Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 27533 

take, or threaten to take or fail to take, 

a personnel action against an employee 

or applicant because of disclosure of 

information by that individual that is 

reasonably believed to evidence 

violations of law, rule or regulation; 

gross mismanagement; gross waste of 

funds; an abuse of authority; or a 

substantial and specific danger to public 

health or safety, unless disclosure of 

such information is specifically 

prohibited by law and such information 

is specifically required by Executive 

order to be kept secret in the interest of 

national defense or the conduct of 

foreign affairs. 

Retaliation against an employee or 

applicant for making a protected 

disclosure is prohibited by 5 U.S.C. 

2302(b)(8). If you believe that you have 

been the victim of whistleblower 

retaliation, you may file a written 

complaint (Form OSC–11) with the U.S. 

Office of Special Counsel at 1730 M 

Street NW., Suite 218, Washington, DC 

20036–4505 or online through the OSC 

Web site—http://www.osc.gov. 

Retaliation for Engaging in Protected 

Activity 

A Federal agency cannot retaliate 

against an employee or applicant 

because that individual exercises his or 

her rights under any of the Federal 

antidiscrimination or whistleblower 

protection laws listed above. If you 

believe that you are the victim of 

retaliation for engaging in protected 

activity, you must follow, as 

appropriate, the procedures described in 

the Antidiscrimination Laws and 

Whistleblower Protection Laws sections 

or, if applicable, the administrative or 

negotiated grievance procedures in 

order to pursue any legal remedy. 

Disciplinary Actions 

Under the existing laws, each agency 

retains the right, where appropriate, to 

discipline a Federal employee for 

conduct that is inconsistent with 

Federal Antidiscrimination and 

Whistleblower Protection Laws up to 

and including removal. If OSC has 

initiated an investigation under 5 U.S.C. 

1214, however, according to 5 U.S.C. 

1214(f), agencies must seek approval 

from the Special Counsel to discipline 

employees for, among other activities, 

engaging in prohibited retaliation. 

Nothing in the No FEAR Act alters 

existing laws or permits an agency to 

take unfounded disciplinary action 

against a Federal employee or to violate 

the procedural rights of a Federal 

employee who has been accused of 

discrimination. 

Additional Information 

For further information regarding the 

No FEAR Act regulations, refer to 5 CFR 

part 724, as well as the appropriate 

offices within SIGAR (e.g., human 

resources office or the Office of General 

Counsel) or Army (Washington 

Headquarters Service). Additional 

information regarding Federal 

antidiscrimination, whistleblower 

protection and retaliation laws can be 

found at the EEOC Web site—http:// 

www.eeoc.gov and the OSC Web site— 

http://www.osc.gov. 

Existing Rights Unchanged 

Pursuant to section 205 of the No 

FEAR Act, neither the Act nor this 

notice creates, expands or reduces any 

rights otherwise available to any 

employee, former employee or applicant 

under the laws of the United States, 

including the provisions of law 

specified in 5 U.S.C. 2302(d). 

[FR Doc. 2012–11300 Filed 5–9–12; 8:45 am] 

BILLING CODE 3710–L9–P 

DEPARTMENT OF STATE 

[Public Notice 7877] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Ends 

of the Earth: Land Art to 1974’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236–3 of August 28, 2000 (and, as 

appropriate, Delegation of Authority No. 

257 of April 15, 2003), I hereby 

determine that the objects to be 

included in the exhibition ‘‘Ends of the 

Earth: Land Art to 1974’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to a loan agreement with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit objects at The Museum of 

Contemporary Art, Los Angeles, CA, 

from on or about May 27, 2012, until on 

or about September 3, 2012; and at 

possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: May 7, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–11314 Filed 5–9–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice: 7876] 

Application for Presidential Permit To 

Construct, Operate and Maintain 

Pipeline Facilities on the Border of the 

United States 

AGENCY: Department of State. 

ACTION: Notice of Receipt of Application 

for a Presidential Permit to Construct, 

Operate and Maintain Pipeline Facilities 

on the Border of the United States. 

SUMMARY: Notice is hereby given that 

the Department of State (DOS) has 

received an application to construct, 

operate and maintain pipeline facilities 

on the border of the United States from 

TransCanada Keystone Pipeline, L.P. 

TransCanada Keystone Pipeline, L.P. 

has applied for a Presidential Permit to 

construct and operate border crossing 

facilities at the U.S./Canadian border in 

Phillips County, near Morgan, Montana, 

in connection with a proposed pipeline 

that is designed to transport crude oil 

produced in the Western Canadian 

Sedimentary Basin (WCSB) and from 

other sources to a terminus in Steele 

City, Nebraska where it is designed to 

link with an existing pipeline 

continuing to oil storage facilities in 

Cushing, Oklahoma. 

Under E.O. 13337, as amended, the 

Secretary of State is designated and 

empowered to receive all applications 

for Presidential permits for the 

construction, connection, operation, or 

maintenance at the borders of the 

United States, of facilities for the 

exportation or importation of petroleum, 

petroleum products, coal, or other fuels 

to or from a foreign country. As a part 

of the review of the application for 

Presidential Permits, the Secretary of 

State must determine whether or not the 

project would be in the national 

interest. The determination of national 

interest involves consideration of many 

factors, including energy security, 

health, environmental, cultural, and 

mstockstill on DSK4VPTVN1PROD with NOTICES

27534 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 

economic concerns. Before making a 

decision on the proposed Project, DOS 

will consult with the eight federal 

agencies identified in Executive Order 

13337: The Departments of Energy, 

Defense, Transportation, Homeland 

Security, Justice, Interior, and 

Commerce, and the Environmental 

Protection Agency. 

The Department of State also intends 

to evaluate the potential environmental 

effects of the proposed project 

consistent with Section 102(C) of the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4332(C)) and 

implementing regulations promulgated 

by the Council on Environmental 

Quality (40 CFR parts 1500–1508) and 

the Department of State (22 CFR part 

161), including in particular 22 CFR 

161.7(c)(1). In addition, the Department 

of State intends to conduct 

consultations on possible impacts to 

traditional or cultural properties with 

interested Native American tribes 

consistent with Section 106 of the 

National Historical Preservation Act 

(NHPA). 

FOR FURTHER INFORMATION CONTACT: The 

DOS Project Web site 

(www.keystonepipeline-xl.state.gov) 

provides Project-related information for 

viewing and downloading. 

Issued in Washington, DC, on May 4, 2012. 

Dated: May 4, 2012. 

Cynthia H. Akuetteh, 

Acting Director, Office of Asia and Western 

Hemisphere, Bureau of Energy Resources, 

U.S. Department of State. 

Dated: May 4, 2012. 

George N. Sibley, 

Director, Office of Environmental Policy, 

Bureau of Oceans and International 

Environmental and Scientific Affairs, U.S. 

Department of State. 

[FR Doc. 2012–11298 Filed 5–9–12; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending April 28, 2012 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1382 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2012– 

0063. 

Date Filed: April 23, 2012. 

Parties: Members of the International 

Air Transport Association. 

Subject: Mail Vote 708TC3, Special 

Passenger Amending Resolution 010o, 

Special Passenger Amending Resolution 

between Myanmar and TC3 (except 

South West Pacific), e-Tariffs, 18–20 

April 2012. Intended Effective Date: 25 

April 2012. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. 2012–11308 Filed 5–9–12; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

[Docket No. DOT–OST–2012–0044] 

Department of Transportation Updated 

Environmental Justice Order 5610.2(a) 

AGENCY: Office of the Secretary of 

Transportation, DOT. 

ACTION: Final DOT Environmental 

Justice Order. 

SUMMARY: The Department of 

Transportation (the Department or DOT) 

is issuing an update to Departmental 

Order 5610.2(a) (Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations). This Order updates the 

Department’s original Environmental 

Justice Order, which was published 

April 15, 1997. The Order continues to 

be a key component of the Department’s 

strategy to promote the principles of 

environmental justice in all 

Departmental programs, policies, and 

activities. 

DOT Order 5610.2(a) sets forth the 

DOT policy to consider environmental 

justice principles in all (DOT) programs, 

policies, and activities. It describes how 

the objectives of environmental justice 

will be integrated into planning and 

programming, rulemaking, and policy 

formulation. The Order sets forth steps 

to prevent disproportionately high and 

adverse effects to minority or lowincome populations through Title VI 

analyses and environmental justice 

analyses conducted as part of Federal 

transportation planning and NEPA 

provisions. It also describes the specific 

measures to be taken to address 

instances of disproportionately high and 

adverse effects and sets forth relevant 

definitions. 

This updated Order reaffirms DOT’s 

commitment to environmental justice 

and clarifies certain aspects of the 

original Order, including the definitions 

of ‘‘minority’’ populations in 

compliance with the Office of 

Management and Budget’s (OMB) 

Revisions to the Standards for the 

Classification of Federal Data on Race 

and Ethnicity of October 30, 1997. The 

revisions clarify the distinction between 

a Title VI analysis and an environmental 

justice analysis conducted as part of a 

NEPA review, and affirm the 

importance of considering 

environmental justice principles as part 

of early planning activities in order to 

avoid disproportionately high and 

adverse effects. The updated Order 

maintains the original Orders general 

framework and procedures and DOT’s 

commitment to promoting the 

principles of environmental justice in 

all DOT programs, policies, and 

activities. 

This Order is effective upon its date 

of issuance. 

FOR FURTHER INFORMATION CONTACT: Beth 

Osborne, Deputy Assistant Secretary for 

Transportation Policy, telephone (202) 

366–8979, or EJ@dot.gov, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

Order 5610.2(a) 

Subject: Department of Transportation 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

1. Purpose and Authority 

a. This Order updates and clarifies 

environmental justice procedures for the 

Department in response to the 

Memorandum of Understanding on 

Environmental Justice signed by heads 

of Federal agencies on August 4, 2011, 

DOT’s revised environmental justice 

strategy issued on March 2, 2012, and 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations, dated February 11, 1994. 

The Department’s original 

Environmental Justice Order, issued 

April 15, 1997, was a key component of 

the Department’s original strategy and 

established procedures to be used by 

DOT to comply with Executive Order 

12898. This revised Order continues to 

be a key component of DOT’s 

environmental justice strategy. It 

updates and clarifies certain aspects of 

the original Order while maintaining its 

general framework and procedures and 

DOT’s commitment to promoting the 

principles of environmental justice in 

all DOT programs, policies, and 

activities. Relevant definitions are in the 

Appendix. 

b. Executive Order 12898 requires 

each Federal agency, to the greatest 

mstockstill on DSK4VPTVN1PROD with NOTICES