No FEAR Act Notice, 64604-64605 [E6-18457]

Download as PDF 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 (http://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 (http://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 Sfmt 4703 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 E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices 20036–4505 or online through the OSC Web site—http://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—http:// www.eeoc.gov and the OSC Web site— http://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: http://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: http:// 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 Frm 00097 Fmt 4703 Sfmt 4703 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 02NON1

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--http://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--http://www.eeoc.gov and the OSC Web site--http://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