Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-10-31.xml --- 65 211 Tuesday, October 31, 2000 Contents AID Agency for International Development NOTICES Agency information collection activities: Proposed collection; comment request, 64926 00-27918 Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 64953-64954 00-27871 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Reports and guidance documents; availability, etc.:

Human immunodeficiency virus (HIV)— HIV counseling, testing, and referral guidelines; comment request, 65241-65242 00-27869 HIV screening of pregnant women, recommendations; guidelines; comment request, 65241-65243 00-27870 Coast Guard Coast Guard RULES Drawbridge operations: New York, 64891-64892 00-27942 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Committees; establishment, renewal, termination, etc.:

Manufacturing Extension Partnership National Advisory Board, 64926 00-27900 Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity Exchange Act: Futures commission merchants; daily computation of amount of customer funds required to be segregated; amendments, 64904-64906 00-27914 Comptroller Comptroller of the Currency NOTICES Strategic plan, 65039 00-27911 Customs Customs Service NOTICES Customhouse broker license cancellation, suspension, etc.: Goldberg, Scott J., et al., 65039-65040 00-27838 United Motor Freight, Inc., et al., 65040 00-27837 Meetings: 2000 Trade Symposium, 65040 00-27836 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR):

Reverse auctioning, 65231-65232 00-27963 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 64933 00-27863 Submission for OMB review; comment request, 64933-64934 00-27876 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Incumbent/dislocated worker skill shortage II demonstration program, 64991-65007 00-27930 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:

Environmental cleanup program at sites; long-term stewardship study, 64934-64935 00-27902 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 64914-64919 00-27925 NOTICES Pesticides; emergency exemptions, etc.: Aventis CropScience; StarLink corn Cry9 Bt corn plant pesticide; scientific information assessment, 65245-65251 00-28076 Toxic and hazardous substances control: Interagency Testing Committee report; receipt and comment request, 65233-65240 00-27926 Monomer acid and derivatives; chemical nomenclature correction, 64944-64948 00-27927 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

Airbus, 64901-64904 00-27948 Bombardier, 64898-64901 00-27947 NOTICES Meetings: RTCA, Inc., 65038 00-27903 FCC Federal Communications Commission RULES Common carrier services: National Exchange Carrier Association, Inc.; access tariffs participation changes; notice period shortened, 64892-64894 00-27904 PROPOSED RULES Radio stations; table of assignments: Arizona, 64924 00-27906 Various States, 64924-64925 00-27907 NOTICES Meetings: Technological Advisory Council, 64948-64949 00-27905 FDIC Federal Deposit Insurance Corporation RULES Practice and procedure:

Civil monetary penalties; inflation adjustment, 64884-64887 00-27864 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Kentucky Utilities Co. et al., 64939-64941 00-27897 Environmental statements; notice of intent: William Gas Pipelines Central, Inc., 64941-64943 00-27849 Hydroelectric applications, 64943-64944 00-27851 00-27852 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 64935-64936 00-27848 ANR Pipeline Co., 64936 00-27854 El Paso Natural Gas Co., 64936 00-27856 FPL Energy Cape, LLC, 64936-64937 00-27899 Granite State Gas Transmission, Inc., 64937 00-27855 GridFlorida LLC et al., 64937 00-27858 Natural Gas Pipeline Co. of America, 64937 00-27857 Nicole Energy Marketing of Illinois, Inc., 64938 00-27898 Northwest Pipeline Corp., 64938 00-27850 Tennessee Gas Pipeline Co., 64938 00-27853 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 64949 00-27957 Permissible nonbanking activities, 64949-64950 00-27958 Meetings; Sunshine Act, 64950 00-28064 FTC Federal Trade Commission NOTICES Organization, functions, and authority delegations: Planning and Information Division, Associate Director, 64950 00-27953 Prohibited trade practices: WebTV Networks, Inc., 64950-64951 00-27952 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Federal debt collection and discount evaluation;

Treasury current value of funds rate, 65040-65041 00-27895 Fish Fish and Wildlife Service NOTICES Natural resource damage assessment plans; availability, etc.: Lower Fox River/Green Bay, WI, 64982 00-27944 Food Food and Drug Administration NOTICES Animal drugs, feeds, and related products: Enrofloxacin for poultry; proposal to withdraw approval; hearing, 64954-64965 00-27832 Committees; establishment, renewal, termination, etc.: Gastrointestinal Drugs Advisory Committee et al., 64965-64966 00-27835 GSA General Services Administration NOTICES Acquisition regulations:

Electrostatic Sensitive Devices (Label) (OF 87A); form cancellation, 64951-64952 00-27908 Federal Acquisition Regulation (FAR): Reverse auctioning, 65231-65232 00-27963 Privacy Act: Systems of records, 64952-64953 00-27909 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health NOTICES Agency information collection activities:

Proposed collection; comment request, 64953 00-27834 Health Health Care Financing Administration PROPOSED RULES Medicaid: Federal financial participation limits, 64919-64924 00-27923 NOTICES Medicare: Fiscal intermediaries and carriers; criteria and standards for evaluating performance (2001 FY), 64968-64974 00-27955 Medicare, Medicaid, and CLIA programs: COLA approval as CLIA accreditation organization; continuance, 64966-64968 00-27956 Housing Housing and Urban Development Department RULES Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac):

New housing goals for 2000-2003 calendar years, 65043-65229 00-27367 NOTICES Agency information collection activities: Proposed collection; comment request, 64980-64981 00-27846 Submission for OMB review; comment request, 64981 00-27845 Organization, functions, and authority delegations: Enforcement Center Director, 64981-64982 00-27844 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 64987-64990 00-27931 00-27932 00-27933 00-27934 00-27935 00-27936 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Partnership debt allocation, 64888-64890 00-27826 NOTICES Agency information collection activities: Proposed collection; comment request, 65041 00-27961 Meetings: Information Reporting Program Advisory Committee, 65041-65042 00-27962 International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— Canada, 64926-64932 00-27949 International International Trade Commission NOTICES Meetings; Sunshine Act, 64987 00-28018 Justice Justice Department See Immigration and Naturalization Service See Justice Programs Office Justice Justice Programs Office NOTICES Environmental statements; availability, etc.:

Methamphetamine Law Enforcement Program, 64990-64991 00-27839 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 64991 00-27937 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Utah, 64982-64983 00-26305 Meetings: Resource Advisory Councils— Front Range, 64983-64984 00-27843 Survey plat filings:

Idaho, 64984 00-26426 Management Management and Budget Office NOTICES Hospital and medical care and treatment furnished by United States, costs; rates regarding recovery from tortiously liable third persons (Circular A-25), 65024-65032 00-27726 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: MACCOBOY III, 65038-65039 00-27929 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Reverse auctioning, 65231-65232 00-27963 National Archives National Archives and Records Administration NOTICES Services for persons with limited English proficiency; comment request, 65016-65017 00-27901 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Combined Arts Advisory Panel, 65017 00-27917 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 64974 00-27890 Meetings: Director's Council of Public Representatives, 64974-64975 00-27887 National Cancer Institute, 00-27879 00-27880 00-27881 64975-64976 00-27888 National Center for Complementary and Alternative Medicine, 64976 00-27882 National Institute of Allergy and Infectious Diseases, 64976-64977 00-27883 00-27884 00-27885 National Institute of Diabetes and Digestive and Kidney Diseases, 64976 00-27878 Scientific Review Center, 64977-64980 00-27877 00-27886 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Amylin Pharmaceuticals, Inc.; correction, 64980 00-27889 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish; correction, 64895-64896 00-27874 Atlantic coastal fisheries cooperative management— Horseshoe crab; cancellation of Federal moratorium on Virginia, 64896-64897 00-27866 Northeastern United States Fisheries— Spiny dogfish, 64894-64895 00-27867 NOTICES Meetings:

Western Pacific Fishery Management Council, 64932 00-27875 Permits: Marine mammals, 64932-64933 00-27873 National Park National Park Service NOTICES Agency information collection activities: Proposed collection; comment request, 64984-64985 00-27840 Environmental statements; availability, etc.: Petrified Forest National Park, AZ, 64985 00-27476 Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr., Memorial Parkway, WY and MT, 64986 00-27478 Meetings: National Park System Advisory Board, 64986-64987 00-27868 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 65017-65018 00-28035 Post Accident Sampling System; license amendment applications; model safety evaluation, etc., 65018-65024 00-27941 Regulatory guides; issuance, availability, and withdrawal, 65024 00-27939 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 65008-65011 00-27921 00-27922 00-27972 Office Office of Management and Budget See Management and Budget Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Care Services Employees et al., 65011-65016 00-27915 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 65034 00-27987 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 65034-65037 00-27860 *Applications, hearings, determinations, etc.:* CyberSentry, Inc., 65032 00-27912 Public utility holding company filings, 65033-65034 00-27859 Special Special Counsel Office RULES Prohibited personnel practice or other prohibited activity; complaints and information disclosures filing, 64881-64884 00-27828 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions:

Missouri, 64906-64914 00-27919 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES Meetings: Customs Matters Industry Functional Advisory Committee, 65037 00-27861 Reports and guidance documents; availability, etc.: Foreign Trade Barriers; National Trade Estimate Report; comment request, 65037-65038 00-27950 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Comptroller of the Currency See Customs Service See Fiscal Service See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Meetings:

National Research Advisory Council, 65042 00-27960 Separate Parts In This Issue Part II Department of Housing and Urban Development, 65043-65229 00-27367 Part III Department of Defense, General Services Administration, National Aeronautics and Space Administration, 65231-65232 00-27963 Part IV Environmental Protection Agency, 65233-65240 00-27926 Part V Department of Health and Human Services, Centers for Disease Control, 65241-65243 00-27869 00-27870 Part VI Environmental Protection Agency, 65245-65251 00-28076 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 211 Tuesday, October 31, 2000 Rules and Regulations OFFICE OF SPECIAL COUNSEL 5 CFR Part 1800 RIN 3255-ZA00 Filing Complaints of Prohibited Personnel Practice or Other Prohibited Activity;

Filing Disclosures of Information AGENCY: Office of Special Counsel. ACTION: Final rule. SUMMARY: The Office of Special Counsel

(OSC)is issuing a final rule amending its regulations at 5 CFR part 1800 to: provide basic information about OSC jurisdiction over complaints of improper employment practices, and over disclosures of information of wrongdoing in federal agencies (also known as “whistleblower disclosures”); implement a requirement that complaint filers use an OSC form to submit allegations of improper employment practices (other than alleged Hatch Act violations); outline procedures to be followed by OSC when filers submit complaints (other than Hatch Act allegations) in formats other than an OSC complaint form; revise and update descriptions of information needed by OSC to process both complaints alleging Hatch Act violations and whistleblower disclosures; and update contact information for sending complaints and disclosures to OSC, and for obtaining OSC complaint and disclosure forms. DATES: This rule is effective on December 1, 2000. FOR FURTHER INFORMATION CONTACT: Kathryn Stackhouse, Attorney, Planning and Advice Division, by telephone at

(202)653-8971, or by fax at

(202)653-5161. Information on the rule is also available on OSC's Web site (at *www.osc.gov* ). SUPPLEMENTARY INFORMATION: I. Rulemaking History On August 16, 2000, OSC published for comment a proposed rule revising agency regulations at 5 CFR part 1800. *See* 65 FR 49949. OSC issued the proposed rule pursuant to 5 U.S.C. 1212(e), which authorizes the Special Counsel to prescribe and publish such regulations as may be necessary to perform the functions of the office. A brief outline of the purposes for which OSC has revised part 1800 follows:

(1)*To provide basic information about OSC jurisdiction over complaints of improper employment practices and whistleblower disclosures.* Sections 1800.1 and 1800.2 currently outline procedures for filing complaints and disclosures with OSC, with no reference to its basic jurisdiction. The revision of Part 1800 outlines matters within OSC's jurisdiction under each section as an aid to persons considering filing a complaint or disclosure.

(2)*To implement a requirement that complaint filers use an OSC complaint form to submit allegations of improper employment practices (other than alleged Hatch Act violations).* Most complaints received by OSC consist of allegations of improper employment practices other than Hatch Act violations. Section 1800.1, at paragraphs (b)(1)-(6), currently outlines the types of information that should be provided in a complaint, and indicates that complaints can be submitted in any written format. Given this latitude, there have been considerable disparities in the way complaint information is presented to OSC. Mandatory use of the revised Form OSC-11, rather than any written format chosen by a complaint filer, will help:

(a)Enable complainants to obtain useful information about OSC jurisdiction and procedures before filing the complaint;

(b)produce more complete and consistent presentations of facts needed by OSC to review, follow up on, and investigate complaints of improper employment practices; and

(3)*To outline procedures to be followed by OSC when filers submit complaints (other than Hatch Act allegations) in formats other than Form OSC-11.* Under the revision of § 1800.1, if a person uses a format other than the required OSC form to file a complaint (other than a Hatch Act allegation), the material submitted will be returned to the filer with a blank Form OSC-11 to fill out and return to OSC. Processing of the complaint will begin upon OSC's receipt of the completed Form OSC-11.

(4)*To revise and update descriptions of information needed by OSC to process both complaints alleging Hatch Act violations and whistleblower disclosures.* OSC will continue to permit filers of complaints alleging Hatch Act violations, and filers of whistleblower disclosures, to submit such matters to OSC in any written format, including OSC's complaint and disclosure forms (Forms OSC-11 and OSC-12, respectively). Sections 1800.1 and 1800.2 currently describe information needed by OSC to review and evaluate complaints and disclosures. The revision of § 1800.1 tailors the description to Hatch Act allegations, for filers who submit them in formats other than an OSC complaint form. The revision of § 1800.2 updates the description of information needed in whistleblower disclosures to OSC, for filers who submit them in a format other than the OSC disclosure form.

(5)*To update contact information for sending complaints and disclosures to OSC, and for obtaining OSC complaint and disclosure forms.* Since OSC's current regulations were published, its mailing address for complaints and disclosures has changed, and a Web site, at which many OSC forms and publications are available to the public, has been established. The revision of §§ 1800.1 and 1800.2 updates both sections with current mailing and Web site address information. Following OSC's publication of the notice of proposed rulemaking, the Office of Management and Budget

(OMB)approved a revised complaint form (Form OSC-11), along with a revised form for whistleblower disclosures (Form OSC-12), as a collection of information (OMB Control No. 3255-0002) under the Paperwork Reduction Act. *See* 65 FR 41512 (July 5, 2000) for a description of the revisions to both forms. II. Summary of Comments The proposed rule provided a 60-day comment period, and invited comments from current and former Federal employees, employee representatives, other Federal agencies, and the general public. OSC also posted the notice of proposed rulemaking on its Web site. Timely comments were received from two sources, an individual and an executive branch agency. After carefully considering the comments and making appropriate modifications, OSC is publishing this final rule pursuant to 5 U.S.C. 1212(e). The individual respondent stated that making use of OSC's complaint form mandatory would further discourage federal employees from reporting unlawful and wasteful actions by federal agencies. He suggested that OSC could simply provide the form and the information requested to complainants, and request that they respond. OSC has implemented a variant of this suggestion over the years—either accepting and acting on complaints in whatever form submitted, or offering persons who inquired the option of submitting their complaints on an OSC complaint form. As described in the notice of proposed rulemaking, this led to considerable disparities in the way complaint information was presented to OSC. In addition, due to a lack of awareness about or misunderstanding of its role and jurisdiction, OSC received many complaints about matters that it had no legal authority to pursue. OSC has concluded that mandatory use of its revised complaint form will be more efficient, effective, and useful, both for complaint filers and OSC. As outlined in the Rulemaking History section, above, mandatory use of the OSC form, rather than any written format chosen by a filer, will help:

(a)Enable complainants to obtain useful information about OSC jurisdiction and procedures before filing a complaint (including information about matters outside OSC's jurisdiction, election of remedies, OSC deferral policies, legal elements required to establish reprisal for whistleblowing, and certain appeal rights to the Merit Systems Protection Board (“the Board”);

(b)produce more complete and consistent presentations of facts needed by OSC to review, follow up on, and investigate complaints of improper employment practices; and

(c)make more efficient use of OSC's limited resources, by reducing the time spent by staff in answering threshold questions about jurisdiction and procedures, and in soliciting basic information about allegations in complaints. The respondent's comment, however, led OSC to conclude that the final rule should state more clearly the procedures that OSC will follow when allegations are received in a format other than an OSC complaint form. Therefore, OSC is revising the final regulation, at § 1800.1(f), to indicate that:

(a)When allegations are received in a format other than an OSC complaint form, the material submitted will be returned to the filer with a blank Form OSC-11 to complete and return to OSC; and

(b)the complaint will be considered to be filed on the date on which OSC receives the completed Form OSC-11. OSC anticipates that the return of allegations and supporting material may be required more frequently for some months after use of the complaint form becomes mandatory on December 1, 2000. After information about mandatory use of the Form OSC-11 becomes more widely known, however, OSC believes that this will occur less often. OSC also believes that, with increasing access to the Internet, its complaint form and information about its complaint procedures will be more readily available to potential filers. OSC's planned implementation of procedures permitting electronic filing of complaints by October 2003 will make that process even easier. OSC does not intend in any way to discourage federal employees from filing complaints, nor does OSC believe that this regulatory change will produce that result. Rather, OSC believes that this change will help employees make more informed decisions about whether and what to report to OSC, and will result in greater efficiencies in the complaint process. The second comment was received from an executive branch agency, which agreed with the proposal as written, and asked that OSC ensure that its complaint form comply with Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency). The executive order requires agencies to develop and begin implementing a plan to improve access to federally conducted and federally assisted programs and activities, and to submit the plan to the Department of Justice by December 11, 2000. OSC is reviewing its programs and activities to identify those that may be subject to the executive order. Should compliance with the executive order entail any revision to the complaint form, OSC will proceed accordingly. Technical, non-substantive corrections have been made to the final version of § 1800.1(e) (to correct a disagreement in the text of the proposed rule between plural and singular references to the OSC complaint form); § 1800.1(g)(1) (to substitute “complaint(s)” for an erroneous reference to “disclosure(s)”); and to § 1800.2(c)(2) (to conform the text more closely to that used in § 1800.1(e)). III. Matters of Regulatory Procedure Procedural determinations were published in the notice of proposed rulemaking for the Regulatory Flexibility Act; the Paperwork Reduction Act; the Unfunded Mandates Reform Act; the National Environmental Policy Act; Executive Order 12630 (Government Actions and Interference with Constitutionally Protected Property Rights); Executive Order 12866 (Regulatory Planning and Review); Executive Order 12988 (Civil Justice Reform); Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks); and Executive Order 13132 (Federalism). There have been no changes in these procedural determinations. List of Subjects in 5 CFR Part 1800 Administrative practice and procedure, Government employees, Investigations, Law enforcement, Political activities (Government employees), Reporting and recordkeeping requirements, Whistleblowing. For the reasons set forth in the preamble, the Office of Special Counsel is amending title 5, chapter VIII, Part 1800 as follows: PART 1800—FILING OF COMPLAINTS AND DISCLOSURES 1. The authority citation for 5 CFR Part 1800 continues to read as follows: Authority: 5 U.S.C. 1212(e). 2. Section 1800.1 is revised to read as follows: § 1800.1 Filing complaints of prohibited personnel practices or other prohibited activities.

(a)The Office of Special Counsel

(OSC)has investigative jurisdiction over the following prohibited personnel practices against current or former Federal employees and applicants for Federal employment:

(1)Discrimination, including discrimination based on marital status or political affiliation (see § 1810.1 of this chapter for information about OSC's deferral policy);

(2)Soliciting or considering improper recommendations or statements about individuals requesting, or under consideration for, personnel actions;

(3)Coercing political activity, or engaging in reprisal for refusal to engage in political activity;

(4)Deceiving or obstructing anyone with respect to competition for employment;

(5)Influencing anyone to withdraw from competition to improve or injure the employment prospects of another;

(6)Granting an unauthorized preference or advantage to improve or injure the employment prospects of another;

(7)Nepotism;

(8)Reprisal for whistleblowing (whistleblowing is generally defined as the disclosure of information about a Federal agency by an employee or applicant who reasonably believes that the information shows a violation of any law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety);

(9)Reprisal for:

(i)Exercising certain appeal rights;

(ii)Providing testimony or other assistance to persons exercising appeal rights;

(iii)Cooperating with the Special Counsel or an Inspector General; or

(iv)Refusing to obey an order that would require the violation of law;

(10)Discrimination based on personal conduct not adverse to job performance;

(11)Violation of a veterans' preference requirement; and

(12)Taking or failing to take a personnel action in violation of any law, rule, or regulation implementing or directly concerning merit system principles at 5 U.S.C. 2302(b)(1).

(b)OSC also has investigative jurisdiction over allegations of the following prohibited activities:

(1)Violation of the Federal Hatch Act at title 5 of the U.S. Code, chapter 73, subchapter III;

(2)Violation of the state and local Hatch Act at title 5 of the U.S. Code, chapter 15;

(3)Arbitrary and capricious withholding of information prohibited under the Freedom of Information Act at 5 U.S.C. 552 (except for certain foreign and counterintelligence information);

(4)Activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking;

(5)Involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action (unless the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure); and

(6)Violation of uniformed services employment and reemployment rights under 38 U.S.C. 4301, *et seq.*

(c)Complaints of prohibited personnel practices or other prohibited activities within OSC's investigative jurisdiction should be sent to: U.S. Office of Special Counsel, Complaints Examining Unit, 1730 M Street, NW, Suite 201, Washington, DC 20036-4505.

(d)Complaints alleging a prohibited personnel practice, or a prohibited activity other than a Hatch Act violation, must be submitted on Form OSC-11 (“Complaint of Possible Prohibited Personnel Practice or Other Prohibited Activity”).

(1)The form includes a section (Part 2) that must be completed in connection with allegations of reprisal for whistleblowing, including identification of:

(i)Each disclosure involved;

(ii)The date of each disclosure;

(iii)The person to whom each disclosure was made; and

(iv)The type and date of any personnel action that occurred because of each disclosure.

(2)If a complainant who has alleged reprisal for whistleblowing seeks to supplement a pending OSC complaint by reporting a new disclosure or personnel action, then, at OSC's discretion:

(i)The complainant will be required to document the disclosure or personnel action in the Part 2 format, or

(ii)OSC will document the disclosure or personnel action in the Part 2 format, a copy of which will be provided to the complainant upon OSC's closure of the complaint.

(e)Form OSC-11 is available by writing to OSC at the address shown in paragraph

(c)of this section; by calling OSC at

(800)872-9855; or by printing the form from OSC's Web site (at *http://www.osc.gov* ).

(f)Except for complaints alleging only a Hatch Act violation, OSC will not process a complaint submitted in any format other than a completed Form OSC-11. If a person uses a format other than the required OSC form to file a complaint (other than a Hatch Act allegation), the material received by OSC will be returned to the filer with a blank Form OSC-11 to complete and return to OSC. The complaint will be considered to be filed on the date on which OSC receives the completed Form OSC-11.

(g)Complaints alleging only a Hatch Act violation may be submitted in any written form to the address shown in paragraph

(c)of this section, but should include:

(1)The name, mailing address, and telephone number(s) of the complainant(s), and a time when the person(s) making the complaint(s) can be safely contacted, unless the matter is submitted anonymously;

(2)The department or agency, location, and organizational unit complained of; and

(3)A concise description of the actions complained about, names and positions of employees who took these actions, if known to the complainant, and dates, preferably in chronological order, together with any documentary evidence the complainant may have. 3. Section 1800.2 is revised to read as follows: § 1800.2 Filing disclosures of information.

(a)OSC is authorized by law (at 5 U.S.C. 1213) to provide an independent and secure channel for use by current or former Federal employees and applicants for Federal employment in disclosing information that they reasonably believe shows wrongdoing by a Federal agency. The law requires OSC to determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety. If so, OSC must refer the information to the agency head involved for investigation and a written report on the findings to the Special Counsel. The law does not give OSC jurisdiction to investigate the disclosure.

(b)Employees, former employees, or applicants for employment wishing to file a whistleblower disclosure with OSC should send the information to: U.S. Office of Special Counsel, Disclosure Unit, 1730 M Street, NW, Suite 201, Washington, DC 20036-4505.

(c)A disclosure of the type of information described in paragraph

(a)of this section should be submitted in writing, using any of the following formats:

(1)Filers may use Form OSC-12 (“Disclosure of Information”), which provides more information about OSC jurisdiction and procedures for processing whistleblower disclosures. This form is available from OSC by writing to the address shown in paragraph

(b)of this section; by calling OSC at

(800)572-2249; or by printing the form from OSC's Web site (at *http://www.osc.gov* ).

(2)Filers may use another written format, but the submission should include:

(i)The name, mailing address, and telephone number(s) of the person(s) making the disclosure(s), and a time when that person(s) can be safely contacted by OSC;

(ii)The department or agency, location and organizational unit complained of; and

(iii)A statement as to whether the filer consents to the disclosure of his or her identity to the agency by OSC in connection with any referral to the appropriate agency. Dated: October 25, 2000. Elaine Kaplan, Special Counsel. [FR Doc. 00-27828 Filed 10-30-00; 8:45 am]

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