(a) The final decision of an agency head denying an individual's request for approval of a position as a rigorous, secondary, or air traffic controller position made under §842.804(c) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.

(b) The final decision of an agency head denying an individual coverage while serving in an approved secondary position because of failure to meet the conditions in §842.803(b) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.

[66 FR 38525, July 25, 2001]