Agencies and Commissions September 23, 2011 – Federal Register Recent Federal Regulation Documents

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.

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 For this reason, DG-3024 will be withdrawn.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.

This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

These cases involve employees who were required to have security clearances and were 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 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 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.

This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Maine (FEMA-4032- DR), dated 09/13/2011. Incident: Tropical Storm Irene. Incident Period: 08/27/2011 through 08/29/2011. Effective Date: 09/13/2011. Physical Loan Application Deadline Date: 11/14/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/13/2012.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Pennsylvania (FEMA-4025-DR), dated 09/03/2011. Incident: Hurricane Irene. Incident Period: 08/26/2011 through 08/30/2011. Effective Date: 09/13/2011. Physical Loan Application Deadline Date: 11/02/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/05/2012.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of North Carolina (FEMA-4019-DR), dated 09/01/2011. Incident: Hurricane Irene. Incident Period: 08/25/2011 through 09/01/2011. Effective Date: 09/13/2011. Physical Loan Application Deadline Date: 10/31/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/01/2012.

This is an amendment of the Presidential declaration of a major disaster for the State of New York (FEMA-4020-DR), dated 08/31/ 2011. Incident: Hurricane Irene. Incident Period: 08/26/2011 through 09/05/2011. Effective Date: 09/14/2011. Physical Loan Application Deadline Date: 10/31/2011. EIDL Loan Application Deadline Date: 05/31/2012.

This is a Notice of the Presidential declaration of a major disaster for the State of New York (FEMA-4031-DR), dated 09/13/2011. Incident: Remnants of Tropical Storm Lee. Incident Period: 09/07/2011 and continuing. Effective Date: 09/13/2011. Physical Loan Application Deadline Date: 11/14/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/13/2012.

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA-4020-DR), dated 08/31/2011. Incident: Hurricane Irene. Incident Period: 08/26/2011 through 09/05/2011. Effective Date: 09/14/2011. Physical Loan Application Deadline Date: 10/31/2011. Economic Injury (EIDL) Loan Application Deadline Date: 05/31/2012.

This is a notice of an Administrative declaration of a disaster for the State of Indiana dated 09/12/2011. Incident: Severe Storms, Hail, Tornadoes and Flooding. Incident Period: 04/19/2011 through 06/06/2011. Effective Date: 09/12/2011. Physical Loan Application Deadline Date: 11/14/2011. Economic Injury (EIDL) Loan Application Deadline Date: 06/12/2012.

This document supplements a recently-issued proposed rulemaking on appeals of post office closings by eliminating a publication requirement and by making several minor conforming changes. Including these changes as part of the more comprehensive rulemaking promotes efficiency by allowing interested persons to address proposed changes in one filing. These changes affect only the Commission's general rules of practice and procedure. They do not affect any of the provisions in proposed new part 3025. Persons who need additional time to comment on the changes in this supplemental proposed rule may request additional time.