Agency Information Collection Activities; Proposed Collection, 20142-20144 [2013-07692]
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20142
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Notices
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of this information
collection 1117–0052:
(1) Type of Information Collection:
Extension of a currently approved
collection with change.
(2) Title of the Form/Collection:
National Drug Threat Survey.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: None.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Federal, State, Tribal,
and Local law enforcement agencies.
This survey is a critical component of
the National Drug Threat Assessment
and other reports and assessments
produced by the Drug Enforcement
Administration. It provides direct access
to detailed drug threat data from state
and local law enforcement agencies.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that
approximately 3,500 respondents will
complete a survey response within
approximately 20 minutes.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 1,167
total annual burden hours associated
with this collection.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
Department of Justice, Two Constitution
Square, 145 N Street NE., Room 3W–
1407B, Washington, DC 20530
Dated: March 28, 2013.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2013–07665 Filed 4–2–13; 8:45 am]
BILLING CODE 4410–09–P
mstockstill on DSK4VPTVN1PROD with NOTICES
DEPARTMENT OF JUSTICE
Foreign Claims Settlement
Commission
[F.C.S.C. Meeting and Hearing Notice No.
3–13]
Sunshine Act Meeting
The Foreign Claims Settlement
Commission, pursuant to its regulations
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17:13 Apr 02, 2013
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(45 CFR 503.25) and the Government in
the Sunshine Act (5 U.S.C. 552b),
hereby gives notice in regard to the
scheduling of open meetings as follows:
Friday, April 12, 2013: 12:00 p.m.—
Consideration of petitions to reopen
Final Decisions in claims against Libya;
12:30 p.m.—Issuance of Proposed
Decisions in claims against Albania.
Status: Open.
All meetings are held at the Foreign
Claims Settlement Commission, 600 E
Street NW., Washington, DC. Requests
for information, or advance notices of
intention to observe an open meeting,
may be directed to: Judith H. Lock,
Executive Officer, Foreign Claims
Settlement Commission, 600 E Street
NW., Suite 6002, Washington, DC
20579. Telephone: (202) 616–6975.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2013–07895 Filed 4–1–13; 4:15 pm]
BILLING CODE 4410–BA–P
MARINE MAMMAL COMMISSION
Sunshine Act Notice
The Marine Mammal
Commission will meet in open session
on Friday, 12 April 2013, in Silver
Spring, Maryland, from 9:00 a.m. to 5:00
p.m.
PLACE: The meeting on will be held in
the National Oceanic and Atmospheric
Administration’s Science Center, 1301
East-West Highway, Silver Spring,
Maryland 20910.
STATUS: The Commission expects that
all portions of this meeting will be open
to the public. It will allow public
participation as time permits and as
determined to be desirable by the
Chairman. Should it be determined that
it is appropriate to close a portion of the
meeting to the public, any such closure
will be carried out in accordance with
applicable regulations (50 CFR 560.5
and 560.6).
Seating for members of the public at
this meeting may be limited. The
Commission therefore asks that those
intending to attend advise it in advance
by sending an email to the Commission
at mmc@mmc.gov or by calling (301)
504–0087. Members of the public will
need to present valid, governmentissued photo identification to enter the
building where the meeting will be
held.
MATTERS TO BE CONSIDERED: The
Commission plans to meet with
management and scientific officials in
the National Marine Fisheries Service
headquarters office to identify and
TIME AND DATE:
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discuss the agency’s most pressing
marine mammal research and
management needs. The Commission
already has met with staff in each of the
Service’s six regions to discuss these
matters. The Commission intends to use
the information from these meetings to
develop a set of national priorities for
guiding federal conservation efforts for
marine mammals. Members of the
public have been invited to attend all of
the regional meetings, as well as the
meeting with headquarter’s staff and to
provide comments concerning priority
issues. Those unable to attend any of the
meetings may submit comments in
writing. Written comments should be
sent to Timothy J. Ragen, Executive
Director, Marine Mammal Commission,
4340 East-West Highway, Room 700,
Bethesda, Maryland 20814.
CONTACT PERSON FOR MORE INFORMATION:
Timothy J. Ragen, Executive Director,
Marine Mammal Commission, 4340
East-West Highway, Room 700,
Bethesda, MD 20814; (301) 504–0087;
email: tragen@mmc.gov.
Dated: April 1, 2013.
Michael L. Gosliner,
General Counsel.
[FR Doc. 2013–07861 Filed 4–1–13; 4:15 pm]
BILLING CODE 6820–31–P
MERIT SYSTEMS PROTECTION
BOARD
Agency Information Collection
Activities; Proposed Collection
AGENCY:
Merit Systems Protection
Board.
ACTION:
Notice.
In compliance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506 and 3507), the Merit
Systems Protection Board (MSPB or
Board) announces that an Information
Collection Request (ICR) was forwarded
to the Office of Management and Budget
(OMB) for review and approval. The ICR
is for MSPB’s revised Appeal Form
(MSPB Form 185). We request public
comments on the revised form, which is
available for review (along with the
comments previously received) on
MSPB’s Web site at https://
www.mspb.gov/appeals/
revisedappealform.htm.
DATES: Written comments must be
received on or before May 3, 2013.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW.,
SUMMARY:
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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Notices
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Washington, DC 20503, Attention: Desk
Officer for the Merit Systems Protection
Board, or send them via electronic mail
to oira_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, 1615 M
Street NW., Washington, DC 20419;
telephone 202–653–7200; fax 202–653–
7130; email mspb@mspb.gov. Persons
without Internet access may request a
paper copy of MSPB Form 185 from the
Office of the Clerk of the Board.
Revised MSPB Appeal Form 185
On December 3, 2012, MSPB
published a 60-day notice in the Federal
Register (77 FR 71640) of our intent to
submit this proposed information
collection to OMB for review and
approval. The MSPB received a number
of comments regarding its proposed
revisions to MSPB Form 185 from
Federal agencies, employees, attorney
associations, and individual
representatives. The revisions to the
form include streamlining and
reorganizing the introductory
instructions; updating appellant/agency
information; clarifying hearing request
information; providing information
regarding affirmative defenses and
particular classes of appeals (Individual
Right of Action (IRA), Uniformed
Services Employment and
Reemployment Rights Act of 1994
(USERRA), and Veterans Employment
Opportunities Act of 1998 (VEOA)) in a
new Appendix A; consolidating certain
sections and eliminating others as
superfluous; and providing full contact
information for each of the Board’s
regional and field offices in a new
Appendix B.
The following sentence has been
added to the section, ‘‘Time Limits for
Filing an Appeal,’’ on page 1: ‘‘The 30day time limit may also be extended if
you have previously filed a formal equal
employment opportunity (EEO)
complaint regarding the same matter, as
described in Appendix A.’’
Instructions about which parts of the
form must be completed for particular
classes of appeals were added, and
references to requested documents in
boxes 16 and 18 were bolded for added
visibility. In addition, language in box
16 has been changed to read, as follows:
‘‘Explain briefly why you think the
agency was wrong in taking this action,
including whether you believe the
agency engaged in harmful procedural
error, committed a prohibited personnel
practice, or engaged in one of the other
claims listed in Appendix A. Attach the
agency’s proposal letter, decision letter,
and SF–50, if available. Attach
additional sheets if necessary (bearing
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17:13 Apr 02, 2013
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in mind that there will be later
opportunities to supplement your
filings).’’
Language in box 26, requesting
information regarding a designated
representative, has been changed to read
as follows: ‘‘Has an individual or
organization agreed to represent you in
this proceeding before the Board? (You
may designate a representative at any
time. However, it is unlikely that the
appeals process will be delayed for
reasons related to obtaining or
maintaining representation. Moreover,
you must promptly notify the Board in
writing of any change in
representation.)’’
Appendix A: The second sentence
under the heading, ‘‘Prohibited
Personnel Practices,’’ has been changed
to read as follows: ‘‘Among the
prohibited personnel practices most
likely to be relevant as an affirmative
defense in an MSPB proceeding are:
Unlawful discrimination under
subsection (b)(1); retaliation for
protected whistleblowing under
subsection (b)(8); and retaliation for
other protected activity under
subsection (b)(9).’’
In order to include additional bases of
prohibited discrimination and their
corresponding statutory foundation, the
heading, ‘‘Unlawful Discrimination,’’
has been changed to read as follows: ‘‘A
claim that the agency action was the
result of prohibited discrimination
based on race, color, religion, sex,
national origin, disability, age, marital
status, political affiliation, genetic
information, and retaliation for prior
EEO activity. See 5 U.S.C 2302(b)(1) and
7702; 5 CFR Part 1201, Subpart E; 29
CFR Part 1630 and Appendix to Part
1630; 42 U.S.C. 2000ff et seq.; 29 CFR
1614.302–.308. If you filed a formal
discrimination complaint, give the date
on which you did so, state whether and
when the agency issued a final decision
on your discrimination complaint, and
provide copies of both.’’
In order to include new provisions
introduced by passage of the
Whistleblower Protection Enhancement
Act (WPEA), the title and content of the
headings, ‘‘Retaliation for
whistleblowing activity under 5 U.S.C.
§ 2302(b)(8),’’ and ‘‘Retaliation for other
protected activity under 5 U.S.C.
§ 2302(b)(9),’’ have been changed to read
as follows:
‘‘Retaliation for whistleblowing
activity under 5 U.S.C. 2302(b)(8) and
(b)(9)(A)(i), (B), (C), or (D): A claim that
the agency action was taken in
retaliation for the disclosure of
information the individual reasonably
believes demonstrates a violation of law,
rule, or regulation, gross
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20143
mismanagement, gross waste of funds,
abuse of authority, or substantial and
specific danger to public health or
safety, or in retaliation for exercise of
the right to appeal, complain, or grieve
an alleged violation of Subsection (b)(8);
for testifying or otherwise lawfully
assisting another’s right to appeal,
complain, or grieve such an alleged
violation; for cooperating with or
disclosing information to the Inspector
General or Special Counsel in
accordance with applicable provisions
of law; or for refusing to obey an order
that would require a violation of law.
See 5 CFR 1209.4(b).
‘‘Retaliation for other protected
activity under 5 U.S.C. 2302(b)(9)(A)(ii):
A claim that the agency action was
taken in retaliation for the exercise of a
right, other than with regard to
remedying an alleged violation of 5
U.S.C. 2302(b)(8), such as the filing of
an appeal, complaint, or grievance.’’
The first paragraph under the hearing,
‘‘IRA, USERRA, and VEOA Appeals,’’
has been changed to read as follows:
‘‘The law provides for three types of
appeals in certain situations that might
not otherwise be appealable to the
MSPB (See 5 CFR 1201.3(a) for a list of
otherwise appealable actions):
Individual Right of Action (IRA) appeals
under the Whistleblower Protection Act
(WPA) and Whistleblower Protection
Enhancement Act (WPEA) pursuant to 5
U.S.C. 1221; appeals under the
Uniformed Services Employment and
Reemployment Rights Act (USERRA)
pursuant to 38 U.S.C. 4324; and appeals
under the Veterans Employment
Opportunities Act (VEOA) pursuant to 5
U.S.C. 3330a. Note: As previously set
forth, allegations of retaliation for
whistleblowing, as well as allegations
under USERRA and VEOA, may be
brought as additional claims in cases
that are otherwise appealable to the
Board.’’
Also reflecting changes arising from
passage of the WPEA, the title and
content of the heading, ‘‘IRA Appeals
under the Whistleblower Protection
Act,’’ has been changed to read as
follows:
‘‘IRA Appeals under the WPA and
WPEA. Subsection (b)(8) of 5 U.S.C.
§ 2302 makes it a prohibited personnel
practice to threaten, propose, take, or
not take a personnel action listed in 5
U.S.C. 2302(a)(2) because of an
individual’s disclosure of information
that he or she reasonably believes shows
a violation of law, rule, or regulation,
gross mismanagement, gross waste of
funds, abuse of authority, or substantial
and specific danger to public health or
safety. Subsections (b)(9)(A)(i), (B), (C),
and (D) make it a prohibited personnel
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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Notices
practice to threaten, propose, take, or
not take a personnel action because an
appellant exercised the right to appeal,
complain, or grieve an alleged violation
of Subsection (b)(8); testified or
otherwise lawfully assisted another’s
right to appeal, complain, or grieve such
an alleged violation; cooperated with or
disclosed information to the Inspector
General or Special Counsel in
accordance with applicable provisions
of law; or refused to obey an order that
would require a violation of law. See 5
CFR 1209.4. If the personnel action
allegedly taken in reprisal for making a
protected disclosure or engaging in
protected activity is not otherwise
appealable to the Board, you must first
file a whistleblower complaint with the
Office of Special Counsel (OSC) and
exhaust the procedures of that office,
see 5 U.S.C. 1214(a)(3), before you may
file an IRA appeal with the Board under
5 U.S.C. § 1221.’’
Finally, instructions regarding the
impact of filing a formal EEO complaint
on the Board’s timeliness requirements
are included under the heading, ‘‘Time
Limits for filing IRA, USERRA, and
VEOA Appeals, and following the filing
of a Formal EEO Complaint,’’ as follows:
‘‘Formal EEO Complaints. If you have
previously filed a formal Equal
Employment Opportunity (EEO)
complaint regarding the same matter,
you must file your Board appeal within
30 days after receiving the agency’s
resolution or final decision as to that
complaint, or you may file at any time
after 120 days have elapsed from the
filing of the complaint in the absence of
such an agency resolution or decision.
See 5 CFR1201.154(b).’’
Estimated Reporting Burden
In accordance with the requirements
of the PRA, MSPB is soliciting
comments on the public reporting
burden for this information collection.
The public reporting burden for this
collection of information is estimated to
vary from 20 minutes to 4 hours, with
an average of 60 minutes per response,
including time for reviewing the form
and instructions, searching existing data
sources, gathering the data necessary,
and completing and reviewing the
collection of information.
Specifically, MSPB invites comments
on: (1) Whether the proposed collection
of information is necessary for the
proper performance of MSPB’s
functions, including whether the
information will have practical utility;
(2) the accuracy of the MSPB’s estimate
of burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques,
when appropriate, and other forms of
information technology.
ESTIMATED REPORTING BURDEN
5 CFR parts
Annual
number of
respondents
Frequency per
response
Total annual
responses
Hours per
response
(average)
Total hours
1201, 1208 and 1209 ...........................................................
7,150
1
7,150
1.0
7,150
William D. Spencer,
Clerk of the Board.
[FR Doc. 2013–07692 Filed 4–2–13; 8:45 am]
any court proceedings collateral or
ancillary thereto.’’ See also 5 U.S.C.
552b(c)(10).
BILLING CODE 7400–01–P
CONTACT PERSON FOR MORE INFORMATION:
Henry Breiteneicher, Associate
Executive Secretary, (202) 273–2917.
NATIONAL LABOR RELATIONS
BOARD
Dated: April 1, 2013.
Henry Breiteneicher,
Associate Executive Secretary.
Sunshine Act Meetings: April 2013
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2013–07881 Filed 4–1–13; 4:15 pm]
All meetings are held at
2:00 p.m. Wednesday, April 3;
Thursday, April 4; Wednesday, April
10; Thursday, April 11; Wednesday,
April 17; Thursday, April 18;
Wednesday, April 24; Thursday, April
25.
PLACE: Board Agenda Room, No. 11820,
1099 14th St. NW., Washington, DC
20570.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Pursuant to
§ 102.139(a) of the Board’s Rules and
Regulations, the Board or a panel
thereof will consider ‘‘the issuance of a
subpoena, the Board’s participation in a
civil action or proceeding or an
arbitration, or the initiation, conduct, or
disposition * * * of particular
representation or unfair labor practice
proceedings under section 8, 9, or 10 of
the [National Labor Relations] Act, or
TIME AND DATES:
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BILLING CODE 7545–01–P
2, issued to Entergy Nuclear Operations,
Inc. (the licensee), for operation of
Indian Point Nuclear Generating Unit 3
(Indian Point 3), located in Westchester
County, NY.’’
Submit comments by May 3,
2013. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to assure
consideration only for comments
received on or before this date.
DATES:
You may access information
and comment submissions related to
this document, which the NRC
possesses and is publicly-available, by
searching on https://www.regulations.gov
under Docket ID NRC–2013–0063. You
may submit comments by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0063. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
ADDRESSES:
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–286; NRC–2013–0063]
Entergy Nuclear Operations, Inc.,
Indian Point Nuclear Generating Unit 3
Nuclear Regulatory
Commission.
ACTION: Draft environmental assessment
and finding of no significant impact;
request for public comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is reconsidering its
issuance of a revision of an existing
exemption from its regulations, ‘‘Fire
Protection Program for Nuclear Power
Facilities Operating Prior to January 1,
1979,’’ for Fire Areas ETN–4 and PAB–
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20142-20144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07692]
=======================================================================
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MERIT SYSTEMS PROTECTION BOARD
Agency Information Collection Activities; Proposed Collection
AGENCY: Merit Systems Protection Board.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506 and 3507), the Merit Systems Protection Board (MSPB or
Board) announces that an Information Collection Request (ICR) was
forwarded to the Office of Management and Budget (OMB) for review and
approval. The ICR is for MSPB's revised Appeal Form (MSPB Form 185). We
request public comments on the revised form, which is available for
review (along with the comments previously received) on MSPB's Web site
at https://www.mspb.gov/appeals/revisedappealform.htm.
DATES: Written comments must be received on or before May 3, 2013.
ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW.,
[[Page 20143]]
Washington, DC 20503, Attention: Desk Officer for the Merit Systems
Protection Board, or send them via electronic mail to oira_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the
Board, Merit Systems Protection Board, 1615 M Street NW., Washington,
DC 20419; telephone 202-653-7200; fax 202-653-7130; email
mspb@mspb.gov. Persons without Internet access may request a paper copy
of MSPB Form 185 from the Office of the Clerk of the Board.
Revised MSPB Appeal Form 185
On December 3, 2012, MSPB published a 60-day notice in the Federal
Register (77 FR 71640) of our intent to submit this proposed
information collection to OMB for review and approval. The MSPB
received a number of comments regarding its proposed revisions to MSPB
Form 185 from Federal agencies, employees, attorney associations, and
individual representatives. The revisions to the form include
streamlining and reorganizing the introductory instructions; updating
appellant/agency information; clarifying hearing request information;
providing information regarding affirmative defenses and particular
classes of appeals (Individual Right of Action (IRA), Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA), and
Veterans Employment Opportunities Act of 1998 (VEOA)) in a new Appendix
A; consolidating certain sections and eliminating others as
superfluous; and providing full contact information for each of the
Board's regional and field offices in a new Appendix B.
The following sentence has been added to the section, ``Time Limits
for Filing an Appeal,'' on page 1: ``The 30-day time limit may also be
extended if you have previously filed a formal equal employment
opportunity (EEO) complaint regarding the same matter, as described in
Appendix A.''
Instructions about which parts of the form must be completed for
particular classes of appeals were added, and references to requested
documents in boxes 16 and 18 were bolded for added visibility. In
addition, language in box 16 has been changed to read, as follows:
``Explain briefly why you think the agency was wrong in taking this
action, including whether you believe the agency engaged in harmful
procedural error, committed a prohibited personnel practice, or engaged
in one of the other claims listed in Appendix A. Attach the agency's
proposal letter, decision letter, and SF-50, if available. Attach
additional sheets if necessary (bearing in mind that there will be
later opportunities to supplement your filings).''
Language in box 26, requesting information regarding a designated
representative, has been changed to read as follows: ``Has an
individual or organization agreed to represent you in this proceeding
before the Board? (You may designate a representative at any time.
However, it is unlikely that the appeals process will be delayed for
reasons related to obtaining or maintaining representation. Moreover,
you must promptly notify the Board in writing of any change in
representation.)''
Appendix A: The second sentence under the heading, ``Prohibited
Personnel Practices,'' has been changed to read as follows: ``Among the
prohibited personnel practices most likely to be relevant as an
affirmative defense in an MSPB proceeding are: Unlawful discrimination
under subsection (b)(1); retaliation for protected whistleblowing under
subsection (b)(8); and retaliation for other protected activity under
subsection (b)(9).''
In order to include additional bases of prohibited discrimination
and their corresponding statutory foundation, the heading, ``Unlawful
Discrimination,'' has been changed to read as follows: ``A claim that
the agency action was the result of prohibited discrimination based on
race, color, religion, sex, national origin, disability, age, marital
status, political affiliation, genetic information, and retaliation for
prior EEO activity. See 5 U.S.C 2302(b)(1) and 7702; 5 CFR Part 1201,
Subpart E; 29 CFR Part 1630 and Appendix to Part 1630; 42 U.S.C. 2000ff
et seq.; 29 CFR 1614.302-.308. If you filed a formal discrimination
complaint, give the date on which you did so, state whether and when
the agency issued a final decision on your discrimination complaint,
and provide copies of both.''
In order to include new provisions introduced by passage of the
Whistleblower Protection Enhancement Act (WPEA), the title and content
of the headings, ``Retaliation for whistleblowing activity under 5
U.S.C. Sec. 2302(b)(8),'' and ``Retaliation for other protected
activity under 5 U.S.C. Sec. 2302(b)(9),'' have been changed to read
as follows:
``Retaliation for whistleblowing activity under 5 U.S.C. 2302(b)(8)
and (b)(9)(A)(i), (B), (C), or (D): A claim that the agency action was
taken in retaliation for the disclosure of information the individual
reasonably believes demonstrates a violation of law, rule, or
regulation, gross mismanagement, gross waste of funds, abuse of
authority, or substantial and specific danger to public health or
safety, or in retaliation for exercise of the right to appeal,
complain, or grieve an alleged violation of Subsection (b)(8); for
testifying or otherwise lawfully assisting another's right to appeal,
complain, or grieve such an alleged violation; for cooperating with or
disclosing information to the Inspector General or Special Counsel in
accordance with applicable provisions of law; or for refusing to obey
an order that would require a violation of law. See 5 CFR 1209.4(b).
``Retaliation for other protected activity under 5 U.S.C.
2302(b)(9)(A)(ii): A claim that the agency action was taken in
retaliation for the exercise of a right, other than with regard to
remedying an alleged violation of 5 U.S.C. 2302(b)(8), such as the
filing of an appeal, complaint, or grievance.''
The first paragraph under the hearing, ``IRA, USERRA, and VEOA
Appeals,'' has been changed to read as follows:
``The law provides for three types of appeals in certain situations
that might not otherwise be appealable to the MSPB (See 5 CFR 1201.3(a)
for a list of otherwise appealable actions): Individual Right of Action
(IRA) appeals under the Whistleblower Protection Act (WPA) and
Whistleblower Protection Enhancement Act (WPEA) pursuant to 5 U.S.C.
1221; appeals under the Uniformed Services Employment and Reemployment
Rights Act (USERRA) pursuant to 38 U.S.C. 4324; and appeals under the
Veterans Employment Opportunities Act (VEOA) pursuant to 5 U.S.C.
3330a. Note: As previously set forth, allegations of retaliation for
whistleblowing, as well as allegations under USERRA and VEOA, may be
brought as additional claims in cases that are otherwise appealable to
the Board.''
Also reflecting changes arising from passage of the WPEA, the title
and content of the heading, ``IRA Appeals under the Whistleblower
Protection Act,'' has been changed to read as follows:
``IRA Appeals under the WPA and WPEA. Subsection (b)(8) of 5 U.S.C.
Sec. 2302 makes it a prohibited personnel practice to threaten,
propose, take, or not take a personnel action listed in 5 U.S.C.
2302(a)(2) because of an individual's disclosure of information that he
or she reasonably believes shows a violation of law, rule, or
regulation, gross mismanagement, gross waste of funds, abuse of
authority, or substantial and specific danger to public health or
safety. Subsections (b)(9)(A)(i), (B), (C), and (D) make it a
prohibited personnel
[[Page 20144]]
practice to threaten, propose, take, or not take a personnel action
because an appellant exercised the right to appeal, complain, or grieve
an alleged violation of Subsection (b)(8); testified or otherwise
lawfully assisted another's right to appeal, complain, or grieve such
an alleged violation; cooperated with or disclosed information to the
Inspector General or Special Counsel in accordance with applicable
provisions of law; or refused to obey an order that would require a
violation of law. See 5 CFR 1209.4. If the personnel action allegedly
taken in reprisal for making a protected disclosure or engaging in
protected activity is not otherwise appealable to the Board, you must
first file a whistleblower complaint with the Office of Special Counsel
(OSC) and exhaust the procedures of that office, see 5 U.S.C.
1214(a)(3), before you may file an IRA appeal with the Board under 5
U.S.C. Sec. 1221.''
Finally, instructions regarding the impact of filing a formal EEO
complaint on the Board's timeliness requirements are included under the
heading, ``Time Limits for filing IRA, USERRA, and VEOA Appeals, and
following the filing of a Formal EEO Complaint,'' as follows: ``Formal
EEO Complaints. If you have previously filed a formal Equal Employment
Opportunity (EEO) complaint regarding the same matter, you must file
your Board appeal within 30 days after receiving the agency's
resolution or final decision as to that complaint, or you may file at
any time after 120 days have elapsed from the filing of the complaint
in the absence of such an agency resolution or decision. See 5
CFR1201.154(b).''
Estimated Reporting Burden
In accordance with the requirements of the PRA, MSPB is soliciting
comments on the public reporting burden for this information
collection. The public reporting burden for this collection of
information is estimated to vary from 20 minutes to 4 hours, with an
average of 60 minutes per response, including time for reviewing the
form and instructions, searching existing data sources, gathering the
data necessary, and completing and reviewing the collection of
information.
Specifically, MSPB invites comments on: (1) Whether the proposed
collection of information is necessary for the proper performance of
MSPB's functions, including whether the information will have practical
utility; (2) the accuracy of the MSPB's estimate of burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Estimated Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hours per
5 CFR parts Annual number Frequency per Total annual response Total hours
of respondents response responses (average)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1201, 1208 and 1209................................................ 7,150 1 7,150 1.0 7,150
--------------------------------------------------------------------------------------------------------------------------------------------------------
William D. Spencer,
Clerk of the Board.
[FR Doc. 2013-07692 Filed 4-2-13; 8:45 am]
BILLING CODE 7400-01-P
