No Fear Act, 75670-75671 [E8-29405]

Download as PDF 75670 Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21). Dated: December 3, 2008. Steven A. Ellis, Forest Supervisor, Wallowa-Whitman National Forest. [FR Doc. E8–29131 Filed 12–11–08; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Forest Service Notice of Proposed New Fee Sites; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108–447) Alice B. Canton, Forest Supervisor, Plumas National Forest, 159 Lawrence Street, Quincy, California 95971. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Judy Schaber, Assistant Resource Officer, Recreation, 530–836–2575. SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108–447) directed the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established. Once public involvement is complete, these new fees will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation. Campsites will continue to be available on a first come, first served basis. AGENCY: Plumas National Forest, USDA Forest Service. ACTION: Notice of Proposed New Fee Sites. Dated: November 24, 2008. Alice B. Carlton, Forest Supervisor. [FR Doc. E8–29129 Filed 12–11–08; 8:45 am] The Plumas National Forest is planning to charge new fees at four recreation campgrounds within the Lakes Basin Recreation Area. All sites have had amenities added to improve services and experiences. Fees are assessed based on the level of amenities and services provided, cost of operation and maintenance, market assessment, and public comment. The fees listed are only proposed and will be determined upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance and improvement of these recreation sites. Gold Lake Campground (37 sites), Gold Lake 4x4 Campground (16 sites), Goose Lake Campground (13 sites) and Haven Lake Campground (4 sites), are currently fee free sites. The use at these popular campgrounds is historic and the sites are rustic. Improvements have been made including designating 70 campsites, installing fire rings, and adding garbage service. Three new toilets and picnic tables were installed at the Gold Lake 4x4 campground. One new toilet was installed at Goose Lake Campground. Improvements will address sanitation and safety concerns, and improve deteriorating resource conditions and recreation experiences. A financial analysis is being completed to determine fee rates. The proposed fee to help maintain this site would range between $8 and $10 a campsite and $3.00 per one additional vehicle per campsite. BILLING CODE 3410–11–M jlentini on PROD1PC65 with NOTICES SUMMARY: DATES: New fees would begin after July 2009. VerDate Aug<31>2005 17:56 Dec 11, 2008 Jkt 217001 AMERICAN BATTLE MONUMENTS COMMISSION No Fear Act AGENCY: American Battle Monuments Commission. ACTION: Notice. SUMMARY: The American Battle Monuments Commission (ABMC) is providing notice to its employees, former employees, and applicants for federal employment about the rights and remedies available to them under the Federal antidiscrimination, whistleblower protection, and retaliation laws. This notice fulfills the ABMC’s initial notification obligation under the Notification and Federal Employees Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by the Office of Personnel Management (OPM) regulations at 5 CFR part 724. FOR FURTHER INFORMATION CONTACT: Visit the ABMC Web site at https:// www.abmc.gov, or contact Michael Conley, Director, Equal Employment Opportunity (EEO), by mail at American Battle Monuments Commission, 2300 Clarendon Boulevard, Suite 500, Arlington, VA 22201, or by phone at (703) 696–5177. SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ which is now known as the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 No FEAR Act. See Public Law 107–174, codified at 5 U.S.C. 2301 note. As stated in the full title of the Act, the Act is intended to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Public Law 107–174, § 101(1). The Act also requires this agency to provide this notice to its Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination, whistleblower protection, and retaliation laws. Antidiscrimination Laws A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, national origin, religion, sex, age, disability, sexual orientation, parental status or any other non-merit factor. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e–16. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin or disability, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with your agency. See, e.g., 29 CFR part 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel (OSC) (see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the agency’s administrative grievance procedures, if such procedures apply and are available. E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to 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, 1730 M Street, NW., Suite 218, Washington, DC 20036–4505, or online through the OSC Web site at https://www.osc.gov. Retaliation for Engaging in Protected Activity jlentini on PROD1PC65 with NOTICES 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 21:28 Dec 11, 2008 Jkt 217001 Additional Information For further information regarding the No FEAR Act regulations, refer to 5 CFR part 724, as well as the appropriate offices within the ABMC (e.g., EEO or Personnel and Administration). Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found on the EEOC Web site at https://www.eeoc.gov and on the OSC Web site at https://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). Theodore Gloukhoff, Director, Personnel and Administration. [FR Doc. E8–29405 Filed 12–11–08; 8:45 am] BILLING CODE 6120–01–M ARCTIC RESEARCH COMMISSION A Federal agency cannot retaliate against an employee or applicant because that individual exercised 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. VerDate Aug<31>2005 employee or to violate the procedural rights of a Federal employee who has been accused of discrimination. Meeting Notice is hereby given that the U.S. Arctic Research Commission will hold its 88th meeting in San Francisco, CA on Dec 14–19, 2008. The Business Session, open to the public, will convene at 9:30 a.m. Tuesday, Dec 16, 2008 in San Francisco, CA. An Executive Session will follow adjournment of the Business Session. The Agenda items include: (1) Call to order and approval of the Agenda. (2) Approval of the Minutes of the 87th Meeting. (3) Commissioners and Staff Reports. (4) Discussion of USARC Goals and Activities. The focus of the meeting will be reports and updates on programs and research projects affecting the Arctic. Any person planning to attend this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Contact Person for More Information: John Farrell, Executive Director, U.S. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 75671 Arctic Research Commission, 703–525– 0111 or TDD 703–306–0090. John Farrell, Executive Director. [FR Doc. E8–29546 Filed 12–11–08; 8:45 am] BILLING CODE 7555–01–P BROADCASTING BOARD OF GOVERNORS Sunshine Act Meeting DATE AND TIME: Tuesday, December 9, 2008; 1 p.m.–2:15 p.m. PLACE: Cohen Building, Room 3360, 330 Independence Ave., SW., Washington, DC 20237. CLOSED MEETING: The members of the Broadcasting Board of Governors (BBG) will meet in a special session to review and discuss budgetary issues relating to U.S. Government-funded non-military international broadcasting. This meeting is closed because if open it likely would either disclose matters that would be properly classified to be kept secret in the interest of foreign policy under the appropriate executive order (5 U.S.C. 552b.(c)(1)) or would disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action. (5 U.S.C. 552b.(c)(9)(B)) In addition, part of the discussion will relate solely to the internal personnel and organizational issues of the BBG or the International Broadcasting Bureau. (5 U.S.C. 552b.(c)(2) and (6)) CONTACT PERSON FOR MORE INFORMATION: Persons interested in obtaining more information should contact Timi Nickerson Kenealy at (202) 203–4545. Dated: December 9, 2008. Timi Nickerson Kenealy, Acting Legal Counsel. [FR Doc. E8–29551 Filed 12–10–08; 11:15 am] BILLING CODE 8610–01–P DEPARTMENT OF COMMERCE International Trade Administration (A–475–818) Certain Pasta from Italy: Notice of Extension of Final Results of Antidumping Duty Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 12, 2008. FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations, E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

American Battle Monuments Commission

[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75670-75671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29405]


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AMERICAN BATTLE MONUMENTS COMMISSION


No Fear Act

AGENCY: American Battle Monuments Commission.

ACTION: Notice.

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SUMMARY: The American Battle Monuments Commission (ABMC) is providing 
notice to its employees, former employees, and applicants for federal 
employment about the rights and remedies available to them under the 
Federal antidiscrimination, whistleblower protection, and retaliation 
laws. This notice fulfills the ABMC's initial notification obligation 
under the Notification and Federal Employees Antidiscrimination and 
Retaliation Act (No FEAR Act), as implemented by the Office of 
Personnel Management (OPM) regulations at 5 CFR part 724.

FOR FURTHER INFORMATION CONTACT: Visit the ABMC Web site at https://
www.abmc.gov, or contact Michael Conley, Director, Equal Employment 
Opportunity (EEO), by mail at American Battle Monuments Commission, 
2300 Clarendon Boulevard, Suite 500, Arlington, VA 22201, or by phone 
at (703) 696-5177.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
``Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002,'' which is now known as the No FEAR Act. See Public Law 
107-174, codified at 5 U.S.C. 2301 note. As stated in the full title of 
the Act, the Act is intended to ``require that Federal agencies be 
accountable for violations of antidiscrimination and whistleblower 
protection laws.'' In support of this purpose, Congress found that 
``agencies cannot be run effectively if those agencies practice or 
tolerate discrimination.'' Public Law 107-174, Sec.  101(1).
    The Act also requires this agency to provide this notice to its 
Federal employees, former Federal employees and applicants for Federal 
employment to inform you of the rights and protections available to you 
under Federal antidiscrimination, whistleblower protection, and 
retaliation laws.

Antidiscrimination Laws

    A Federal agency cannot discriminate against an employee or 
applicant with respect to the terms, conditions or privileges of 
employment on the basis of race, color, national origin, religion, sex, 
age, disability, sexual orientation, parental status or any other non-
merit factor. Discrimination on these bases is prohibited by one or 
more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 
29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16.
    If you believe that you have been the victim of unlawful 
discrimination on the basis of race, color, religion, sex, national 
origin or disability, you must contact an Equal Employment Opportunity 
(EEO) counselor within 45 calendar days of the alleged discriminatory 
action, or, in the case of a personnel action, within 45 calendar days 
of the effective date of the action, before you can file a formal 
complaint of discrimination with your agency. See, e.g., 29 CFR part 
1614. If you believe that you have been the victim of unlawful 
discrimination on the basis of age, you must either contact an EEO 
counselor as noted above or give notice of intent to sue to the Equal 
Employment Opportunity Commission (EEOC) within 180 calendar days of 
the alleged discriminatory action. If you are alleging discrimination 
based on marital status or political affiliation, you may file a 
written complaint with the U.S. Office of Special Counsel (OSC) (see 
contact information below). In the alternative (or in some cases, in 
addition), you may pursue a discrimination complaint by filing a 
grievance through the agency's administrative grievance procedures, if 
such procedures apply and are available.

[[Page 75671]]

Whistleblower Protection Laws

    A Federal employee with authority to take, direct others to take, 
recommend or approve any personnel action must not use that authority 
to take or fail to 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, 1730 M Street, NW., Suite 218, Washington, DC 20036-4505, or 
online through the OSC Web site at https://www.osc.gov.

Retaliation for Engaging in Protected Activity

    A Federal agency cannot retaliate against an employee or applicant 
because that individual exercised 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 the 
ABMC (e.g., EEO or Personnel and Administration). Additional 
information regarding Federal antidiscrimination, whistleblower 
protection and retaliation laws can be found on the EEOC Web site at 
https://www.eeoc.gov and on the OSC Web site at https://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).

Theodore Gloukhoff,
Director, Personnel and Administration.
[FR Doc. E8-29405 Filed 12-11-08; 8:45 am]
BILLING CODE 6120-01-M

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