No FEAR Act Notice, 62464-62465 [E6-17903]

Download as PDF 62464 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices authorization is in the public interest, convenience and necessity. Without such information, the Commission could not determine whether to permit respondents to provide telecommunication services in the U.S. Therefore, the Commission would be unable to fulfill its statutory responsibilities in accordance with the Communications Act of 1934, as amended, and the obligations imposed on parties to the WTO Basic Telecom Agreement. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6–17873 Filed 10–24–06; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission October 17, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. Written PRA comments should be submitted on or before December 26, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. mstockstill on PROD1PC61 with NOTICES DATES: VerDate Aug<31>2005 15:12 Oct 24, 2006 Jkt 211001 Direct all PRA comments to Les Smith, Federal Communications Commission, Room 1–C216, 445 12th Street, SW., Washington, DC 20554, or via the Internet to PRA@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s) contact Les Smith at (202) 418–0217 or via the Internet at PRA@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0749. Title: Section 64.1509, Disclosure and Dissemination of Pay-Per-Call Information. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents: 25. Estimated Time per Response: 410 hours. Frequency of Response: Annual and on occasion reporting requirements; Third party disclosure. Total Annual Burden: 10,250 hours. Total Annual Cost: None. Privacy Impact Assessment: No impact(s). Needs and Uses: On July 16, 2004, the Commission released the Notice of Proposed Rulemaking (NPRM), In the Matter of Policies and Rules Governing Interstate Pay-Per-Call and Other Information Services, and Toll-free Number Usage; Truth-in-Billing and Billing Format, CC Docket No. 98–170 and CG Docket No. 04–244, FCC 04– 162, which initiated a new proceeding to review the effectiveness of the Commission’s rules governing pay-percall services, related audiotext information services, and toll-free numbers. The NPRM sought comment as to whether the Commission’s existing rules governing billing specifically for pay-per-call services and those for charges billed through toll-free numbers are sufficient to address any current billing concerns. The NPRM sought comment specifically on whether the Commission should adopt a requirement that charges for presubscribed audiotext information services accessed through toll-free numbers must be displayed separately from local and long-distance telephone service. Common carriers that assign telephone numbers to pay-per-call services must disclose to all interested parties, upon request, a list of all assigned pay-per-call numbers. For each assigned number, carriers must also make available (1) a description of the pay-per-call services; (2) the total cost per minute or other fees associated with ADDRESSES: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 the service; and (3) the service provider’s name, business address, and telephone number. In addition, carriers handling pay-per-call services must establish a toll-free number that consumers may call to receive information about pay-per-call services. Finally, the Commission requires carriers to provide statements of payper-call rights and responsibilities to new telephone subscribers at the time service is established and, although not required by statute, to all subscribers annually. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6–17874 Filed 10–24–06; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION No FEAR Act Notice Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: The Commission is hereby providing notice to its employees, former employees, and applicants for federal employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws. This notice fulfills FCC’s initial notification obligations under the Notification and Federal Employees Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management (OPM) regulations at 5 CFR part 724. DATES: October 25, 2006. FOR FURTHER INFORMATION CONTACT: P. June Taylor, Acting Director, FCC’s Office of Workplace Diversity at (202) 418–1799. Additional information can be found on the FCC’s Web site at https://www.fcc.gov/owd. 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). E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices 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. mstockstill on PROD1PC61 with NOTICES 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 above). 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 VerDate Aug<31>2005 15:12 Oct 24, 2006 Jkt 211001 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—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 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 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 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 62465 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). Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6–17903 Filed 10–24–06; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of agreements are available through the Commission’s Office of Agreements (202–523–5793 or tradeanalysis@fmc.gov). Agreement No.: 011975. Title: ‘‘K’’ Line/HMM Space Charter Agreement. Parties: Kawasaki Kisen Kaisha, Ltd. and Hyundai Merchant Marine Co., Ltd. Filing Party: John P. Meade, Esq.; ‘‘K’’ Line America, Inc.; P.O. Box 9; Preston, Maryland 21655. Synopsis: The agreement authorizes the parties to exchange space on their respective vessels in the trade between U.S. ports and ports on the East Coast of South American and in the Caribbean Sea. Agreement No.: 201132–008. Title: New York/New Jersey-Port Newark Container Terminal LLC Lease (Lease No. L–PN–264). Parties: The Port Authority of New York and New Jersey and Port Newark Container Terminal LLC. Filing Party: Patricia W. Duemig, Senior Property Representative, The Port Authority of New York and New Jersey, New Jersey Marine Terminals, 260 Kellogg Street, Port Newark, NJ 07114. Synopsis: The amendment extends the letting of PNCT’s rail facility. Title: Hampton Road Chassis Pool II Agreement. Parties: Virginia International Terminals, Inc., and the Ocean Carrier E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62464-62465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17903]


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FEDERAL COMMUNICATIONS COMMISSION


No FEAR Act Notice

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

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

DATES: October 25, 2006.

FOR FURTHER INFORMATION CONTACT: P. June Taylor, Acting Director, FCC's 
Office of Workplace Diversity at (202) 418-1799. Additional information 
can be found on the FCC's Web site at https://www.fcc.gov/owd.

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).

[[Page 62465]]

    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 above). 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 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

    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 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 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).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-17903 Filed 10-24-06; 8:45 am]
BILLING CODE 6712-01-P

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