Food Distribution Program on Indian Reservations: Amendments Related to the Food, Conservation, and Energy Act of 2008; Approval of Information Collection Request, 39548 [2013-15634]
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39548
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
that is specifically prohibited by law or
required by Executive order to be kept
secret in the interest of national defense
or foreign affairs, unless such
information is disclosed to Congress, the
Special Counsel, the Inspector General
of an agency, or an employee designated
by the head of the agency to receive it.
(c) Other protected activity means any
of the following:
(1) The exercise of any appeal,
complaint, or grievance right granted by
any law, rule, or regulation with regard
to remedying a violation of 5 U.S.C.
2302(b)(8), i.e., retaliation for
whistleblowing;
(2) Testifying for or otherwise
lawfully assisting any individual in the
exercise of any right granted by any law,
rule, or regulation;
(3) Cooperating with or disclosing
information to Congress, the Inspector
General of an agency, or the Special
Counsel, in accordance with applicable
provisions of law; or
(4) Refusing to obey an order that
would require the individual to violate
a law.
*
*
*
*
*
(f) Reasonable belief. An employee or
applicant may be said to have a
reasonable belief when a disinterested
observer with knowledge of the
essential facts known to and readily
ascertainable by the employee or
applicant could reasonably conclude
that the actions of the Government
evidence the violation, mismanagement,
waste, abuse, or danger in question.
■ 17. Section 1209.6 is amended by
revising paragraphs (a)(4) and (a)(5)(ii)
to read as follows:
preponderance of the evidence that the
disclosure or other protected activity
was a contributing factor in the
personnel action that was threatened,
proposed, taken, or not taken against the
appellant.
(b) However, even where the
appellant meets the burden stated in
paragraph (a) of this section, the Board
will not order corrective action if the
agency shows by clear and convincing
evidence that it would have threatened,
proposed, taken, or not taken the same
personnel action in the absence of the
disclosure or other protected activity.
■ 19. Section 1209.9 is amended by
revising paragraph (a)(6)(ii) to read as
follows:
§ 1209.6 Content of appeal; right to
hearing.
William D. Spencer,
Clerk of the Board.
emcdonald on DSK67QTVN1PROD with RULES
(a) * * *
(4) A description of each disclosure
evidencing whistleblowing or other
protected activity as defined in
§ 1209.4(b) of this part; and
(5) * * *
(ii) The personnel action was or will
be based wholly or in part on the
whistleblowing disclosure or other
protected activity, as described in
§ 1209.4(b) of this part.
*
*
*
*
*
■ 18. Section 1209.7 is revised to read
as follows:
§ 1209.7
Burden and degree of proof.
(a) Subject to the exception stated in
paragraph (b) of this section, in any case
involving a prohibited personnel
practice described in 5 U.S.C. 2302(b)(8)
or (b)(9)(A)(i), (B), (C), or (D), the Board
will order appropriate corrective action
if the appellant shows by a
VerDate Mar<15>2010
16:51 Jul 01, 2013
Jkt 229001
§ 1209.9 Content of stay request and
response.
(a) * * *
(6) * * *
(ii) The action complained of was
based on whistleblowing or other
protected activity as defined in
§ 1209.4(b) of this part; and
*
*
*
*
*
■ 20. Section 1209.13 is revised to read
as follows:
§ 1209.13 Referral of findings to the
Special Counsel.
When the Board determines in a
proceeding under this part that there is
reason to believe that a current Federal
employee may have committed a
prohibited personnel practice described
at 5 U.S.C. 2302(b)(8) or (b)(9)(A)(i), (B),
(C), or (D), the Board will refer the
matter to the Special Counsel to
investigate and take appropriate action
under 5 U.S.C. 1215.
[FR Doc. 2013–15633 Filed 7–1–13; 8:45 am]
BILLING CODE 7400–01–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 253
[FNS–2009–0006]
RIN 0584–AD95
Food Distribution Program on Indian
Reservations: Amendments Related to
the Food, Conservation, and Energy
Act of 2008; Approval of Information
Collection Request
Food and Nutrition Service,
USDA.
ACTION: Final rule; Notice of Approval of
Information Collection Request (ICR).
AGENCY:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
The final rule entitled Food
Distribution Program on Indian
Reservations: Amendments Related to
the Food, Conservation, and Energy Act
of 2008 was published on April 6, 2011.
The Office of Management and Budget
(OMB) cleared the associated
information collection requirements
(ICR) on December 20, 2011. This
document announces approval of the
ICR.
DATES: The ICR associated with the final
rule published in the Federal Register
on April 6, 2011, at 76 FR 18861, was
approved by OMB on December 20,
2011, under OMB Control Number
0584–0293.
FOR FURTHER INFORMATION CONTACT:
Dana Rasmussen, Chief, Policy Branch,
Food Distribution Division, Food and
Nutrition Service, USDA, 3101 Park
Center Drive, Room 506, Alexandria,
Virginia 22302, by phone at (703) 305–
2662, or via email at
Dana.Rasmussen@fns.usda.gov.
SUMMARY:
Dated: June 25, 2013.
Jeffrey J. Tribiano,
Acting Administrator, Food and Nutrition
Service.
[FR Doc. 2013–15634 Filed 7–1–13; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Doc. No. AMS–FV–13–0005; FV13–925–1
FR]
Grapes Grown in Designated Area of
Southeastern California; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule increases the
assessment rate established for the
California Desert Grape Administrative
Committee (Committee) for the 2013
and subsequent fiscal periods from
$0.0150 to $0.0165 per 18-pound lug of
grapes handled. The Committee locally
administers the marketing order that
regulates the handling of grapes grown
in a designated area of southeastern
California. Assessments upon grape
handlers are used by the Committee to
fund reasonable and necessary expenses
of the program. The fiscal period begins
January 1 and ends December 31. The
assessment rate will remain in effect
indefinitely unless modified, suspended
or terminated.
DATES: Effective July 3, 2013.
SUMMARY:
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Page 39548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15634]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 253
[FNS-2009-0006]
RIN 0584-AD95
Food Distribution Program on Indian Reservations: Amendments
Related to the Food, Conservation, and Energy Act of 2008; Approval of
Information Collection Request
AGENCY: Food and Nutrition Service, USDA.
ACTION: Final rule; Notice of Approval of Information Collection
Request (ICR).
-----------------------------------------------------------------------
SUMMARY: The final rule entitled Food Distribution Program on Indian
Reservations: Amendments Related to the Food, Conservation, and Energy
Act of 2008 was published on April 6, 2011. The Office of Management
and Budget (OMB) cleared the associated information collection
requirements (ICR) on December 20, 2011. This document announces
approval of the ICR.
DATES: The ICR associated with the final rule published in the Federal
Register on April 6, 2011, at 76 FR 18861, was approved by OMB on
December 20, 2011, under OMB Control Number 0584-0293.
FOR FURTHER INFORMATION CONTACT: Dana Rasmussen, Chief, Policy Branch,
Food Distribution Division, Food and Nutrition Service, USDA, 3101 Park
Center Drive, Room 506, Alexandria, Virginia 22302, by phone at (703)
305-2662, or via email at Dana.Rasmussen@fns.usda.gov.
Dated: June 25, 2013.
Jeffrey J. Tribiano,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2013-15634 Filed 7-1-13; 8:45 am]
BILLING CODE 3410-30-P
