NASA Advisory Council; Science Committee; Astrophysics Subcommittee; Meeting, 59172-59173 [2011-24491]
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59172
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Notices
indefinitely suspended from their
positions pending determinations
concerning whether their security
clearances should be revoked. The
Board has recognized that, under certain
circumstances, an agency may
indefinitely suspend an employee based
upon the suspension of access to
classified information or pending the
agency’s investigation regarding that
access, where the access is a condition
of employment. See, e.g., Gonzalez v.
Department of Homeland Security, 114
M.S.P.R. 318, ¶ 13 (2010); Jones v.
Department of the Navy, 48 M.S.P.R.
680, 682, 689, aff’d as modified on
recons., 51 M.S.P.R. 607 (1991), aff’d,
978 F.2d 1223 (Fed. Cir. 1992). On
appeal of such an action, the Board
lacks the authority to review the merits
of the agency’s decision to suspend an
employee’s access to classified material.
Department of the Navy v. Egan, 484
U.S. 518, 530–31 (1988).
The Board may determine, however,
whether the agency afforded an
employee minimum due process with
respect to the employee’s
constitutionally protected property
interest in employment. See, e.g.,
Johnson v. Department of the Navy, 62
M.S.P.R. 487, 490–91 (1994); Kriner v.
Department of the Navy, 61 M.S.P.R.
526, 531–35 (1994). In Cleveland Board
of Education v. Loudermill, 470 U.S.
532, 546 (1985), the Court held that an
agency’s failure to provide a tenured
public employee with an opportunity to
present a response, either in person or
in writing, to an appealable agency
action that deprives him of his property
right in his employment constitutes an
abridgement of his constitutional right
to minimum due process of law, i.e.,
prior notice and an opportunity to
respond. In Gilbert v. Homar, 520 U.S.
924 (1997), the Court explained, in a
case involving the suspension of a state
employee, how its due process analysis
would apply to discipline short of
termination.
The Board may also review whether
the agency provided the employee with
the procedural protections set forth in 5
U.S.C. 7513 in taking an action. Egan,
484 U.S. at 530; see also Cheney v.
Department of Justice, 479 F.3d 1343,
1344–45 (Fed. Cir. 2007); King v. Alston,
75 F.3d 657, 661–63 (Fed. Cir. 1996).
The Board applies a harmful error
analysis in considering statutory
violations. See, e.g., Ward v. U.S. Postal
Service, 634 F.3d 1274, 1282 (Fed. Cir.
2011); Handy v. U.S. Postal Service, 754
F.3d 335, 337–38 (Fed. Cir. 1985).
The cases thus present the following
legal issues: (1) Should the Board apply
the balancing test set forth in Homar,
520 U.S. 924, in determining whether an
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agency violates an employee’s
constitutional right to due process in
indefinitely suspending him or her
pending a security clearance
determination; (2) If so, does that right
include the right to have a deciding
official who has the authority to change
the outcome of the proposed indefinite
suspension; (3) If the Board finds that an
agency did not violate an employee’s
constitutional right to due process in
this regard, how should the Board
analyze whether the agency committed
harmful procedural error in light of the
restrictions set forth in Egan, 484 U.S.
518, on the Board’s authority to analyze
the merits of an agency’s security
clearance determination.
Interested parties may submit amicus
briefs or other comments on these issues
no later than October 19, 2011. Amicus
briefs must be filed with the Clerk of the
Board. Briefs shall not exceed 30 pages
in length. The text shall be doublespaced, 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.
DATES: All briefs submitted in response
to this notice shall be filed with the
Clerk of the Board on or before October
19, 2011.
ADDRESSES: All briefs shall be captioned
with the names of the parties and
entitled ‘‘Amicus Brief.’’ Only one copy
of the brief need be submitted. Briefs
must be filed with the Office of the
Clerk of the Board, Merit Systems
Protection Board, 1615 M Street, NW.,
Washington, DC 20419.
FOR FURTHER INFORMATION CONTACT:
Matthew Shannon, Merit Systems
Protection Board, Office of the Clerk of
the Board, 1615 M Street, NW.,
Washington, DC 20419; (202) 653–7200;
mspb@mspb.gov.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2011–24439 Filed 9–22–11; 8:45 am]
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (11–083)]
NASA Advisory Council; Science
Committee; Astrophysics
Subcommittee; Meeting
AGENCY: National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
SUMMARY: In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
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Aeronautics and Space Administration
(NASA) announces a meeting of the
Astrophysics Subcommittee of the
NASA Advisory Council (NAC). This
Subcommittee reports to the Science
Committee of the NAC. The Meeting
will be held for the purpose of soliciting
from the scientific community and other
persons scientific and technical
information relevant to program
planning.
DATES: Wednesday, October 19, 2011,
8:30 a.m. to 5:30 p.m., and Thursday,
October 20, 2011, 8:30 a.m. to 4 p.m.,
local time.
ADDRESSES: NASA Headquarters, 300 E
Street, SW., Rooms 9H40 and 7H45,
respectively, Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–4118, or
mnorris@nasa.gov.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public up
to the capacity of the room. This
meeting will also be available
telephonically and by WebEx. Any
interested person may call the USA toll
free conference call number 800–369–
2152, pass code APS, to participate in
this meeting by telephone. The WebEx
link is https://nasa.webex.com, meeting
number on October 19 is 998 444 941,
and password APS@October19201; the
meeting number on October 20 is 998
679 930, and password
APS@October20201. The agenda for the
meeting includes the following topics:
—Astrophysics Division Update.
—James Webb Space Telescope FollowUp.
—Wide Field Infrared Space Telescope,
Science Definition Team.
—Physics of the Cosmos/Cosmic
Origins/Exoplanet Program Analysis
Group.
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to sign a register and to
comply with NASA security
requirements, including the
presentation of a valid picture ID, before
receiving an access badge. Foreign
nationals attending this meeting will be
required to provide a copy of their
passport, visa, or green card in addition
to providing the following information
no less than 10 working days prior to
the meeting: full name; gender; date/
place of birth; citizenship; visa/green
card information (number, type,
expiration date); passport information
(number, country, expiration date);
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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Notices
employer/affiliation information (name
of institution, address, country,
telephone); title/position of attendee. To
expedite admittance, attendees with
U.S. citizenship can provide identifying
information 3 working days in advance
by contacting Marian Norris via e-mail
at mnorris@nasa.gov or by telephone at
(202) 358–4452.
Dated: September 19, 2011.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2011–24491 Filed 9–22–11; 8:45 am]
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NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Elizabeth Voyatzis,
Advisory Committee Management Officer.
Meetings of Humanities Panel
[FR Doc. 2011–24401 Filed 9–22–11; 8:45 am]
The National Endowment for
the Humanities.
ACTION: Notice of additional meeting.
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
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SUMMARY: Pursuant to the provisions of
the Federal Advisory Committee Act
(Pub. L. 92–463, as amended), notice is
hereby given that the following meeting
of the Humanities Panel will be held via
telephone conference call from the Old
Post Office, 1100 Pennsylvania Avenue,
NW., Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Advisory Committee
Management Officer, National
Endowment for the Humanities,
Washington, DC 20506; telephone (202)
606–8322. Hearing-impaired individuals
are advised that information on this
matter may be obtained by contacting
the Endowment’s TDD terminal on (202)
606–8282.
SUPPLEMENTARY INFORMATION: The
proposed meeting is for the purpose of
advising the agency, under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended, on
the development of humanities
programming and content for an
upcoming Bridging Cultures Bookshelf
project on the subject of Muslim history
and cultures, including discussion of
the early planning stages of the project,
strategies for shaping and implementing
the program, and the portion of the
project focusing on Muslim art and
architecture. Because the proposed
meeting will consider information that
is likely to disclose information the
premature disclosure of which would be
likely to significantly frustrate
implementation of a proposed agency
action, pursuant to authority granted me
by the Chairman’s Delegation of
Authority to Close Advisory Committee
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meetings, dated July 19, 1993, I have
determined that the meeting will be
closed to the public pursuant to
subsection (c)(9)(B) of section 552b of
Title 5, United States Code.
1. Date: October 3, 2011.
Time: 2 p.m. to 4 p.m.
Room: 421.
Place: National Endowment for the
Humanities, 1100 Pennsylvania Avenue,
NW., Washington, DC 20506 (Telephone
Conference Call).
Program: This meeting will provide
advice about the Bridging Cultures
Bookshelf project on the subject of
Muslim history and cultures, focusing
on the portion about art and
architecture.
NATIONAL SCIENCE FOUNDATION
Advisory Panel for Integrative
Activities, #1373; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting.
Name: Ad Hoc Advisory Committee on the
Merit Review Process (MRPAC).
Date/Time: October 12, 2011; 12 p.m.–4
p.m., EDT.
Place: National Science Foundation, 4201
Wilson Boulevard, Room II–515, Arlington,
VA.
Type of Meeting: Open.
Contact Person: Ms. Victoria Fung,
National Science Foundation 4201 Wilson
Boulevard, Room II–515, Arlington, VA
22230. E-mail: vfung@nsf.gov. Telephone:
(703) 292–8040.
If you plan to attend the meeting, please
send an e-mail with your name and
affiliation to the individual listed above, by
the day before the meeting, so that a visitor
badge can be prepared.
Purpose of Meeting: To provide advice
concerning issues related to NSF’s merit
review process.
Agenda:
• Welcome.
• Discussion of experiments with
enhancements to the merit review process.
• Update on outreach activities.
Dated: September 20, 2011.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2011–24486 Filed 9–22–11; 8:45 am]
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59173
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0302]
Standard Format and Content of
License Applications for Conventional
Uranium Mills
AGENCY: Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide;
withdrawal.
SUMMARY: On May 30, 2008 (73 FR
31152), the U.S. Nuclear Regulatory
Commission (NRC) published for public
comment a notice of issuance and
availability of Draft Regulatory Guide
(DG)–3024, ‘‘Standard Format and
Content of License Applications for
Conventional Uranium Mills.’’ DG–3024
was a proposed Revision 2 of Regulatory
Guide (RG) 3.5. However, upon further
consideration the NRC has decided not
to revise RG 3.5 at this time. For this
reason, DG–3024 will be withdrawn.
The comment period closed on August
4, 2008, and 6 comments were received.
The comments received will be
considered and incorporated as
appropriate if the NRC decides to revise
RG 3.5 in the future.
ADDRESSES: You can access publicly
available documents related to this
action using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this action can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2008–
0302. Address questions about NRC
dockets to Carol Gallagher, telephone:
301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Hector Luis Rodriguez-Luccioni, U.S.
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Agencies
[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Pages 59172-59173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24491]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice (11-083)]
NASA Advisory Council; Science Committee; Astrophysics
Subcommittee; Meeting
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Advisory Committee Act, Public
Law 92-463, as amended, the National Aeronautics and Space
Administration (NASA) announces a meeting of the Astrophysics
Subcommittee of the NASA Advisory Council (NAC). This Subcommittee
reports to the Science Committee of the NAC. The Meeting will be held
for the purpose of soliciting from the scientific community and other
persons scientific and technical information relevant to program
planning.
DATES: Wednesday, October 19, 2011, 8:30 a.m. to 5:30 p.m., and
Thursday, October 20, 2011, 8:30 a.m. to 4 p.m., local time.
ADDRESSES: NASA Headquarters, 300 E Street, SW., Rooms 9H40 and 7H45,
respectively, Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission
Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-4452,
fax (202) 358-4118, or mnorris@nasa.gov.
SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to
the capacity of the room. This meeting will also be available
telephonically and by WebEx. Any interested person may call the USA
toll free conference call number 800-369-2152, pass code APS, to
participate in this meeting by telephone. The WebEx link is https://nasa.webex.com, meeting number on October 19 is 998 444 941, and
password APS@October19201; the meeting number on October 20 is 998 679
930, and password APS@October20201. The agenda for the meeting includes
the following topics:
--Astrophysics Division Update.
--James Webb Space Telescope Follow-Up.
--Wide Field Infrared Space Telescope, Science Definition Team.
--Physics of the Cosmos/Cosmic Origins/Exoplanet Program Analysis
Group.
It is imperative that the meeting be held on these dates to
accommodate the scheduling priorities of the key participants.
Attendees will be requested to sign a register and to comply with NASA
security requirements, including the presentation of a valid picture
ID, before receiving an access badge. Foreign nationals attending this
meeting will be required to provide a copy of their passport, visa, or
green card in addition to providing the following information no less
than 10 working days prior to the meeting: full name; gender; date/
place of birth; citizenship; visa/green card information (number, type,
expiration date); passport information (number, country, expiration
date);
[[Page 59173]]
employer/affiliation information (name of institution, address,
country, telephone); title/position of attendee. To expedite
admittance, attendees with U.S. citizenship can provide identifying
information 3 working days in advance by contacting Marian Norris via
e-mail at mnorris@nasa.gov or by telephone at (202) 358-4452.
Dated: September 19, 2011.
P. Diane Rausch,
Advisory Committee Management Officer, National Aeronautics and Space
Administration.
[FR Doc. 2011-24491 Filed 9-22-11; 8:45 am]
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