Agency Information Collection Activities; Proposed eCollection eComments Requested; National Tracing Center Trace Request, ATF F 3312.1, 2912-2913 [2016-00805]
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Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Overview of This Information
Collection
1 Type of Information Collection:
Revision of a currently approved
collection.
2 The Title of the Form/Collection:
National Institute of Justice Compliance
Testing Program (NIJ CTP). This
collection consists of eight forms: NIJ
CTP Applicant Agreement; NIJ CTP
Authorized Representatives
Notification; NIJ CTP Body Armor Build
Sheet; NIJ CTP Ballistic Body Armor
Agreement; NIJ CTP Manufacturing
Location Notification; NIJ CTP Multiple
Listee Notification; NIJ Approved
Laboratory Application and Agreement;
NIJ CTP Electronic Signature
Agreement.
3 The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
N/A, National Institute of Justice.
4 Affected public who will be asked or
required to respond, as well as a brief
abstract: Applicants to the NIJ
Compliance Testing Program and
Testing Laboratories. Other: None. The
purpose of the voluntary NIJ
Compliance Testing Program (CTP) is to
provide confidence that equipment used
for law enforcement and corrections
applications meets minimum published
performance requirements.
5 An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond:
NIJ CTP Applicant Agreement:
Estimated 80 respondents at 1 hour
each;
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NIJ CTP Authorized Representatives
Notification: Estimated 25 respondents
at 15 minutes each;
NIJ CTP Body Armor Build Sheet:
Estimated 60 respondents (estimated
150 responses) at 1 hour each;
NIJ CTP Body Armor Agreement:
Estimated 60 respondents (estimated
150 responses) at 15 minutes each;
NIJ CTP Manufacturing Location
Notification: Estimated 60 respondents
(estimated 100 responses) at 15 minutes
each;
NIJ CTP Listee Notification: Estimated
60 respondents at 15 minutes each;
NIJ Approved Laboratory Application
and Agreement: Estimated 5
respondents at 1 hour each;
NIJ CTP Electronic Signature
Agreement: Estimated 60 respondents at
10 minutes each.
6 An estimate of the total public
burden (in hours) associated with the
collection: The estimated total public
burden associated with this information
is 328 hours in the first year and 289
hours each subsequent year.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., 3E.405B,
Washington, DC 20530.
Dated: January 13, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2016–00877 Filed 1–15–16; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF JUSTICE
[OMB Number 1140–0043]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; National
Tracing Center Trace Request, ATF F
3312.1
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: Corrected 60-day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 60 days until March
21, 2016.
SUMMARY:
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Fmt 4703
Sfmt 4703
If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Larry Penninger, Jr., National Tracing
Center, 244 Needy Road, Martinsburg,
WV 25405, at telephone number of
email: 1–800–788–7133 or
larry.penninger@atf.gov.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
• 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.
FOR FURTHER INFORMATION CONTACT:
Overview of This Information
Collection
1. Type of Information Collection
(check justification or form 83):
Extension of a currently approved
collection.
2. The Title of the Form/Collection:
National Tracing Center Trace Request.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number (if applicable): ATF F
3312.1.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Federal Government.
Other (if applicable): State, Local, or
Tribal Government.
Abstract: The ATF Form 3312.1 is
used by Federal, State, local and certain
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19JAN1
Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices
foreign law enforcement officials to
request that the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF)
trace firearms used or suspected to have
been used in crimes.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 6,103
respondents will take 6 minutes to
complete the survey.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
34,448 hours.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., Room 3E–
405B, Washington, DC 20530.
Dated: January 12, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2016–00805 Filed 1–15–16; 8:45 am]
BILLING CODE 4410–FY–P
MERIT SYSTEMS PROTECTION
BOARD
Notice of Opportunity To File Amicus
Briefs
AGENCY:
Merit Systems Protection
Board.
ACTION:
Notice.
The Merit Systems Protection
Board (MSPB or the Board) announces
the opportunity to file amicus briefs in
the matter of Mark Abernathy v.
Department of the Army, MSPB Docket
No. DC–1221–14–0364–W–1, currently
pending before the Board on petition for
review. Additional information
concerning the question on which the
Board invites amicus briefing in
Abernathy and the required format and
length of amicus briefs can be found in
the Supplementary Information below.
DATES: All briefs submitted in response
to this notice must be received by the
Clerk of the Board on or before February
9, 2016.
ADDRESSES: All briefs shall be captioned
‘‘Mark Abernathy v. Department of the
Army’’ 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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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17:50 Jan 15, 2016
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that the submission contains an amicus
brief in the Abernathy 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.
SUPPLEMENTARY INFORMATION: The
administrative judge in Abernathy
dismissed the individual right of action
(IRA) appeal for lack of jurisdiction,
finding that the appellant did not make
a protected disclosure because, when he
made the disclosure, he was neither an
‘‘employee’’ nor an ‘‘applicant,’’ but
rather, a Federal contractor. Of
particular relevance in Abernathy is the
jurisdictional question of whether,
under the Whistleblower Protection Act
of 1989 (WPA), as amended by the
Whistleblower Protection Enhancement
Act of 2012 (WPEA), both the disclosure
and the subject matter of the disclosure
must have occurred after the individual
who is seeking corrective action in an
IRA appeal became an applicant or
employee.
The Board believes that some
ambiguity may exist in the language of
the statute regarding who is covered by
the WPA and WPEA. A starting point
for statutory interpretation is the words
of the statute itself, which must be
examined to determine Congress’s
intent and purpose. In construing
statutes, their provisions should not be
read in isolation; rather, each statute’s
section should be construed in
connection with every other section so
as to produce a harmonious whole. Yee
v. Department of the Navy, 121 M.S.P.R.
686 (2014). Because the WPA and
WPEA are remedial legislation, the
Board will interpret their provisions
liberally to embrace all cases fairly
within their scope, so as to effectuate
the purpose of the Acts. See Fishbein v.
Department of Health & Human
Services, 102 M.S.P.R. 4 (2006). We now
turn to the two statutory provisions in
question.
The Board has jurisdiction over
whistleblower claims filed pursuant to 5
U.S.C. 1221(a), as amended by WPEA
§ 101(b)(1)(A). Section 1221(a) provides
that:
an employee, former employee, or applicant
for employment may, with respect to any
personnel action taken, or proposed to be
PO 00000
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Fmt 4703
Sfmt 4703
2913
taken, against such employee, former
employee, or applicant for employment, as a
result of a prohibited personnel practice
described in section 2302(b)(8) . . . seek
corrective action from [the Board].
5 U.S.C. § 1221(a) (emphasis added).
Section 2302(b)(8) prohibits any
employee who has authority to take,
direct others to take, recommend, or
approve any personnel action to:
(8) take or fail to take, or threaten to take
or fail to take, a personnel action with respect
to any employee or applicant for employment
because of—
(A) any disclosure of information by an
employee or applicant which the employee
or applicant reasonably believes evidences—
(i) any violation of any law, rule, or
regulation, or
(ii) gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or safety,
if such disclosure is not specifically
prohibited by law and if such information is
not specifically required by Executive order
to be kept secret in the interest of national
defense or the conduct of foreign affairs; or
(B) any disclosure to the Special Counsel,
or to the Inspector General of an agency or
another employee designated by the head of
the agency to receive such disclosures, of
information which the employee or applicant
reasonably believes evidences—
(i) any violation (other than a violation of
this section) of any law, rule, or regulation,
or
(ii) gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or
safety[.]
5 U.S.C. § 2302(b)(8) (emphasis added).
The Board has held that, in
whistleblower retaliation claims, 5
U.S.C. 1221(a) and 2302(b)(8) should be
read together. See Schmittling v.
Department of the Army, 92 M.S.P.R.
572 (2002). In construing section
1221(a) with section 2302(b)(8), it is
possibly unclear if a request for
corrective action under the WPA must
concern only actions that occurred
while the individual was an employee
or applicant for employment. In other
words, it is possibly uncertain whether,
to constitute a disclosure ‘‘by an
employee or applicant,’’ the disclosure
of information described in section
2302(b)(8)(A), as well as the subject
matter of the disclosure, must have
transpired after—and not before—the
individual seeking corrective action
became ‘‘an employee’’ or ‘‘an applicant
for employment.’’
The U.S. Court of Appeals for the
Federal Circuit (Federal Circuit)
addressed this question in three
nonprecedential decisions, all of which
were decided before the enactment of
the WPEA. See Nasuti v. Merit Systems
Protection Board, 376 F. App’x 29 (Fed.
Cir. 2010) (per curiam) (finding that an
E:\FR\FM\19JAN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2912-2913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00805]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1140-0043]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; National Tracing Center Trace Request, ATF F
3312.1
AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department
of Justice.
ACTION: Corrected 60-day notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will submit the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995.
DATES: Comments are encouraged and will be accepted for 60 days until
March 21, 2016.
FOR FURTHER INFORMATION CONTACT: If you have additional comments
especially on the estimated public burden or associated response time,
suggestions, or need a copy of the proposed information collection
instrument with instructions or additional information, please contact
Larry Penninger, Jr., National Tracing Center, 244 Needy Road,
Martinsburg, WV 25405, at telephone number of email: 1-800-788-7133 or
larry.penninger@atf.gov.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Evaluate whether and if so how the quality, utility, and
clarity of the information to be collected can be enhanced; and
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
1. Type of Information Collection (check justification or form 83):
Extension of a currently approved collection.
2. The Title of the Form/Collection: National Tracing Center Trace
Request.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection:
Form number (if applicable): ATF F 3312.1.
Component: Bureau of Alcohol, Tobacco, Firearms and Explosives,
U.S. Department of Justice.
4. Affected public who will be asked or required to respond, as
well as a brief abstract:
Primary: Federal Government.
Other (if applicable): State, Local, or Tribal Government.
Abstract: The ATF Form 3312.1 is used by Federal, State, local and
certain
[[Page 2913]]
foreign law enforcement officials to request that the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) trace firearms used or
suspected to have been used in crimes.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: An estimated 6,103
respondents will take 6 minutes to complete the survey.
6. An estimate of the total public burden (in hours) associated
with the collection: The estimated annual public burden associated with
this collection is 34,448 hours.
If additional information is required contact: Jerri Murray,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC
20530.
Dated: January 12, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-00805 Filed 1-15-16; 8:45 am]
BILLING CODE 4410-FY-P
