Notice of Opportunity To File Amicus Briefs, 9431 [2013-02879]

Download as PDF Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices Individuals who need other accommodations due to disability in order to attend the meeting in person or telephonically should contact Atitaya Rok, at (202) 295–1500 or FR_NOTICE_QUESTIONS@lsc.gov, at least 2 business days in advance of the meeting. If a request is made without advance notice, LSC will make every effort to accommodate the request but cannot guarantee that all requests can be fulfilled. Dated: February 6, 2013. Kara Ward, Assistant General Counsel. [FR Doc. 2013–03067 Filed 2–6–13; 4:15 pm] BILLING CODE 7050–01–P MERIT SYSTEMS PROTECTION BOARD Notice of Opportunity To File Amicus Briefs AGENCY: Merit Systems Protection Board. ACTION: Notice. sroberts on DSK5SPTVN1PROD with NOTICES 17:23 Feb 07, 2013 All briefs submitted in response to this notice must be received by the Clerk of the Board on or before March 1, 2013. DATES: The Merit Systems Protection Board (MSPB or Board) announces the opportunity to file amicus briefs in the matter of Thomas F. Day v. Department of Homeland Security, MSPB Docket Number SF–1221–12–0528–W–1, currently pending before the Board on interlocutory appeal. The administrative judge certified for interlocutory review the question of whether the provisions of the Whistleblower Protection Enhancement Act of 2012 (WPEA), 112 Public Law 199, may be applied retroactively to pending cases involving conduct occurring prior to its effective date. Of particular relevance in Day is the question of the retroactive effect of section 101(b)(2)(B) of the WPEA, which provides in relevant part that a disclosure made to an alleged wrongdoer or during an employee’s normal course of duties is not excluded from protection against reprisal under 5 U.S.C. 2302(b)(8). In Huffman v. Office of Personnel Management, 263 F.3d 1341, 1352 (Fed. Cir. 2001), the U.S. Court of Appeals for the Federal Circuit held that a disclosure made as part of an employee’s normal duties, and through normal channels, was not protected under the Whistleblower Protection Act (WPA). The court in Huffman further held that a complaint made to a supervisor regarding the supervisor’s own alleged wrongdoing was not protected under the WPA. Id. at 1350. The Board has applied the holdings in Huffman as binding precedent. See, e.g., SUMMARY: VerDate Mar<15>2010 Stiles v. Department of Homeland Security, 116 M.S.P.R. 263, ¶ 15 (2011). Therefore, the Board must determine in Day whether to apply the WPEA standard or the Huffman standard in determining whether disclosures that occurred prior to the effective date of the WPEA are entitled to protection. Information about the Day case and the WPEA may be found on the Board’s Web site at www.mspb.gov/ SignificantCases. Interested individuals or organizations may submit amicus briefs or other comments on the question presented in Day no later than March 1, 2013. Amicus briefs must be filed with the Clerk of the Board. Briefs shall not exceed 30 pages in length. The text shall be double-spaced, except for quotations and footnotes, and the briefs shall be on 81⁄2 by 11 inch paper with one inch margins on all four sides. All amicus briefs received will be posted on the Board’s Web site at www.mspb.gov/ SignificantCases after March 1, 2013. Jkt 229001 All briefs shall be captioned ‘‘Thomas F. Day v. Department of Homeland Security’’ and entitled ‘‘Amicus Brief.’’ Only one copy of the brief need be submitted. The Board encourages interested parties to submit amicus briefs as attachments to electronic mail addressed to mspb@mspb.gov. An email should contain a subject line indicating that the submission contains an amicus brief in the Day case. Any commonly-used word processing format or PDF format is acceptable; text formats are preferable to image formats. Briefs may also be filed with William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419; Fax (202) 653–7130. ADDRESSES: 9431 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office National Industrial Security Program Policy Advisory Committee (NISPPAC) National Archives and Records Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act (5 U.S.C. app 2) and implementing regulation 41 CFR 101–6, announcement is made for the following committee meeting to discuss National Industrial Security Program policy matters. DATES: The meeting will be held on March 20, 2013 from 10:00 a.m. to 12:00 p.m. ADDRESSES: National Archives and Records Administration, 700 Pennsylvania Avenue NW., Archivist’s Reception Room, Room 105, Washington, DC 20408. SUPPLEMENTARY INFORMATION: This meeting will be open to the public. However, due to space limitations and access procedures, the name and telephone number of individuals planning to attend must be submitted to the Information Security Oversight Office (AISOO) no later than Friday, March 15, 2013. ISOO will provide additional instructions for gaining access to the location of the meeting. FOR FURTHER INFORMATION CONTACT: David O. Best, Senior Program Analyst, ISOO, National Archives Building, 700 Pennsylvania Avenue NW., Washington, DC 20408, telephone number (202) 357– 5123, or at david.best@nara.gov. Contact ISOO at ISOO@nara.gov and the NISPPAC at NISPPAC@nara.gov. SUMMARY: Dated: February 4, 2013. Patrice Little Murray, Acting Committee Management Officer. [FR Doc. 2013–02884 Filed 2–7–13; 8:45 am] BILLING CODE 7515–01–P FOR FURTHER INFORMATION CONTACT: Molly Leckey, Office of the Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419; (202) 653–7200; mspb@mspb.gov. William D. Spencer, Clerk of the Board. [FR Doc. 2013–02879 Filed 2–7–13; 8:45 am] BILLING CODE 7400–01–P PO 00000 NUCLEAR REGULATORY COMMISSION [NRC–2011–0081; Docket No. 70–3098; Construction Authorization No. CAMOX– 001] Shaw AREVA MOX Services, LLC (Mixed Oxide Fuel Fabrication Facility); Order Approving Indirect Transfer of Control of Construction Authorization I Shaw AREVA MOX Services, LLC (MOX Services) holds Construction Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Page 9431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02879]


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MERIT SYSTEMS PROTECTION BOARD


Notice of Opportunity To File Amicus Briefs

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Merit Systems Protection Board (MSPB or Board) announces 
the opportunity to file amicus briefs in the matter of Thomas F. Day v. 
Department of Homeland Security, MSPB Docket Number SF-1221-12-0528-W-
1, currently pending before the Board on interlocutory appeal. The 
administrative judge certified for interlocutory review the question of 
whether the provisions of the Whistleblower Protection Enhancement Act 
of 2012 (WPEA), 112 Public Law 199, may be applied retroactively to 
pending cases involving conduct occurring prior to its effective date.
    Of particular relevance in Day is the question of the retroactive 
effect of section 101(b)(2)(B) of the WPEA, which provides in relevant 
part that a disclosure made to an alleged wrongdoer or during an 
employee's normal course of duties is not excluded from protection 
against reprisal under 5 U.S.C. 2302(b)(8). In Huffman v. Office of 
Personnel Management, 263 F.3d 1341, 1352 (Fed. Cir. 2001), the U.S. 
Court of Appeals for the Federal Circuit held that a disclosure made as 
part of an employee's normal duties, and through normal channels, was 
not protected under the Whistleblower Protection Act (WPA). The court 
in Huffman further held that a complaint made to a supervisor regarding 
the supervisor's own alleged wrongdoing was not protected under the 
WPA. Id. at 1350. The Board has applied the holdings in Huffman as 
binding precedent. See, e.g., Stiles v. Department of Homeland 
Security, 116 M.S.P.R. 263, ] 15 (2011). Therefore, the Board must 
determine in Day whether to apply the WPEA standard or the Huffman 
standard in determining whether disclosures that occurred prior to the 
effective date of the WPEA are entitled to protection. Information 
about the Day case and the WPEA may be found on the Board's Web site at 
www.mspb.gov/SignificantCases.
    Interested individuals or organizations may submit amicus briefs or 
other comments on the question presented in Day no later than March 1, 
2013. Amicus briefs must be filed with the Clerk of the Board. Briefs 
shall not exceed 30 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. All amicus 
briefs received will be posted on the Board's Web site at www.mspb.gov/SignificantCases after March 1, 2013.

DATES: All briefs submitted in response to this notice must be received 
by the Clerk of the Board on or before March 1, 2013.

ADDRESSES: All briefs shall be captioned ``Thomas F. Day v. Department 
of Homeland Security'' and entitled ``Amicus Brief.'' Only one copy of 
the brief need be submitted. The Board encourages interested parties to 
submit amicus briefs as attachments to electronic mail addressed to 
mspb@mspb.gov. An email should contain a subject line indicating that 
the submission contains an amicus brief in the Day case. Any commonly-
used word processing format or PDF format is acceptable; text formats 
are preferable to image formats. Briefs may also be filed with William 
D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M 
Street NW., Washington, DC 20419; Fax (202) 653-7130.

FOR FURTHER INFORMATION CONTACT: Molly Leckey, Office of the Clerk of 
the Board, Merit Systems Protection Board, 1615 M Street NW., 
Washington, DC 20419; (202) 653-7200; mspb@mspb.gov.

William D. Spencer,
Clerk of the Board.
[FR Doc. 2013-02879 Filed 2-7-13; 8:45 am]
BILLING CODE 7400-01-P
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