The No FEAR Act Notice, 56222-56223 [E6-15727]

Download as PDF 56222 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices will not result in BRR becoming a Class II or Class I rail carrier, and will not exceed $5 million. The exemption became effective on September 8, 2006 (7 days after the exemption was filed). If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and ten copies of all pleadings, referring to STB Finance Docket No. 34930, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Karl Morell, Of Counsel., Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: September 19, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–15728 Filed 9–25–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board The No FEAR Act Notice Surface Transportation Board. Notice. AGENCY: ACTION: SUMMARY: The Surface Transportation Board (Board) gives notice of the ‘‘Notification and Federal Employee Antidiscrimination Act of 2002,’’ the No FEAR Act, to former and current STB employees and to applicants for STB employment. pwalker on PRODPC60 with NOTICES FOR FURTHER INFORMATION CONTACT: Vernon A. Williams, Secretary to the Board (202) 565–1718. 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. One purpose of the Act is to ‘‘require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.’’ Public Law 107–174, Summary. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ Public Law VerDate Aug<31>2005 21:03 Sep 25, 2006 Jkt 208001 107–174, Title I, General Provisions, section 101(1). The Act also requires agencies, including the Board to provide this notice to Board employees, former Board employees and applicants for Board employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection 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, religion, sex, national origin, age, disability, marital status or political affiliation. 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), 631, 633a and 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 with your agency (see contact information below). See, e.g. 29 CFR 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 your agency’s administrative or negotiated 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 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 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 OCC–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 and 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 or, if applicable, in administrative or negotiated grievance procedures in order to pursue any legal remedy. Disciplinary Actions Under 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 OCS 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 Board (e.g., EEO or human resources office). Additional information regarding Federal antidiscrimination, whistleblower E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 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). Contact Information Employees and former employees of the Surface Transportation Board, and applicants for employment with Board, who wish to consult with an EEO counselor should contact: Lee Kramer Associates, 919 18th Street, NW., 10th Floor, Washington, DC 20006, telephone: 202–667–3137, fax: 202– 667–0089, e-mail: LKramer@radix.net. Dated: September 21, 2006. Vernon A. Williams, Secretary. [FR Doc. E6–15727 Filed 9–25–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8082 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR). Written comments should be received on or before November 27, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or pwalker on PRODPC60 with NOTICES DATES: VerDate Aug<31>2005 21:03 Sep 25, 2006 Jkt 208001 copies of the form and instructions should be directed to Allan Hopkins, at (202) 622–6665, or at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet at Allan.M.Hopkins@irs.gov. Title: Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR). OMB Number: 1545–0790. Form Number: 8082. Abstract: A partner, S corporation shareholder, or the holder of a residual interest in a real estate mortgage investment conduit (REMIC) generally must report items consistent with the way they were reported by the partnership or S corporation on Schedule K–1 or by the REMIC on Schedule Q. Also, an estate or domestic trust beneficiary, or a foreign trust owner or beneficiary, is subject to the consistency reporting requirements for returns filed after August 5, 1997. Form 8082 is used to notify the IRS of any inconsistency between the tax treatment of items reported by the partner, shareholder, etc., and the way the passthrough entity treated and reported the same item on its tax return. Current Actions: There are no changes being made to the form at this time. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit organizations, individuals, and farms. Estimated Number of Respondents: 7,067. Estimated Time per Respondent: 7 hr., 13 min. Estimated Total Annual Burden Hours: 51,024. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper SUPPLEMENTARY INFORMATION: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 56223 performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: September 12, 2006. Larnice Mack, IRS Reports Clearance Officer. [FR Doc. E6–15696 Filed 9–25–06; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 3 Taxpayer Advocacy Panel (Including the States of Florida, Georgia, Alabama, Mississippi, Louisiana, Arkansas, and the Territory of Puerto Rico) Internal Revenue Service (IRS), Treasury. ACTION: Notice. AGENCY: SUMMARY: An open meeting of the Area 3 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, October 17, 2006 from 11:30 a.m. e.t. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1–888–912–1227, or 954–423–7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 3 Taxpayer Advocacy Panel will be held Tuesday, October 17, 2006 at 11:30 a.m. e.t. via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1–888–912–1227 or 954–423–7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56222-56223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15727]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


The No FEAR Act Notice

AGENCY: Surface Transportation Board.

ACTION: Notice.

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SUMMARY: The Surface Transportation Board (Board) gives notice of the 
``Notification and Federal Employee Antidiscrimination Act of 2002,'' 
the No FEAR Act, to former and current STB employees and to applicants 
for STB employment.

FOR FURTHER INFORMATION CONTACT: Vernon A. Williams, Secretary to the 
Board (202) 565-1718.

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. One purpose of 
the Act is to ``require that Federal agencies be accountable for 
violations of antidiscrimination and whistleblower protection laws.'' 
Public Law 107-174, Summary. In support of this purpose, Congress found 
that ``agencies cannot be run effectively if those agencies practice or 
tolerate discrimination.'' Public Law 107-174, Title I, General 
Provisions, section 101(1).
    The Act also requires agencies, including the Board to provide this 
notice to Board employees, former Board employees and applicants for 
Board employment to inform you of the rights and protections available 
to you under Federal antidiscrimination and whistleblower protection 
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, religion, sex, national origin, 
age, disability, marital status or political affiliation. 
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), 631, 633a 
and 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 with your agency (see contact information below). See, e.g. 
29 CFR 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 your agency's administrative or negotiated 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 OCC-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 and 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 or, if applicable, in administrative or negotiated 
grievance procedures in order to pursue any legal remedy.

Disciplinary Actions

    Under 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 OCS 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 
Board (e.g., EEO or human resources office). Additional information 
regarding Federal antidiscrimination, whistleblower

[[Page 56223]]

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).

Contact Information

    Employees and former employees of the Surface Transportation Board, 
and applicants for employment with Board, who wish to consult with an 
EEO counselor should contact: Lee Kramer Associates, 919 18th Street, 
NW., 10th Floor, Washington, DC 20006, telephone: 202-667-3137, fax: 
202-667-0089, e-mail: LKramer@radix.net.

    Dated: September 21, 2006.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-15727 Filed 9-25-06; 8:45 am]
BILLING CODE 4915-01-P