10 February 2010

[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Notices]               
[Page 6728-6729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe10-119]                         

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MERIT SYSTEMS PROTECTION BOARD

 
The Merit Systems Protection Board (MSPB) is Providing Notice of 
the Opportunity to File Amicus Briefs in the Matters of Conyers v. 
Department of Defense, Docket No. CH-0752-09-0925-I-1, and Northover v. 
Department of Defense, Docket No. AT-0752-10-0184-I-1

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: On January 25, 2010, the MSPB published in the Federal 
Register (see 75 FR 3939) a Notice of the opportunity to file amicus 
briefs in the matter of Crumpler v. Department of Defense, MSPB Docket 
Number DC-0752-09-0033-R-1, 2009 MSPB 233. Although the Crumpler case 
is now settled, the legal issue raised in that matter and noted in the 
January 25 Federal Register notice remains unresolved. The cases of 
Conyers v. Department of Defense, Docket No. CH-0752-09-0925-I-1, and 
Northover v. Department of Defense, Docket No. AT-0752-10-0184-I-1, 
involve the same legal issue.
    Conyers and Northover raise the question of whether, pursuant to 5 
CFR Part 732, National Security Position, the rule in Department of the 
Navy v. Egan, 484 U.S. 518, 530-31 (1988), limiting the scope of MSPB 
review of an adverse action based on the revocation of a security 
clearance also applies to an adverse action involving an employee in a 
``non-critical sensitive'' position due to the employee having been 
denied continued eligibility for employment in a sensitive position.
    Interested parties may submit amicus briefs or other comments on 
this issue no later than March 1, 2010. Amicus briefs must be filed 
with the Clerk of the Board. Briefs shall not exceed 15 pages in 
length. The text shall be double-spaced, except for quotations and 
footnotes, and the briefs shall be on 8\1/2\; by 11 inch paper with one 
inch margins on all four sides.

[[Page 6729]]


DATES: All briefs submitted in response to this notice shall be filed 
with the Clerk of the Board on or before March 1, 2010.

ADDRESSES: All briefs shall be entitled ``Amicus Brief, Conyers and 
Northover.'' 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, Deputy Clerk of the 
Board, (202) 653-7200.

    Dated: February 4, 2010.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2010-2890 Filed 2-9-10; 8:45 am]
BILLING CODE 7400-01-P