Agencies and Commissions February 2013 – Federal Register Recent Federal Regulation Documents

We are requesting information from the public regarding whether we should prohibit persons who have been convicted of certain crimes from serving as representative payees under titles II, VIII, and XVI of the Social Security Act (Act). We are seeking this information in order to determine the best way to protect our beneficiaries from persons whose criminal history indicates they may pose an increased risk of abuse or exploitation of vulnerable individuals.

This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities.

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.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Arkansas (FEMA- 4100-DR), dated 01/29/2013. Incident: Severe Winter Storm. Incident Period: 12/25/2012 through 12/26/2012. Effective Date: 01/29/2013. Physical Loan Application Deadline Date: 04/01/2013. Economic Injury (EIDL) Loan Application Deadline Date: 10/29/2013.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Ohio (FEMA- 4098-DR), dated 01/03/2013. Incident: Severe storms and flooding due to the remnants of Hurricane Sandy. Incident Period: 10/29/2012 through 10/30/2012. Effective Date: 01/29/2013. Physical Loan Application Deadline Date: 03/04/2013. Economic Injury (EIDL) Loan Application Deadline Date: 10/03/2013.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 5) of the administrative law judge (``ALJ'') granting complainants' unopposed motion to correct the title of complainants' unopposed motion to amend the complaint and notice of investigation in the above-captioned investigation.

NARA is giving public notice that the agency proposes to request use of the Identification Card Request, NA Form 6006, which will be used by NARA employees, on-site contractors, volunteers, Foundation members, Interns, and others in order to obtain a NARA Identification Card. The public is invited to comment on the proposed information collection pursuant to the Paperwork Reduction Act of 1995.

The National Science Foundation (NSF) is announcing plans to request renewed clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting OMB clearance of this collection for no longer than 3 years. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.