Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 63377-63378 [E6-18209]

Download as PDF Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Notices Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. Percent The following areas have been determined to be adversely affected by the disaster: 6.250 Primary Counties: Jefferson, St. Clair. 3.125 Contiguous Counties: Illinois: Clinton, Franklin, Hamilton, Madison, Marion, Monroe, Perry, 7.934 Randolph, Washington, Wayne. Missouri: St. Louis, St. Louis City. 4.000 The Interest Rates are: The following areas have been determined to be adversely affected by the disaster: Primary Counties: Matanuska-Susitna Borough. Contiguous Counties: Alaska: Chugach Reaa (10), Copper River Reaa (11), Delta/Greely Reaa (03), Denali Borough, Iditarod Area Reaa (21), Kenai Peninsula Borough, Municipality Of Anchorage. The Interest Rates are: Homeowners with Credit Available Elsewhere ................................. Homeowners without Credit Available Elsewhere ......................... Businesses with Credit Available Elsewhere ................................. Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .................. Other (Including Non-Profit Organizations) with Credit Available Elsewhere ................................. Businesses And Non-Profit Organizations without Credit Available Elsewhere ......................... 5.000 4.000 The number assigned to this disaster for physical damage is 10648 6 and for economic injury is 10649 0. The State which received an EIDL Declaration # is Alaska. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). Dated: October 19, 2006. Steven C. Preston, Administrator. [FR Doc. E6–18194 Filed 10–27–06; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10646 and # 10647] Illinois Disaster # IL–00004 U.S. Small Business Administration. ACTION: Notice. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Illinois dated 10/18/ 2006. Incident: Tornadoes, Severe Storms and Flooding. Incident Period: 7/19/2006 through 7/ 21/2006. Effective Date: 10/18/2006. Physical Loan Application Deadline Date: 12/18/2006. Economic Injury (Eidl) Loan Application Deadline Date: 7/18/2007. ADDRESSES: Submit completed loan applications to : U.S. Small Business VerDate Aug<31>2005 02:16 Oct 28, 2006 Jkt 211001 63377 SUMMARY: The U.S. Department of Transportation (DOT) is publishing its Notice under Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (Pub. L. 107–174), as required by the Act and 5 CFR part 724. This Notice describes the obligation of DOT and other Federal agencies to notify all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Antidiscrimination Laws and Whistleblower Protection Laws. FOR FURTHER INFORMATION CONTACT: Caffin Gordon, Chief, Compliance Operations Division, S–34, Departmental Office of Civil Rights, Office of the Secretary, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366– 9370 or (TTY) 202–366–0663. SUPPLEMENTARY INFORMATION: Electronic Access You may retrieve this document Homeowners with Credit Available online through the Document Elsewhere ................................. 5.875 Management System (DMS) at: https:// Homeowners without Credit Availdmses.dot.gov. The DMS is available 24 able Elsewhere ......................... 2.937 hours each day, 365 days each year. Businesses with Credit Available Electronic retrieval help and guidelines Elsewhere ................................. 7.763 are available under the help section of Businesses & Small Agricultural the Web site. An electronic copy of this Cooperatives without Credit Available Elsewhere .................. 4.000 document may be downloaded by using a computer, modem and suitable Other (Including Non-Profit Orgacommunications software from the nizations) with Credit Available Elsewhere ................................. 5.000 Government Printing Office’s Electronic Businesses and Non-Profit OrgaBulletin Board home page at: https:// nizations without Credit Availwww.nara.gov/fedreg and the able Elsewhere ......................... 4.000 Government Printing Office’s Web page at: https://www.access.gpo.gov/nara. The number assigned to this disaster No FEAR Act Notice for physical damage is 10646 C and for economic injury is 10647 0. On May 15, 2002, Congress enacted The States which received an EIDL the ‘‘Notification and Federal Employee Declaration # are Illinois, Missouri. Antidiscrimination and Retaliation Act (Catalog of Federal Domestic Assistance of 2002,’’ Public Law 107–174, which is Numbers 59002 and 59008). now known as the No FEAR Act. One purpose of the Act is to ‘‘require that Dated: October 18, 2006. Federal agencies be accountable for Steven C. Preston, violations of antidiscrimination and Administrator. whistleblower protection laws.’’ In [FR Doc. E6–18182 Filed 10–27–06; 8:45 am] support of this purpose, Congress found BILLING CODE 8025–01–P that ‘‘agencies cannot be run effectively if those agencies practice or tolerate discrimination.’’ The Act also requires DEPARTMENT OF TRANSPORTATION this agency to provide this notice to Federal employees, former Federal Office of the Secretary employees and applicants for Federal [Docket No. OST–2006–26169] employment to inform you of the rights and protections available to you under Notice of Rights and Protections Federal antidiscrimination, Available Under the Federal whistleblower protection and retaliation Antidiscrimination and Whistleblower laws. Protection Laws Antidiscrimination Laws AGENCY: Office of the Secretary, DOT. A Federal agency cannot discriminate ACTION: No FEAR Act Notice. against an employee or applicant with PO 00000 Percent Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 63378 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Notices sroberts on PROD1PC70 with NOTICES 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 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 to the Equal Employment Opportunity Commission (EEOC) within 180 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 VerDate Aug<31>2005 02:16 Oct 28, 2006 Jkt 211001 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 protections 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 who has engaged in discriminatory or retaliatory conduct, 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, PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 including the provisions of law specified in 5 U.S.C. 2302(d). J. Michael Trujillo, Director, Departmental Office of Civil Rights, United States Department of Transportation. [FR Doc. E6–18209 Filed 10–27–06; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee Meeting on Transport Airplane and Engine Issues Federal Aviation Administration (FAA), DOT. ACTION: Notice of public meeting. AGENCY: SUMMARY: This notice announces a public meeting of the FAA’s Aviation Rulemaking Advisory Committee (ARAC) to discuss transport airplane and engine (TAE) issues. DATES: The meeting is scheduled for Wednesday, November 29, 2006, starting at 9 a.m. Pacific Standard Time. Arrange for oral presentations by November 15, 2006. ADDRESSES: Courtyard Marriott, 400 Andover Park West, Tukwila, Washington 98118 (Room to be determined). FOR FURTHER INFORMATION CONTACT: Nicanor Davidson, Office of Rulemaking, ARM–207, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone (202) 267–5174, FAX (202) 267–5075, or email at nicanor.davidson@faa.gov. SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. app. III), notice is given of an ARAC meeting to be held November 29, 2006, at the Courtyard Marriott, 400 Andover Park West, Tukwila, Washington 98118. The agenda for the meeting is as follows: • Opening Remarks. • FAA Report. • Transport Canada Report. • European Aviation Safety Agency Report. • ARAC Executive Committee Report. • Ice Protection Harmonization Working Group (HWG) Report. • Avionics HWG Report. • Airplane-level Safety Analysis Working Group Report. • Airworthiness Assurance WG (AAWG) Report. • FAA discussion on the Widespread Fatigue Damage Notice of Proposed Rulemaking. and differences with the AAWG ARAC recommendation. E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Notices]
[Pages 63377-63378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18209]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST-2006-26169]


Notice of Rights and Protections Available Under the Federal 
Antidiscrimination and Whistleblower Protection Laws

AGENCY: Office of the Secretary, DOT.

ACTION: No FEAR Act Notice.

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

SUMMARY: The U.S. Department of Transportation (DOT) is publishing its 
Notice under Title II of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (Pub. L. 107-174), as 
required by the Act and 5 CFR part 724. This Notice describes the 
obligation of DOT and other Federal agencies to notify all employees, 
former employees, and applicants for Federal employment of the rights 
and protections available to them under the Federal Antidiscrimination 
Laws and Whistleblower Protection Laws.

FOR FURTHER INFORMATION CONTACT: Caffin Gordon, Chief, Compliance 
Operations Division, S-34, Departmental Office of Civil Rights, Office 
of the Secretary, U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590, (202) 366-9370 or (TTY) 202-366-
0663.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    You may retrieve this document online through the Document 
Management System (DMS) at: https://dmses.dot.gov. The DMS is available 
24 hours each day, 365 days each year. Electronic retrieval help and 
guidelines are available under the help section of the Web site. An 
electronic copy of this document may be downloaded by using a computer, 
modem and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board home page at: https://www.nara.gov/
fedreg and the Government Printing Office's Web page at: https://
www.access.gpo.gov/nara.

No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' Public Law 
107-174, 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.'' In support of 
this purpose, Congress found that ``agencies cannot be run effectively 
if those agencies practice or tolerate discrimination.'' 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, whistleblower protection and retaliation laws.

Antidiscrimination Laws

    A Federal agency cannot discriminate against an employee or 
applicant with

[[Page 63378]]

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 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 to the Equal 
Employment Opportunity Commission (EEOC) within 180 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 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 protections 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 who has engaged in 
discriminatory or retaliatory conduct, 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).

J. Michael Trujillo,
Director, Departmental Office of Civil Rights, United States Department 
of Transportation.
[FR Doc. E6-18209 Filed 10-27-06; 8:45 am]
BILLING CODE 4910-9X-P
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