal Energy Regulatory Commission NOTICES Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Agua Caliente Solar, LLC, 63614-63615 2011-26375 Initiations of Proceedings and Refund Effective Dates: Atlantic Path 15, LLC, 63615 2011-26374 Federal Maritime Federal Maritime Commission PROPOSED RULES Certainty of Terms of Service Contracts and NVOCC Service Arrangements, 63581-63582 2011-26418 NOTICES Agreements Filed, 63618-63619 2011-26482 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 63619-63620 2011-26459 Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 2011-26434 63620 2011-26456 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63621 2011-26433 Formations of, Acquisitions by, and Mergers of Bank Holding Companies: Correction, 63621 2011-26457 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 63621 2011-26458 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List a Distinct Population Segment of the Red Tree Vole, 63720-63762 2011-25818 Forest Forest Service NOTICES Meetings:
Ashley Resource Advisory Committee, 63600-63601 2011-26423 Colorado Recreation Resource Advisory Committee, 63600 2011-26425 Land Between the Lakes Advisory Board, 63600 2011-25757 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Findings of Research Misconduct, 63621-63622 2011-26453 Meetings: National Biodefense Science Board, 63622 2011-26389 Health Resources Health Resources and Services Administration NOTICES Meetings:
Bureau of Health Professions All-Advisory Committee, 63624 2011-26451 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Public Housing Assessment System: Proposed Physical Condition Interim Scoring, 63640-63654 2011-26516 Indian Affairs Indian Affairs Bureau NOTICES Bureau of Indian Education Advisory Board for Exceptional Children;
Requests for Nominations, 63654-63656 2011-26448 Industry Industry and Security Bureau NOTICES Meetings: Sensors and Instrumentation Technical Advisory Committee, 63607-63608 2011-26009 Interior Interior Department See Bureau of Ocean Energy Management See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Tax Return Preparer Penalties Under Section 6695; Correction, 63574 2011-26652 NOTICES Meetings:
Area 6 Taxpayer Advocacy Panel, 63715 2011-26404 Area 7 Taxpayer Advocacy Panel, 63716-63717 2011-26393 Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee, 63716 2011-26394 Taxpayer Advocacy Panel Joint Committee, 63717 2011-26409 Taxpayer Advocacy Panel Notice Improvement Project Committee, 63717 2011-26408 Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Practitioner Engagement Project Committee, 63715 2011-26405 Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Toll Free Project Committee, 63716 2011-26407 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 63717 2011-26410 Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee, 63715-63716 2011-26406 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Project Committee, 63716 2011-26395 International Trade Adm International Trade Administration NOTICES Export Trade Certificates of Review:
Alaska Longline Cod Commission, Application no. 10-1A001, 63608-63609 2011-26490 Application (92-10A01), Aerospace Industries Association of America Inc., 63608 2011-26502 International Trade Com International Trade Commission NOTICES Determinations Not to Review Initial Determinations: Certain Flat Panel Display Devices, and Products Containing Same, 63657 2011-26445 Investigations: Certain Devices for Mobile Data Communication, 63657-63658 2011-26444 Justice Department Justice Department See Antitrust Division Land Land Management Bureau NOTICES Meetings:
Front Range Resource Advisory Council; Cancellation, 63656 2011-26447 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 63660-63661 2011-26547 Merit Merit Systems Protection Board RULES Mandatory Electronic Filing for Agencies and Attorneys, Washington Regional and Denver Field Office, 63537-63538 2011-26315 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63661-63663 2011-26481 NASA National Aeronautics and Space Administration NOTICES Meetings:
Advisory Council; Human Exploration and Operations Committee, 63663-63664 2011-26391 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel National Endowment for Arts, 63664 2011-26421 Federal Council on Arts and Humanities; Arts and Artifacts Indemnity Panel Advisory Committee, 63665 2011-26485 Humanities Panels, 63664-63665 2011-26403 President's Committee on Arts and Humanities National Endowment for Arts, 63665-63666 2011-26424 Meetings;
Sunshine Act, 63666 2011-26455 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2011-26493 63625-63626 2011-26495 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2011-26491 63624 2011-26492 National Heart, Lung, and Blood Institute Notice, 63625-63626 2011-26496 National Institute of Mental Health, 63624-63625 2011-26494 National Oceanic National Oceanic and Atmospheric Administration RULES Central Regulatory Areas of Gulf of Alaska:
Pacific Cod by Vessels Harvesting Pacific Cod for Processing by Inshore Component; Closure, 63564 2011-26506 Snapper-Grouper Fishery of South Atlantic: Closure of 2011-2012 Recreational Sector for Black Sea Bass in South Atlantic, 63563 2011-26499 NOTICES Meetings: New England Fishery Management Council, 63609 2011-26460 Permits: Marine Mammals; File No. 16443, 63609-63610 2011-26497 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Education and Human Resources, 63666-63667 2011-26350 Nuclear Regulatory Nuclear Regulatory Commission RULES Design-Basis Hurricane and Hurricane Missiles for Nuclear Power Plants, 63541-63542 2011-26420 PROPOSED RULES Event Reporting Guidelines, 63565-63566 2011-26419 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 63667 2011-26462 Draft Interim Staff Guidance: Guidelines for Preparing and Reviewing Licensing Applications for Production of Radioisotopes; Request for Comments, 63668 2011-26472 Exemptions: Omaha Public Power District, Fort Calhoun Station, Unit 1, 2011-26466 63668-63672 2011-26488 Non-Safeguards Information for Contention Preparation: Acceptance of Application for Special Nuclear Materials License, etc., 63672-63676 2011-26486 Staff Guidance Regarding Nuclear Criticality Safety Analysis for Spent Fuel Pools;
Availability: Final Division of Safety Systems Interim Staff Guidance DSS-ISG-2010-01, 63676-63677 2011-26468 Personnel Personnel Management Office NOTICES Excepted Service, 63677-63678 2011-26402 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 63678-63679 2011-26432 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Columbus Day (Proc. 8735), 63809-63810 2011-26727 Fire Prevention Week (Proc. 8732), 63801-63804 2011-26720 Leif Erikson Day (Proc. 8734), 63807-63808 2011-26726 National School Lunch Week (Proc. 8733), 63805-63806 2011-26724 EXECUTIVE ORDERS Defense and National Security:
Classified Networks and Information Sharing; Structural Reforms (EO 13587), 63811-63815 2011-26729 Securities Securities and Exchange Commission PROPOSED RULES Conflict Minerals: Roundtable on Issues, 63573-63574 2011-26431 NOTICES Meetings: Advisory Committee on Small and Emerging Companies, 63679-63680 2011-26441 Public Roundtable on Execution, Clearance and Settlement of Microcap Securities, 63680 2011-26440 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 63685-63689, 63696-63698 2011-26383 2011-26384 2011-26437 BATS Y-Exchange, Inc., 63683-63685, 63695-63696 2011-26382 2011-26385 Chicago Board Options Exchange, Inc., 63680-63682, 63698-63699 2011-26378 2011-26380 International Securities Exchange, LLC, 63689-63695 2011-26436 2011-26438 2011-26439 Municipal Securities Rulemaking Board, 63682-63683 2011-26381 Small Business Small Business Administration RULES Small Business Jobs Act:
Implementation of Conforming and Technical Amendments, 63542-63547 2011-26236 NOTICES Major Disaster Declarations: Delaware, 63700 2011-26498 Missouri; Amendment 1, 63700-63701 2011-26487 New York; Amendment 2, 63699 2011-26483 New York; Amendment 4, 63700 2011-26484 Pennsylvania; Amendment 2, 63700 2011-26500 Puerto Rico; Amendment 4, 63699 2011-26505 Texas; Amendment 2, 63699-63700 2011-26508 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:
Anglo-Saxon Hoard; Gold from England's Dark Ages, 63701 2011-26399 Aphrodite and Gods of Love, 63702 2011-26519 Diego Rivera; Murals for Museum of Modern Art, 63701-63702 2011-26518 Johan Zoffany RA; Society Observed, 63701 2011-26400 Designations as Global Terrorists: Conspiracy of Fire Nuclei, aka as Conspiracy of the Nuclei of Fire, etc., 63702 2011-26367 Surface Transportation Surface Transportation Board PROPOSED RULES Reporting Requirements for Positive Train Control Expenses and Investments, 63582-63599 2011-26310 NOTICES Operation Exemption:
Big Spring Rail System, Inc.; Transport Handling Specialists, Inc., 63714-63715 2011-26245 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Designation of Republic of South Sudan for Temporary Protected Status, 63629-63635 2011-26537 Extension of Designation of Sudan for Temporary Protected Status:
Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries, 63635-63640 2011-26538 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 63720-63762 2011-25818 Part III Energy Department, 63764-63799 2011-25413 Part IV Presidential Documents, 63801-63815 2011-26727 2011-26720 2011-26726 2011-26724 2011-26729 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 198 Thursday, October 13, 2011 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Mandatory Electronic Filing for Agencies and Attorneys at Washington Regional Office and Denver Field Office AGENCY: Merit Systems Protection Board.
ACTION: Interim rule with request for comments. SUMMARY: This rule informs the public that the U.S. Merit Systems Protection Board (MSPB or Board) is launching a pilot program under which the Washington Regional Office
(WRO)and Denver Field Office
(DEFO)will require all pleadings filed by agencies and attorneys who represent appellants in MSPB proceedings to be electronically filed (e-filed). This requirement will apply to all pleadings except those containing classified information or Sensitive Security Information
(SSI)in all adjudicatory proceedings before the Board. Any agency or appellant's attorney who believes e-filing would create an undue burden may request an exemption from the administrative judge; however, requests will generally be considered only for pleadings that include scanned material, for example, not documents prepared and saved in a word processing program, and will be granted only when supported by a specific and detailed explanation, such as when the submission of a voluminous amount of scanned documents would create a hardship for a party. DATES: This rule is effective January 11, 2012. ADDRESSES: Send or deliver comments to the Office of Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419;
(202)653-7200; fax:
(202)653-7130; or e-mail: *mspb@mspb.gov* . FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419;
(202)653-7200, fax:
(202)653-7130 or e-mail: *mspb@mspb.gov* . SUPPLEMENTARY INFORMATION: 1. History of MSPB's E-Filing Initiative On February 26, 2008, MSPB issued final regulations at 5 CFR parts 1201, 1203, 1208, and 1209 governing e-filing. 73 FR 10127. Under those regulations, virtually any type of pleading can be filed electronically via MSPB's electronic filing application—e-Appeal Online. This includes the initial original appeal in matters within the Board's original and appellate jurisdiction, as well as all subsequent pleadings by the parties in such appeals. In addition to the pleadings on the merits of these appeals, e-Appeal Online can be used in subsidiary or addendum proceedings, including petitions for enforcement, motions for attorney fee awards, motions for compensatory or consequential damages, designations of representation, and notices of changes to contact information. 73 FR 10129; 5 CFR 1201.14(b). These regulations require parties and representatives who elect to e-file to follow the instructions for e-filing at MSPB's e-Appeal Online ( *https://e-appeal.mspb.gov* ). 5 CFR 1201.14(d). 2. Benefits of MSPB's E-Filing Initiative E-Appeal Online is more than an application for sending and receiving pleadings in electronic form; it comprises an electronic case file of all relevant electronic documents relating to a particular appeal. This includes an online Repository of all documents issued by MSPB in a particular case, such as notices, orders, decisions, and other documents issued by MSPB to the parties, as well as pleadings filed via e-Appeal Online. Also available in the online Repository are pleadings filed at the petition for review stage of adjudication, even if filed in paper form, and some pleadings filed at the regional office level. The Repository also includes an electronic “docket sheet” that lists all documents issued by MSPB to the parties, as well as all pleadings filed by the parties, including those pleadings that are not available for viewing and downloading in electronic form. Access to appeal documents at the Repository is limited to the parties and representatives of the appeals in which they were filed. Generally, pleadings added to the Repository are full-text searchable, including printed materials that have been converted to electronic format by scanning. This is accomplished using optical character recognition software that converts image-only electronic formats into an image-plus-text electronic format. Making case-related documents full-text searchable makes it easier for both the parties to MSPB proceedings and MSPB itself to search case files for pertinent materials. Although e-Appeal Online has been valuable to both MSPB and its customers, some benefits can only be realized when the entire case file is available in electronic form. If only one party is e-filing, only part of the case file will generally be available to MSPB and to the parties in an appeal in electronic form. In these circumstances, both MSPB employees and the parties need access to the paper case file in order to have access to the entire record. If the entire case file were available in electronic form, neither MSPB employees nor the parties and their representatives would need to have access to the paper case file in order to do their jobs. If e-filing were mandatory for agencies and attorneys who represent appellants, scanning the remaining paper pleadings of pro se appellants who have not taken advantage of e-filing will become manageable, and the Board and the parties would be able to realize the benefits of fully electronic case files. 3. Mandatory E-Filing for WRO and DEFO In the February 26, 2008 **Federal Register** notice, MSPB announced that it was giving serious consideration to mandating e-filing for agencies and attorneys who represent appellants in MSPB proceedings, and MSPB welcomed comments on this issue. 73 FR 10127-28. In response to the February 26, 2008, announcement in the **Federal Register** about the possibility of mandatory e-filing for agencies and attorneys, MSPB received only one comment. The commenter acknowledged the advantages of such a rule, but identified two disadvantages:
(1)Agencies would have to upgrade their equipment to accommodate the scanning of lengthy documents, and
(2)when pro se appellants do not elect to e-file, agencies would have the additional burden of preparing and submitting documents in two formats, i.e., electronic and paper. E-Mail of March 25, 2008. We have considered the comment. As to the equipment required, we recognize that some federal agency offices may not be well-equipped to produce and upload agency files as electronic documents. However, in light of the ever-increasing affordability of high-quality scanners and related software, we believe the number of offices that would be adversely affected by such a rule would be relatively small. We note also that e-filing is already mandatory in many state and federal courts. Nevertheless, this Interim Rule takes the commenter's concern into account and provides for exemptions in appropriate circumstances. As to the commenter's concerns about the extra work that would be entailed when appellants do not e-file, we believe those concerns are overstated. In that event, it is true that a paper copy of the agency file would have to be printed and mailed. It is not the case, however, that all of the extra work traditionally involved in assembling an agency file would still need to be done. A party that e-files a pleading that contains three or more attachments must describe and bookmark the attachments so that each attachment is listed in a table of contents and bookmarked in the electronic version. 5 CFR 1201.14(g)(3). In the assembled pleading, the table of contents will list each attachment and the page number on which it starts. This pleading can be printed and mailed as is; there would be no need for the agency to place physical tabs on the attachments, or to manually create a separate table of contents. Thus, even when the appellant is not an e-filer, we do not see a significant increase in the time required to assemble and serve the agency file. When all parties are e-filing, we believe that there will be a net savings of time associated with creating and serving the agency file electronically. Although the MSPB announced that it was considering making e-filing mandatory for all agencies and attorneys appearing before the MSPB, this interim rule affects only parties appearing before the WRO and the DEFO. Except for pleadings filed with WRO and DEFO, whether to participate in Board proceedings as an e-filer will continue to be voluntary. We note, however, that should the pilot program in WRO and DEFO prove to be successful, the Board would consider proposing a final agency-wide rule that would make e-filing mandatory for agencies and attorneys who represent appellants. To provide time for agencies to comply with this rule, we are setting the effective date of this new rule 90 days in the future, on January 11, 2012. This new rule will apply only to appeals filed on or after January 11, 2012. List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Electronic filing. Accordingly, MSPB amends 5 CFR part 1201 as set forth below: PART 1201—[AMENDED] 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204 and 7701. 2. In § 1201.14, add paragraph
(p)to read as follows: § 1201.14 Electronic filing procedures. (p)(1) Except as provided in paragraphs (p)(2) and
(3)of this section, all pleadings (including the initial appeal) except those containing classified information or Sensitive Security Information filed with the Washington Regional Office
(WRO)and the Denver Field Office
(DEFO)by agencies or attorneys must be e-filed. Agencies and attorneys in proceedings in the WRO and the DEFO must register as e-filers pursuant to paragraph
(e)of this section.
(2)Agencies or attorneys who believe that e-filing would create an undue burden on their operations may request an exemption from the administrative judge for a specific appeal and/or pleading. Such a request shall include a specific and detailed explanation why e-filing would create an undue burden.
(3)Except in unusual circumstances, exemptions granted under this section shall apply only to pleadings that include scanned material. All other pleadings except those containing classified information or Sensitive Security Information must be e-filed. The administrative judge may periodically revisit the need for an exemption granted under this subsection, and revoke the exemption as appropriate. William D. Spencer, Clerk of the Board. [FR Doc. 2011-26315 Filed 10-12-11; 8:45 am]
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4 references not yet in our index
- 5 CFR 1201
- 5 CFR 1201.14(b)
- 5 CFR 1201.14(d)
- 5 CFR 1201.14(g)(3)
Citation graph
cites case law
Unknown
Interim rule with request for comments
Cite5 CFR 1201
Cite5 CFR 1201.14(b)
Cite5 CFR 1201.14(d)
Cite5 CFR 1201.14(g)(3)
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