No Fear Act, 25665-25666 [2011-10984]

Download as PDF Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices address the Shasta County Resource Advisory Committee. whistleblower protection, and retaliation laws. Dated: April 28, 2011. Arlen P. Cravens, Acting Forest Supervisor, Shasta-Trinity National Forest. 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 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. [FR Doc. 2011–10951 Filed 5–4–11; 8:45 am] BILLING CODE 3410–11–P AMERICAN BATTLE MONUMENTS COMMISSION No Fear Act American Battle Monuments Commission. ACTION: Notice. AGENCY: 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 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, jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:22 May 04, 2011 Jkt 223001 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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 25665 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 E:\FR\FM\05MYN1.SGM 05MYN1 25666 Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices 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). Frank A. Manies, Director, Human Resources and Administration. [FR Doc. 2011–10984 Filed 5–4–11; 8:45 am] BILLING CODE P COMMISSION ON CIVIL RIGHTS Sunshine Act Notice United States Commission on Civil Rights. ACTION: Notice of meeting. AGENCY: DATE AND TIME: Friday, May 13, 2011; 9 a.m. EDT. The Washington Marriott at Metro Center, Junior Ballroom Salons 1 and 2, 775 12th Street, NW., Washington, DC 20005. PLACE: Briefing Agenda This briefing is open to the public. Topic: Peer-to-Peer Violence and Bullying: Examining the Federal Response I. Introductory Remarks by Chairman II. Speakers’ Presentations III. Questions by Commissioners and Staff Director IV. Adjourn Briefing CONTACT PERSON FOR FURTHER INFORMATION: Lenore Ostrowsky, Acting Chief, Public Affairs Unit (202) 376– 8591. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact Pamela Dunston at (202) 376–8105 or at signlanguage@usccr.gov at least three business days before the scheduled date of the meeting. Dated: May 3, 2011. Kimberly A. Tolhurst, Senior Attorney-Advisor. [FR Doc. 2011–11116 Filed 5–3–11; 4:15 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE jlentini on DSKJ8SOYB1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). VerDate Mar<15>2010 17:22 May 04, 2011 Jkt 223001 Agency: National Oceanic and Atmospheric Administration (NOAA). Title: National Ocean Recreational Expenditure (NORE) Survey. OMB Control Number: 0648–xxxx. Form Number(s): NA. Type of Request: Regular submission (request for a new information collection). Number of Respondents: 12,701. Average Hours per Response: Nonparticipants in ocean activities, 2 minutes; Participants in ocean activities, 10 minutes. Burden Hours: 2,449. Needs and Uses: This is a request for a new information collection. Consistent with Executive Order 13547: Stewardship of our Oceans, our Coasts and our Great Lakes, and NOAA’s Next Generation Strategic Plan, the National Marine Fisheries Service (NMFS) plans to collect data to estimate expenditures on recreational activities in the U.S. that interact with marine resources falling within the scope of NMFS’ public trust responsibilities. These activities may include but are not limited to: Wildlife watching (for example, whales or dolphins) from a boat or from shore; kayaking or canoeing in fish habitat areas such as estuaries and sloughs; and snorkeling or scuba diving on fish aggregating devices such as ship wrecks. The survey will help enhance NMFS’ understanding of the economic implications of its public trust responsibilities as they relate to nonfishing recreational activities. The data collected may also provide information useful for the purposes of marine spatial planning. Measures of economic performance that may be supported by this data collection include the following: (1) Contribution to net national benefit; and (2) contribution to regional economic impacts (income and employment). Affected Public: Individuals or households. Frequency: One time or every two months for up to one year. Respondent’s Obligation: Voluntary. OMB Desk Officer: OIRA_Submission@omb.eop.gov. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 notice to OIRA_Submission@omb.eop.gov. Dated: May 2, 2011. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–10954 Filed 5–4–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE International Trade Administration [C–423–809] Stainless Steel Plate in Coils from Belgium: Final Results of Full Sunset Review and Revocation of the Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 2, 2010, the Department of Commerce (‘‘the Department’’) initiated the second sunset review of the countervailing duty (‘‘CVD’’) order on certain stainless steel plate in coils from Belgium (‘‘SSPC’’ or ‘‘subject merchandise’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and adequate substantive responses from ArcelorMittal Stainless Belgium N.V. (‘‘AMS’’) and the Government of Belgium (‘‘GOB’’), the Department determined to conduct a full sunset review of the CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our analysis, the Department finds that revocation of the CVD order would not likely lead to continuation or recurrence of a countervailable subsidy. Therefore, the Department is revoking this CVD order. DATES: Effective Date: May 5, 2011. FOR FURTHER INFORMATION CONTACT: Patricia Tran or Jennifer Meek, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1503 or (202) 482– 2778. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 2, 2010, the Department initiated the second sunset review of the CVD order on SSPC from Belgium in accordance with section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 30777 (June 2, 2010). E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25665-25666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10984]


=======================================================================
-----------------------------------------------------------------------

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 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 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 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.

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

[[Page 25666]]

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).

Frank A. Manies,
Director, Human Resources and Administration.
[FR Doc. 2011-10984 Filed 5-4-11; 8:45 am]
BILLING CODE P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.