Section 359.407 - Appeals(a) Removal under § 359.402 , 359.403 , or 359.404 is not appealable to the Merit Systems Protection Board under 5 U.S.C. 7701 .(b) Removal under § 359.405 is appealable to the Merit Systems Protection Board under 5 U.S.C. 7701 as to whether the reduction in force complies with the competitive procedures required under 5 U.S.C. 3595(a) .