[Federal Register: December 24, 2002 (Volume 67, Number 247)]
[Rules and Regulations]               
[Page 78321]
                       


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Rules and Regulations
                                                Federal Register
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[[Page 78321]]



OFFICE OF SPECIAL COUNSEL

5 CFR Part 1800
 
Correction to Statutory Citation 

AGENCY: Office of Special Counsel 

ACTION : Final Rule; Technical Amendment

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SUMMARY: The Office of Special Counsel (OSC) is correcting a statutory citation 
in its regulation on filing complaints of prohibited personnel practices or other 
prohibited activity at 5 CFR 1800.1.

DATES: This rule is effective on December 24, 2002.

FOR FURTHER INFORMATION CONTACT: Kathryn Stackhouse, Attorney, Planning 
and Advice Division, by telephone at (202) 653-8971, or by fax at (202) 
653-5161.

SUPPLEMENTARY INFORMATION: This action is directed to the public in 
general, and to current and former Federal employees and applicants for 
Federal employment in particular, who may want to allege a prohibited 
personnel practice or other violation of civil service law, rule, or regulation by 
a Federal agency. 

OSC is correcting an erroneous statutory citation to federal merit system 
principles in its regulation on filing complaints of prohibited personnel 
practices at 5 C. F. R. 1800, l(a)(12). The citation in the current regulation refers  
to 5 U.S.C. 2302(b)(l). This citation, however, is incorrect, and should read 5 U.S.C.  
2301(b).
	
This action is taken under the Special Counsel's authority. at 5 U.S.C. 1212(e). 
to publish regulation in the Federal Register. Under the Administrative 
Procedure Act, at 5 U.S.C. 553(b)(3)(B), statutory procedures for agency 
rulemaking do not apply "when the agency for good cause finds (and 
incorporates the finding and a brief statement of reasons therefor in the 
rules issued) that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest." OSC finds that such notice 
and public procedure are unnecessary and contrary to the public interest, on 
the grounds that: (1) this amendment is technical and non-substantive; and (2)
the public benefits from early correction of an incorrect statutory citation. 
	
OSC is submitting this final rule to Congress and the General Accounting 
Office pursuant to the Congressional Review Act. The rule is effective upon 
publication, as permitted by 5 U.S.C. 808. Pursuant to 5 U. S. C. 808(2), OSC 
finds that good cause exists for this effective date, based on the reasons 
cited in the preceding paragraph. 

List of Subjects in 5 CFR Part 1800

    Equal employment opportunity, Government employees, Reporting and 
recordkeeping requirements, Whistleblowing 
	
    For the reasons set forth in the preamble, the Office of Special Counsel 
is amending title 5, part 1800 as follows:

Part 1800 -Filing of Complaints and Allegations 

	1. The authority citation for Part 1800 
continues to read as follows: 
	
	Authority: 5 U.S.C. 1212(e). 
	
	2. Replace the statutory citation in section 1800. l(a)(12)that reads  
"5 U.S.C. 2302(b)(l)" with "5 U. S. C. 2301(b)".

    Dated: December 16, 2002.
Elaine Kaplan,
Special Counsel.
[FR Doc. 02-32375 Filed 12-23-02; 8:45 am]
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