No FEAR Act Notice, 61130-61131 [E6-17171]

Download as PDF 61130 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices Pacific territories of Guam, the Northern Mariana Islands, and American Samoa to be effective in calendar year 2007. The schedule (including date, time and call-in number of each preapplication seminar as it becomes available) will also be posted at the following Internet site: https:// www.socialsecurity.gov/work. Agenda: SSA will use the seminars to provide guidance and technical assistance to interested parties as they prepare to submit their applications. There will be a presentation of information followed by an operatorassisted question and answer period. The agenda will be posted on the Internet at https:// www.socialsecurity.gov/work one week before commencement of the seminars. The agenda can also be requested electronically or by fax upon request. Contact Information: Anyone requiring additional information should contact SSA Project Officer, Debbie Morrison by calling (410) 965–9054, or • Mail addressed to Social Security Administration, 6401 Security Blvd., Room 107 Altmeyer Building, Baltimore, MD 21235. • Fax at (410) 966–1278. • E-mail to debbie.morrison@ssa.gov. Dated: October 10, 2006. Martin H. Gerry, Deputy Commissioner for, Disability and Income Security Program. [FR Doc. 06–8730 Filed 10–16–06; 8:45 am] BILLING CODE 4191–02–P OFFICE OF SPECIAL COUNSEL No FEAR Act Notice Office of Special Counsel Notice. AGENCY: bajohnson on PROD1PC69 with NOTICES ACTION: SUMMARY: The U.S. Office of Special Counsel (OSC) is publishing its notice under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (Pub. L. 107– 174), as required by the Act and 5 CFR 724. DATES: October 17, 2006. FOR FURTHER INFORMATION CONTACT: Dorothy Timbs, Special Assistant, by mail at 1730 M Street, NW, Suite 218, Washington, DC 20036; by telephone, at (202) 254–3643; or by fax, at (202) 653– 5161. Additional information can be found on OSC’s web site at https:// www.osc.gov. Under the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002’’ (known as the No FEAR Act), SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 04:06 Oct 18, 2006 Jkt 211001 agencies are required to notify employees, former employees, and applicants of their rights and remedies under Federal antidiscrimination and whistleblower protection laws applicable to them. The Office of Personnel Management (OPM) has published implementing regulations at 5 CFR 724, which require notice and training, and include model language for agency notices. For these reasons, OSC is publishing this No FEAR Act Notice (also published on the agency’s web site at https://www.osc.gov ): 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 this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal 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), 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 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 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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 1the 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 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 (at https://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 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 above (including, if applicable, administrative or negotiated grievance procedures) in order to pursue any legal remedy. E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / 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 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 your agency (e.g., EEO/ civil rights office, human resources office, or legal office). 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). October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ‘‘Masterpieces of Russian Art’’, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Museum of Russian Art, Minneapolis, Minnesota, from on or about October 20, 2006 until on or about December 30, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453–8050). The address is U.S. Department of State, SA–44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. Dated: October 10, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6–17234 Filed 10–16–06; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Dated: October 11, 2006. Scott J. Bloch, Special Counsel. [FR Doc. E6–17171 Filed 10–16–06; 8:45 am] [Docket No. FMCSA–2004–18898] BILLING CODE 7405–01–S AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of public listening session. DEPARTMENT OF STATE [Public Notice 5581] bajohnson on PROD1PC69 with NOTICES Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Masterpieces of Russian Art’’ SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of VerDate Aug<31>2005 04:06 Oct 18, 2006 Comprehensive Safety Analysis 2010 Initiative Jkt 211001 SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) is holding a public listening session to obtain feedback on the Agency’s Comprehensive Safety Analysis 2010 initiative (CSA 2010), a comprehensive review and analysis of FMCSA’s current commercial motor carrier safety and enforcement programs. FMCSA will use the upcoming listening session to inform the public on the conceptual direction and progress of CSA 2010, and obtain feedback from its partners and stakeholders. To facilitate the upcoming PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 61131 listening session, FMCSA has included in this notice a number of questions that commenters are invited to address. DATES: The Public Listening Session will be held on November 16, 2006 from 8 a.m. to 1:30 p.m. Written comments must be received by December 18, 2006. Location: The Public Listening Session will be held at the Hyatt Regency on Capitol Hill, 400 New Jersey Avenue, NW., Washington, DC 20001. The telephone number is (202) 737– 1234. ADDRESSES: You may submit comments identified by DOT Docket Management System (DMS) docket number FMCSA– 2004–18898, using any of the following methods: Web site: https://dmses.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Fax: 202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Federal e-Rulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Cathy McNair, Assistant Program Manager, CSA 2010, (202) 366–0790. SUPPLEMENTARY INFORMATION: Format of Listening Session: During the Public Listening Session, FMCSA will describe its progress on CSA 2010 to date. FMCSA will accept comments on the CSA 2010 operational model and any additional information FMCSA should consider to promote the success of the CSA 2010 initiative. The listening session will run from 8 a.m. to 1:30 p.m. Participant registration will be from 8 a.m. to 9 a.m. The session will include a morning plenary session (9 a.m.) and four facilitated breakout sessions (10:15 a.m. to 1:30 p.m.), related to the CSA 2010 operational model: (1) Measurement, (2) Safety Fitness Determination, (3) Intervention Selection, and (4) Safety Data and Validation. Attendees will be able to participate in one of the breakout sessions and will have an opportunity to comment on the key questions listed herein by topic, as well as hear the comments of other stakeholders assigned to the topic. More details on this process are included in the on-line pre-registration site. E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Notices]
[Pages 61130-61131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17171]


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OFFICE OF SPECIAL COUNSEL


No FEAR Act Notice

AGENCY: Office of Special Counsel

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Special Counsel (OSC) is publishing its 
notice under the Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002 (Pub. L. 107-174), as required by the Act 
and 5 CFR 724.

DATES: October 17, 2006. 

FOR FURTHER INFORMATION CONTACT: Dorothy Timbs, Special Assistant, by 
mail at 1730 M Street, NW, Suite 218, Washington, DC 20036; by 
telephone, at (202) 254-3643; or by fax, at (202) 653-5161. Additional 
information can be found on OSC's web site at https://www.osc.gov.

SUPPLEMENTARY INFORMATION: Under the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002'' (known as the 
No FEAR Act), agencies are required to notify employees, former 
employees, and applicants of their rights and remedies under Federal 
antidiscrimination and whistleblower protection laws applicable to 
them. The Office of Personnel Management (OPM) has published 
implementing regulations at 5 CFR 724, which require notice and 
training, and include model language for agency notices.
    For these reasons, OSC is publishing this No FEAR Act Notice (also 
published on the agency's web site at https://www.osc.gov ):
    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 this agency to provide this notice to Federal 
employees, former Federal employees and applicants for Federal 
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), 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 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 1the 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 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 (at https://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 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 above (including, if applicable, 
administrative or negotiated grievance procedures) in order to pursue 
any legal remedy.

[[Page 61131]]

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 your 
agency (e.g., EEO/civil rights office, human resources office, or legal 
office). 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).

    Dated: October 11, 2006.
Scott J. Bloch,
Special Counsel.
[FR Doc. E6-17171 Filed 10-16-06; 8:45 am]
BILLING CODE 7405-01-S

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