No FEAR Act Notice, 64604-64605 [E6-18457]
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64604
Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange did not solicit or
receive any written comments with
respect to the proposal.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has been designated as a fee change
pursuant to Section 19(b)(3)(A)(ii) of the
Act 11 and Rule 19b–4(f)(2) 12
thereunder. Accordingly, the proposal is
effective upon filing with the
Commission. At any time within 60
days of the filing of the proposed rule
change, the Commission may summarily
abrogate such rule change if it appears
to the Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
mstockstill on PROD1PC61 with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2006–67 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Phlx–2006–67. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
11 15
12 17
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
VerDate Aug<31>2005
14:49 Nov 01, 2006
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–Phlx–2006–67 and should
be submitted on or before November 24,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6–18484 Filed 11–1–06; 8:45 am]
BILLING CODE 8011–01–P
TENNESSEE VALLEY AUTHORITY
No FEAR Act Notice
Summary: 5 CFR part 724.202
requires that each Federal agency
provide notice to its employees, former
employees, and applicants for
employment about the rights and
remedies available under the
Antidiscrimination Laws and
Whistleblower Protection Laws
applicable to them within 60 calendar
days after September 18, 2006. Each
agency must publish the initial notice in
the Federal Register.
No FEAR Act Notice
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.’’ Pub. L. 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
13 17
Jkt 211001
PO 00000
CFR 200.30–3(a)(12).
Frm 00096
Fmt 4703
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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, or disability. 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 calendar days of the alleged
discriminatory action.
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 a 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
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02NON1
Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices
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 the Tennessee Valley
Authority (e.g., Equal Opportunity
Compliance, Human Resources, the
Office of the Inspector General, and
TVA’s Ombudsman). 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.
mstockstill on PROD1PC61 with NOTICES
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.
FOR FURTHER INFORMATION CONTACT:
Linda J. Sales-Long, 865–632–2515.
VerDate Aug<31>2005
14:49 Nov 01, 2006
Jkt 211001
Dated: October 26, 2006.
Linda J. Sales-Long,
Director, Equal Opportunity Compliance.
[FR Doc. E6–18457 Filed 11–1–06; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket OST–2006–26230]
Disadvantaged Business Enterprise
Office of the Secretary, DOT.
Notice and request for
comments.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35, as amended) this
notice announces the Department of
Transportation’s (DOT) intention to
request extension for a currently
approved information collection.
DATES: Comments on this notice must be
received by January 2, 2007.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means to Docket OST–2006–
26230:
(1) By mail to the Docket Management
Facility (SVC–124), U.S. Department of
Transportation, Room PL–401, 400
Seventh Street SW., Washington, DC
20590–0001. [It is important to note that
because of current security procedures
affecting the U.S. Mail, other means
(e.g., FedEx, UPS) may be faster];
(2) By delivery to 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.
The telephone number is 202–366–
9329.
(3) By fax to the Docket Management
Facility at 202–493–2251; or
(4) By electronic means through the
Web site for the Docket Management
System at: https://dms.dot.gov.
The Docket Management Facility
maintains the public docket for this
rulemaking. Comments to the docket
will be available for inspection or
copying at 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.
The public may also review docketed
comments electronically at: https://
dms.dot.gov.
Mr.
Robert C. Ashby, Office of the Secretary,
Office of Assistant General Counsel for
Regulation and Enforcement,
FOR FURTHER INFORMATION CONTACT:
PO 00000
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64605
Department of Transportation, 400
Seventh St., SW., Washington, DC
20590 (202)366–9310 (voice) 202–366–
9313 (fax) or at bob.ashby@ost.dot.gov.
SUPPLEMENTARY INFORMATION: Title:
Report of DBE Awards and
Commitments.
OMB Control Number: 2105–0510.
Type of Request: Extension to a
currently approved information
collection.
Abstract: 49 CFR part 26 establishes
requirements for the Department of
Transportation (DOT) so as to comply
with the mandate by statute including
1101 (b) of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy For Users (Pub. L. 109–
59 and 49 U.S.C. 47113, Pub. L. 105–
178. The key part of the collection is a
requirement that state and local
governments subject to the DBE program
report to the Secretary of Transportation
on DBE participation, as well as
maintain a directory of DBE firms and
report to the Secretary concerning the
composition of the directory. If these
reporting requirements were not
available, firms controlled by minorities
would not achieve the appropriate
participation in DOT programs, and the
Department would not be able to
identify its recipients and evaluate the
extent to which financial assistance
recipients have been awarded a
reasonable amount of contracting
dollars to DBEs.
In order to minimize the burden on
DOT recipients the Department has
limited its informational request and
reporting frequency to that necessary to
meet its program and administrative
monitoring requirements. The
information request consists of 17 data
items on one page and one attachment,
to be completed on a semi-annual basis
(for FHWA and FTA programs) or an
annual basis (for FAA programs).
Respondents: DOT financiallyassisted state and local transportation
agencies.
Estimated Number of Respondents:
1,057.
Estimated Total Burden on
Respondents: 1,311,000.
The information collection is
available for inspection in the DOT
Dockets Management System (DMS),
400 Seventh St., Washington, DC 20590
(202)366–9310.
Comments are Invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (b) the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
E:\FR\FM\02NON1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 212 (Thursday, November 2, 2006)]
[Notices]
[Pages 64604-64605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18457]
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TENNESSEE VALLEY AUTHORITY
No FEAR Act Notice
Summary: 5 CFR part 724.202 requires that each Federal agency
provide notice to its employees, former employees, and applicants for
employment about the rights and remedies available under the
Antidiscrimination Laws and Whistleblower Protection Laws applicable to
them within 60 calendar days after September 18, 2006. Each agency must
publish the initial notice in the Federal Register.
No FEAR Act Notice
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.''
Pub. L. 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, or disability. 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 calendar days of
the alleged discriminatory action.
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 a
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
[[Page 64605]]
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 the
Tennessee Valley Authority (e.g., Equal Opportunity Compliance, Human
Resources, the Office of the Inspector General, and TVA's Ombudsman).
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.
FOR FURTHER INFORMATION CONTACT: Linda J. Sales-Long, 865-632-2515.
Dated: October 26, 2006.
Linda J. Sales-Long,
Director, Equal Opportunity Compliance.
[FR Doc. E6-18457 Filed 11-1-06; 8:45 am]
BILLING CODE 8120-08-P
