Agencies and Commissions September 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 For this reason, DG-3024 will be withdrawn.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.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 9) of the presiding administrative law judge (``ALJ'') granting a joint motion by Complainant and Respondents to terminate the investigation on the basis of a settlement agreement.

As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3502-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number.

The U.S. Nuclear Regulatory Commission (NRC) staff is issuing its Final Interim Staff Guidance (ISG) DC/COL-ISG-019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML111110572). The purpose of this ISG is to clarify the NRC staff guidance to address issues of gas accumulation in safety related systems. This ISG revises and updates the guidance provided to the staff in Standard Review Plan (SRP) Section 5.4.7, ``Residual Heat Removal System,'' Section 6.3, ``Emergency Core Cooling System,'' and Section 6.5.2, ``Containment Spray System'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,'' March 2007. The NRC staff issues DC/COL-ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for design certifications and combined licenses by the Office of New Reactors. The NRC staff intends to incorporate the final approved DC/COL-ISG-019 into the next revision of the SRP and related guidance documents. Disposition: On November 12, 2009 (74 FR 58323), the NRC staff issued proposed DC/COL-ISG-019 on ``Review of Evaluation to Address Gas Accumulation Issues in Safety Related Systems,'' ADAMS Accession No. ML092360375. The staff received comments (ADAMS Accession No. ML093500086) on the proposed guidance on December 14, 2009. These comments were further discussed in a public meeting held at the NRC on January 20, 2010, and in a conference call on July 9, 2010. This final issuance incorporates changes from the majority of the comments. A document comparing the version of the ISG that went out for public comment and the final version of the ISG can be found under ADAMS Accession No. ML111170302.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's initial determination (``ID'') (Order No. 9) granting a joint motion to terminate the above-captioned investigation.