Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices 9431 

Individuals who need other 

accommodations due to disability in 

order to attend the meeting in person or 

telephonically should contact Atitaya 

Rok, at (202) 295–1500 or 

FR_NOTICE_QUESTIONS@lsc.gov, at 

least 2 business days in advance of the 

meeting. If a request is made without 

advance notice, LSC will make every 

effort to accommodate the request but 

cannot guarantee that all requests can be 

fulfilled. 

Dated: February 6, 2013. 

Kara Ward, 

Assistant General Counsel. 

[FR Doc. 2013–03067 Filed 2–6–13; 4:15 pm] 

BILLING CODE 7050–01–P 

MERIT SYSTEMS PROTECTION 

BOARD 

Notice of Opportunity To File Amicus 

Briefs 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or Board) announces the 

opportunity to file amicus briefs in the 

matter of Thomas F. Day v. Department 

of Homeland Security, MSPB Docket 

Number SF–1221–12–0528–W–1, 

currently pending before the Board on 

interlocutory appeal. The administrative 

judge certified for interlocutory review 

the question of whether the provisions 

of the Whistleblower Protection 

Enhancement Act of 2012 (WPEA), 112 

Public Law 199, may be applied 

retroactively to pending cases involving 

conduct occurring prior to its effective 

date. 

Of particular relevance in Day is the 

question of the retroactive effect of 

section 101(b)(2)(B) of the WPEA, which 

provides in relevant part that a 

disclosure made to an alleged 

wrongdoer or during an employee’s 

normal course of duties is not excluded 

from protection against reprisal under 5 

U.S.C. 2302(b)(8). In Huffman v. Office 

of Personnel Management, 263 F.3d 

1341, 1352 (Fed. Cir. 2001), the U.S. 

Court of Appeals for the Federal Circuit 

held that a disclosure made as part of an 

employee’s normal duties, and through 

normal channels, was not protected 

under the Whistleblower Protection Act 

(WPA). The court in Huffman further 

held that a complaint made to a 

supervisor regarding the supervisor’s 

own alleged wrongdoing was not 

protected under the WPA. Id. at 1350. 

The Board has applied the holdings in 

Huffman as binding precedent. See, e.g., 

Stiles v. Department of Homeland 

Security, 116 M.S.P.R. 263, ¶ 15 (2011). 

Therefore, the Board must determine in 

Day whether to apply the WPEA 

standard or the Huffman standard in 

determining whether disclosures that 

occurred prior to the effective date of 

the WPEA are entitled to protection. 

Information about the Day case and the 

WPEA may be found on the Board’s 

Web site at www.mspb.gov/ 

SignificantCases. 

Interested individuals or 

organizations may submit amicus briefs 

or other comments on the question 

presented in Day no later than March 1, 

2013. 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 

81⁄2 by 11 inch paper with one inch 

margins on all four sides. All amicus 

briefs received will be posted on the 

Board’s Web site at www.mspb.gov/ 

SignificantCases after March 1, 2013. 

DATES: All briefs submitted in response 

to this notice must be received by the 

Clerk of the Board on or before March 

1, 2013. 

ADDRESSES: All briefs shall be captioned 

‘‘Thomas F. Day v. Department of 

Homeland Security’’ 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 that the 

submission contains an amicus brief in 

the Day 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. 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2013–02879 Filed 2–7–13; 8:45 am] 

BILLING CODE 7400–01–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Information Security Oversight Office 

National Industrial Security Program 

Policy Advisory Committee (NISPPAC) 

AGENCY: National Archives and Records 

Administration. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act (5 

U.S.C. app 2) and implementing 

regulation 41 CFR 101–6, 

announcement is made for the following 

committee meeting to discuss National 

Industrial Security Program policy 

matters. 

DATES: The meeting will be held on 

March 20, 2013 from 10:00 a.m. to 12:00 

p.m. 

ADDRESSES: National Archives and 

Records Administration, 700 

Pennsylvania Avenue NW., Archivist’s 

Reception Room, Room 105, 

Washington, DC 20408. 

SUPPLEMENTARY INFORMATION: This 

meeting will be open to the public. 

However, due to space limitations and 

access procedures, the name and 

telephone number of individuals 

planning to attend must be submitted to 

the Information Security Oversight 

Office (AISOO) no later than Friday, 

March 15, 2013. ISOO will provide 

additional instructions for gaining 

access to the location of the meeting. 

FOR FURTHER INFORMATION CONTACT: 

David O. Best, Senior Program Analyst, 

ISOO, National Archives Building, 700 

Pennsylvania Avenue NW., Washington, 

DC 20408, telephone number (202) 357– 

5123, or at david.best@nara.gov. Contact 

ISOO at ISOO@nara.gov and the 

NISPPAC at NISPPAC@nara.gov. 

Dated: February 4, 2013. 

Patrice Little Murray, 

Acting Committee Management Officer. 

[FR Doc. 2013–02884 Filed 2–7–13; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0081; Docket No. 70–3098; 

Construction Authorization No. CAMOX– 

001] 

Shaw AREVA MOX Services, LLC 

(Mixed Oxide Fuel Fabrication Facility); 

Order Approving Indirect Transfer of 

Control of Construction Authorization 

I 

Shaw AREVA MOX Services, LLC 

(MOX Services) holds Construction 


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