No FEAR Act Notice, 59843-59844 [06-8588]

Download as PDF Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices Briefing on Draft Final Rule—Part 52 (Early Site permits/Standard Design Certification/Combined Licenses) (Public Meeting) (Contact: Dave Matthews, 301–415–1199). This meeting will be Webcast live at the Web address—https://www.nrc.gov. Week of November 13, 2006—Tentative There are no meetings scheduled for the week of November 13, 2006. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415–1292. Contact person for more information: Michelle Schroll, (301) 415–1662. The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/what-we-do/ policy-making/schedule.html. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify the NRC’s Disability Program Coordinator, Deborah Chan, at 301–415–7041, TDD: 301–415–2100, or by e-mail at DLC@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to dkw@nrc.gov. Dated: October 5, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06–8623 Filed 10–6–06; 10:00 am] BILLING CODE 7590–01–M OVERSEAS PRIVATE INVESTMENT CORPORATION pwalker on PRODPC60 with NOTICES No FEAR Act Notice On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ commonly 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 VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 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 the Overseas Private Investment Corporation (OPIC) to provide this notice to OPIC employees, former OPIC employees and applicants for OPIC employment to inform you of the rights and protections available to you under Federal antidiscrimination, whistleblower protection and retaliation laws. Federal Antidiscrimination Laws OPIC 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), 29 U.S.C. 631, 29 U.S.C. 663a, 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 OPIC 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 personnel action, before you can file a formal complaint of discrimination with OPIC., 29 CFR 1614.105(a). 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 file a civil action in a United States District Court within 180 days of the alleged discriminatory action. 29 CFR 1614.201. The notice of intent to sue must be provided to the U.S. Equal Employment Opportunity Commission (EEOC) at least 30 days before actually filing the civil action. The notice must be sent to: Director, Office of Federal Operations, EEOC, P.O. Box 19848, Washington, DC 20036. Federal agencies also are prohibited from discriminating against employees because of their marital status or political affiliation, and employees who raise such allegations may file a written complaint with the U.S. Office of Special Counsel (OSC). This right does not extend to OPIC employees or applicants for OPIC employment because OPIC is a Federal corporation and is thus excluded by statute. 5 U.S.C. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 59843 2302(a)(2)(C)(i). However, as an alternative, if you are alleging discrimination based on marital status or political affiliation, you may file a grievance through OPIC’s administrative or negotiated grievance procedures, to the extent such procedures apply and are available. Whistleblower Protection Laws An OPIC 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. Additionally, the statute protects any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—(i) a violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 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 at 1730 M Street, NW., Suite 218, Washington, DC 20036–4505 or online through the OSC Web site—https://www.osc.gov. Retaliation for Engaging in Protected Activity OPIC cannot retaliate against an employee or applicant because the individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protections laws listed above, except as otherwise noted with respect to marital status and political affiliation discrimination. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described E:\FR\FM\11OCN1.SGM 11OCN1 59844 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 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. SECURITIES AND EXCHANGE COMMISSION Disciplinary Actions Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to ISE Stock Exchange Fees Under the existing laws, OPIC retains the right, where appropriate, to discipline a Federal employee who has engaged in discriminatory or retaliatory conduct, up to and including removal. If the Office of Special Counsel has initiated an investigation under 5 U.S.C. 1214 (‘‘Investigation of prohibited personnel practices; corrective action’’), however, according to 5 U.S.C. 1214(f), OPIC 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 regulations, refer to OPIC’s EEO Office, Human Resources Management or the Department of Legal Affairs. Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web site—https://www.eeoc.gov and the OSC Web site—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). William L. Garrett, EEO Director. [FR Doc. 06–8588 Filed 10–10–06; 8:45 am] pwalker on PRODPC60 with NOTICES BILLING CODE 3210–01–M [Release No. 34–54561; File No. SR–ISE– 2006–54] October 2, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on September 6, 2006, the International Securities Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The ISE has designated this proposal as one changing a fee imposed by the ISE under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The ISE proposes to amend its Schedule of Fees to adopt fees related to the ISE Stock Exchange, LLC (‘‘ISE Stock’’). The text of the proposed rule change is available on the Exchange’s Web site at https://www.iseoptions.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the ISE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The ISE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 2 17 VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The ISE states that the purpose of the proposed rule change is to adopt fees related to the trading of equity securities on ISE Stock, a facility of the Exchange. The proposed fee schedule includes execution fees, access fees, and regulatory fees for trading of equity securities, as well as changes to existing language to clarify the application of certain fees that are specific to options trading only. With regard to the execution fees, the Exchange proposes to charge fees based on a member’s average daily shares executed, with the average daily volume (‘‘ADV’’) calculated on a monthly basis. This fee would be charged on a tiered basis (e.g., a member that executes 9,600,000 shares in a 20-day month would have an ADV of 480,000 shares and would be charged as follows: $0.0025 for the first 200,000 shares ADV (4,000,000 shares) and $0.0020 for the remaining 280,000 shares ADV (5,600,000 shares)). Further, a member that transacts more than 3,000,000 shares on a daily basis would be charged a fee of $0.0010 per share for all of its monthly volume instead of being charged on a tiered basis.5 Additionally, in an effort to promote ISE Stock, the Exchange proposes to waive all execution fees until December 1, 2006. With regard to access fees, the Exchange states that it currently charges an Electronic Access Member (‘‘EAM’’) that trades options an access fee of $500 per month. Access fees for these EAMs will remain unchanged if they also trade equities on ISE Stock. For an EAM that trades equities only, the Exchange proposes a monthly access fee of $200. Finally, the Exchange states that it currently charges an EAM that trades options a regulatory fee of $5,000 per year. For EAMs that trade equities only, the Exchange proposes an annual regulatory fee of $5,000. For EAMs that trade both equities and options, the 5 The tiers are as follows: A.D.V. Up to 200,000 shares—$0.0025 per share. A.D.V. From 200,001 to 500,000 shares—$0.0020 per share. A.D.V. From 500,001 to 2,000,000 shares— $0.0015 per share. A.D.V. From 2,000,001 to 3,000,000 shares— $0.0010 per share. A.D.V. Over 3,000,000 shares—$0.0010 per share (applied to all volume). Telephone conversation between Michou H.M. Nguyen, Special Counsel, Division of Market Regulation, Commission, and Samir Patel, Assistant General Counsel, Exchange, on September 27, 2006. E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

Overseas Private Investment Corporation

[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59843-59844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8588]


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OVERSEAS PRIVATE INVESTMENT CORPORATION


No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' commonly 
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 the Overseas Private Investment Corporation 
(OPIC) to provide this notice to OPIC employees, former OPIC employees 
and applicants for OPIC employment to inform you of the rights and 
protections available to you under Federal antidiscrimination, 
whistleblower protection and retaliation laws.

Federal Antidiscrimination Laws

    OPIC 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), 29 U.S.C. 631, 29 U.S.C. 663a, 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 OPIC 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 personnel action, before you 
can file a formal complaint of discrimination with OPIC., 29 CFR 
1614.105(a).
    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 file a civil 
action in a United States District Court within 180 days of the alleged 
discriminatory action. 29 CFR 1614.201. The notice of intent to sue 
must be provided to the U.S. Equal Employment Opportunity Commission 
(EEOC) at least 30 days before actually filing the civil action. The 
notice must be sent to: Director, Office of Federal Operations, EEOC, 
P.O. Box 19848, Washington, DC 20036.
    Federal agencies also are prohibited from discriminating against 
employees because of their marital status or political affiliation, and 
employees who raise such allegations may file a written complaint with 
the U.S. Office of Special Counsel (OSC). This right does not extend to 
OPIC employees or applicants for OPIC employment because OPIC is a 
Federal corporation and is thus excluded by statute. 5 U.S.C. 
2302(a)(2)(C)(i). However, as an alternative, if you are alleging 
discrimination based on marital status or political affiliation, you 
may file a grievance through OPIC's administrative or negotiated 
grievance procedures, to the extent such procedures apply and are 
available.

Whistleblower Protection Laws

    An OPIC 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.
    Additionally, the statute protects any disclosure to the Special 
Counsel, or to the Inspector General of an agency or another employee 
designated by the head of the agency to receive such disclosures, of 
information which the employee or applicant reasonably believes 
evidences--(i) a violation of any law, rule, or regulation, or (ii) 
gross mismanagement, a gross waste of funds, an abuse of authority, or 
a substantial and specific danger to public health or safety.
    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 
at 1730 M Street, NW., Suite 218, Washington, DC 20036-4505 or online 
through the OSC Web site--https://www.osc.gov.

Retaliation for Engaging in Protected Activity

    OPIC cannot retaliate against an employee or applicant because the 
individual exercises his or her rights under any of the Federal 
antidiscrimination or whistleblower protections laws listed above, 
except as otherwise noted with respect to marital status and political 
affiliation discrimination. If you believe that you are the victim of 
retaliation for engaging in protected activity, you must follow, as 
appropriate, the procedures described

[[Page 59844]]

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, OPIC retains the right, where appropriate, 
to discipline a Federal employee who has engaged in discriminatory or 
retaliatory conduct, up to and including removal. If the Office of 
Special Counsel has initiated an investigation under 5 U.S.C. 1214 
(``Investigation of prohibited personnel practices; corrective 
action''), however, according to 5 U.S.C. 1214(f), OPIC 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 regulations, refer to 
OPIC's EEO Office, Human Resources Management or the Department of 
Legal Affairs. Additional information regarding Federal 
antidiscrimination, whistleblower protection and retaliation laws can 
be found at the EEOC Web site--https://www.eeoc.gov and the OSC Web 
site--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).

William L. Garrett,
EEO Director.
[FR Doc. 06-8588 Filed 10-10-06; 8:45 am]
BILLING CODE 3210-01-M

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