FR Notice March 20 2013 King v Air Force Opportunity to File Amicus Briefs

7/29/2019 FR Notice March 20 2013 King v Air Force Opportunity to File Amicus Briefs

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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Notices 17233(Document certified by Superintendent of Documents ) Signedby Superintendent of Documents Time: 2013.03.20 02:13:05 -04'00' Reason: GPO attests that this document has not been altered since it was disseminated by GPO Location: US GPO, Washington, DC 20401

DEPARTMENT OF LABOR

Office of the Secretary

Agency Information CollectionActivities; Submission for OMBReview; Comment Request; ProcessSafety Management of HighlyHazardous Chemicals Standard

ACTION: Notice.

SUMMARY: The Department of Labor(DOL) is submitting the OccupationalSafety and Health Administration(OSHA) sponsored informationcollection request (ICR) titled, Process

Safety Management of HighlyHazardous Chemicals Standard, to theOffice of Management and Budget(OMB) for review and approval forcontinued use in accordance with thePaperwork Reduction Act (PRA) of 1995(44 U.S.C. 3501 et seq.).

DATES: Submit comments on or before

April 19, 2013.ADDRESSES: A copy of this ICR withapplicable supporting documentation;

including a description of the likelyrespondents, proposed frequency ofresponse, and estimated total burdenmay be obtained from the RegInfo.govWeb site, http://www.reginfo.gov/public/do/PRAMain, on the dayfollowing publication of this notice orby contacting Michel Smyth bytelephone at 2026934129 (this is nota toll-free number) or sending an emailto [email protected].

Submit comments about this request

to the Office of Information andRegulatory Affairs, Attn: OMB DeskOfficer for DOLOSHA, Office ofManagement and Budget, Room 10235,725 17th Street NW., Washington, DC20503, Fax: 2023956881 (this is not atoll-free number), email:[email protected].

FOR FURTHER INFORMATION:


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Contact Michel Smyth by telephone at2026934129 (this is not a toll-freenumber) or by email [email protected].

Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: TheProcess Safety Management of HighlyHazardous Chemicals Standard containsa number of information collectionrequirements, such as developingwritten process safety information,procedures and management practices,and operating procedures and safe workpractices; and documenting safetyhistory evaluations, contractor policies,and worker training; in addition,covered employers must retain certainrecords. These information collectionrequirements are subject to the PRA.

A Federal agency generally cannotconduct or sponsor a collection of

information, and the public is generallynot required to respond to aninformation collection, unless it isapproved by the OMB under the PRAand displays a currently valid OMBControl Number. In addition,notwithstanding any other provisions oflaw, no person shall generally be subjectto penalty for failing to comply with acollection of information that does notdisplay a valid Control Number. See 5CFR 1320.5(a) and 1320.6. The DOLobtains OMB approval for this

information collection under ControlNumber 12180200. The currentapproval is scheduled to expire onMarch 31, 2013; however, it should benoted that existing informationcollection requirements submitted to theOMB receive a month-to-monthextension while they undergo review.For additional information, see therelated notice published in the FederalRegister on November 6, 2012 (77 FR66638).

Interested parties are encouraged tosend comments to the OMB, Office ofInformation and Regulatory Affairs atthe address shown in the ADDRESSESsection within 30 days of publication ofthis notice in the Federal Register. Inorder to help ensure appropriateconsideration, comments shouldmention OMB Control Number 12180200. The OMB is particularly


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interested in comments that:

Evaluate whether the proposedcollection of information is necessaryfor the proper performance of thefunctions of the agency, includingwhether the information will havepractical utility; Evaluate the accuracy of theagencys estimate of the burden of theproposed collection of information,including the validity of themethodology and assumptions used; Enhance the quality, utility, andclarity of the information to becollected; and Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,e.g., permitting electronic submission of

responses.Agency: DOLOSHA.

Title of Collection: Process SafetyManagement of Highly HazardousChemicals Standard.

OMB Control Number: 12180200.Affected Public: Private Sectorbusinesses or other for-profits.

Total Estimated Number ofRespondents: 6,993.

Total Estimated Number ofResponses: 824,429.

Total Estimated Annual BurdenHours: 4,630,107.

Total Estimated Annual Other CostsBurden: $0.

Dated: March 14, 2013.

Michel Smyth,

Departmental Clearance Officer.

[FR Doc. 201306369 Filed 31913; 8:45 am]

BILLING CODE 451026P

MERIT SYSTEMS PROTECTIONBOARD


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Notice of Opportunity To File AmicusBriefs

AGENCY: Merit Systems ProtectionBoard.ACTION: Notice.

SUMMARY: The Merit Systems ProtectionBoard (MSPB or Board) announces theopportunity to file amicus briefs in thematter of Barbara R. King v. Departmentof the Air Force, MSPB Docket NumberDA0752090604P1, currentlypending before the Board oninterlocutory appeal. The administrativejudge certified for interlocutory reviewthe question of whether the provisionsof the Whistleblower ProtectionEnhancement Act of 2012 (WPEA), 112Public Law 199, with regard to damagesmay be applied retroactively to casespending prior to its effective date.

Of particular relevance in King is thequestion of the retroactive effect ofsection 107(b) of the WPEA, whichaddresses damages available toindividuals who have suffered reprisalfor protected disclosures or activities.Prior to enactment of the WPEA, thecorrective action available to suchindividuals under the WhistleblowerProtection Act (WPA) includedreasonable and foreseeableconsequential damages, but notcompensatory, or non-pecuniary,

damages. See Bohac v. Department ofAgriculture, 239 F.3d 1334, 133743(Fed. Cir. 2001). However, under section107(b) of the WPEA, corrective actionmay also include compensatorydamages (including interest, reasonableexpert witness fees, and costs).Therefore, the Board must determine inKing whether to apply the WPEAstandard or the WPA standard indetermining what corrective action isavailable in appeals pending prior to theeffective date of the WPEA.

In King, the appellants protecteddisclosures and the agencys retaliatory


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17234 Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Notices

personnel action occurred in 2009. Theappellant filed her initial Board appealin 2009, and the administrative judgeissued an initial decision on October 3,2012, finding, in relevant part, that theappellant established reprisal forwhistleblowing. The initial decisionbecame the final decision of the Boardon November 7, 2012, after neither partyfiled a petition for review. The appellantfiled her request for compensatorydamages on December 17, 2012. TheWPEA was enacted on November 27,2012, and became effective on December27, 2012.

Interested persons or organizationsmay submit amicus briefs or othercomments on the question presented inKing no later than April 12, 2013.Amicus briefs must be filed with the

Clerk of the Board. Briefs shall notexceed 30 pages in length. The text shallbe double-spaced, except for quotationsand footnotes, and the briefs shall be on81/2 by 11 inch paper with one inchmargins on all four sides. All amicusbriefs received will be posted on theBoards Web site at www.mspb.gov/SignificantCases.

DATES: All briefs submitted in responseto this notice must be received by theClerk of the Board on or before April 12,

2013.

ADDRESSES: All briefs shall be captionedBarbara R. King v. Department of theAir Force and entitled Amicus Brief.Only one copy of the brief need besubmitted. The Board encouragesinterested persons and organizations tosubmit amicus briefs as attachments toelectronic mail addressed [email protected]. An email shouldcontain a subject line indicating that thesubmission contains an amicus brief in

the King case. Any commonly-usedword processing format or PDF format isacceptable; text formats are preferable toimage formats. Briefs may also be filedwith the Office of the Clerk of the Board,Merit Systems Protection Board, 1615 MStreet NW., Washington, DC 20419; fax

(202) 6537130.FOR FURTHER INFORMATION CONTACT:


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Molly Leckey, Merit Systems ProtectionBoard, Office of the Clerk of the Board,1615 M Street NW., Washington, DC20419; (202) 6537200;

[email protected].

William D. Spencer,

Clerk of the Board.

[FR Doc. 201306349 Filed 31913; 8:45 am]


NATIONAL SCIENCE FOUNDATION

Advisory Committee for MathematicalSciences and Physical Sciences #66;Notice of Meeting

In accordance with the FederalAdvisory Committee Act (Pub. L. 92

463, as amended), the National ScienceFoundation announces the followingmeeting.

NAME: Advisory Committee forMathematical Sciences and PhysicalSciences (#66).

DATES/TIME: April 4, 2013, 1:00 p.m.

5:00 p.m.; April 5, 2013, 8:30 a.m.12:00 noon.PLACE: National Science Foundation

(NSF), 4201 Wilson Boulevard,Arlington, VA 22230. To help facilitateyour entry into the building, contact theindividual listed below. Your request toattend this meeting must be received byemail ([email protected]) on or prior toApril 1, 2013.TYPE OF MEETING: Open, Virtual.CONTACT PERSON: Dr. Kelsey Cook, Staff

Associate and MPSAC DesignatedFederal Officer, Directorate for

Mathematical and Physical Sciences,National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230Telephone #: 7032927490, [email protected].

MINUTES: Meeting minutes and otherinformation may be obtained from theStaff Associate and MPSAC Designated


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Federal Officer at the above address orthe Web site at http://www.nsf.gov/mps/advisory.jsp.

PURPOSE OF MEETING: To study data,programs, policies, and otherinformation pertinent to the NationalScience Foundation and to provideadvice and recommendationsconcerning research in mathematics andphysical sciences.

Agenda

Thursday, April 4, 2013, 1:00 p.m.5:15

p.m. State of the Directorate forMathematical and Physical Sciences Report of CHE and DMS Committeeof Visitor Reports Status Planning Reports:Synchrotron Science Subcommittee,

Optics & Photonics Subcommittee;Food/Energy/Water Subcommittee Update from the Stats NSFSubcommittee Report on Merit Review pilots Impact of new travel policies New OSTP Open Access policy andNSF response Prepare for meeting with OD: MPSissues and challengesFriday, April 5, 2013, 8:30 a.m.12:00noon

Meeting with NSF Acting Director Reports from the AdvisoryCommittee for Cyberinfrastructure, theAdvisory Committee for EnvironmentalResearch and Education, the Committeeon Equal Opportunities in Science andEngineering, and the AdvisoryCommittee for International Science andEngineering. Plans and Upcoming ChallengesDated: March 14, 2013.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 201306312 Filed 31913; 8:45 am]


POSTAL REGULATORY COMMISSION

[Docket No. MC201119 and R20113; Order


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No. 1676]

Negotiated Service AgreementAGENCY: Postal Regulatory Commission.ACTION: Notice

SUMMARY: The Commission is noticing arecent Postal Service filing concerningan amendment to Discover FinancialServices Negotiated Service Agreement.This notice informs the public of thefiling, invites public comment, andtakes other administrative steps.

DATES: Comments are due: March 27,2013.

ADDRESSES: Submit commentselectronically via the CommissionsFiling Online system at http://www.prc.gov. Those who cannot submitcomments electronically should contactthe person identified in the FOR FURTHERINFORMATION CONTACT section by

telephone for advice on filingalternatives.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, General Counsel,at 2027896820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. Notice of FilingsIII. Ordering ParagraphsI. IntroductionOn January 14, 2011, the PostalService filed a request pursuant to 39

U.S.C. 3622 and 3642, as well as 39 CFR3010 and 3020, et seq., to add a DiscoverFinancial Services (DFS) NegotiatedService Agreement (NSA) to the marketdominant product list.1 After a1 Notice of the United States Postal Service ofFiling Contract and Supporting Data and Request to


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FR Notice March 20 2013 King v Air Force Opportunity to File Amicus Briefs

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