Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, 66524-66525 [E6-19211]

Download as PDF 66524 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566– 1742. FOR FURTHER INFORMATION CONTACT: Linc Wehrly, Environmental Protection Agency, 2565 Plymouth Road; telephone number: 734–214–4826; fax number: 734–214–4053; e-mail address: werhly.linc@epa.gov. SUPPLEMENTARY INFORMATION: rmajette on PROD1PC67 with NOTICES1 I. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit CBI to us through https:// www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD that you mail to EPA, mark the outside of the disk or CD as CBI and then identify electronically within the disk or CD the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the rule or notice by docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. 3. Docket Copying Costs. You may be charged a reasonable fee for photocopying docket materials, as provided by 40 CFR part 2. provide input to EPA regarding this issue. EPA has place the draft guidance document in EPA Air Docket EPA–HQ– OAR–2006–0886. Interested parties should submit comments according to the guidelines described at the beginning of this notice. After fully considering comments received, we will issue a final guidance document. II. Manufacturer Guidance Certification Procedure for Light-Duty Diesel Vehicles Using Selective Catalyst Reduction (SCR) Technologies Dated: November 6, 2006. Margo Tsirigotis Oge, Director, Office of Transportation and Air Quality. [FR Doc. E6–19264 Filed 11–14–06; 8:45 am] A. Background On February 10, 2000, EPA published the Tier 2 emission standards for lightduty vehicles and trucks. These standards established common, ‘‘fuel neutral’’ emission requirements for gasoline and diesel vehicles. They also set common standards for all passenger cars, light trucks, and medium-duty passenger vehicles. The Tier 2 standards allow emission averaging and require new vehicles to meet an average NOX emission level of 0.07 grams per mile (g/ mi). On January 18, 2001, EPA published a rule setting stringent new requirements for heavy-duty highway engines and vehicles starting in 2007. Manufacturers plan to meet these requirements by optimizing engine designs for low emissions and adding high-efficiency aftertreatment. The diesel engine NOX standard, which is phased-in between model years 2007 and 2010, is 0.20 grams per brake horsepower-hour (g/bhp-hr). Diesel engine and vehicle manufacturers have examined the use of several different types of NOX reduction technologies in order to meet these requirements. One type of NOX reducing technology, selective catalyst reduction (SCR), is of particular interest to diesel manufacturers because it can achieve as high as 90% NOX conversion efficiencies. An SCR system uses a nitrogen containing reducing agent (usually ammonia or urea) injected into the exhaust gas upstream of the catalyst. The reducing agent needs to be periodically replenished. Without the reducing agent, the efficiency of the SCR catalyst drops to zero and NOX emissions can potentially increase substantially. EPA intends to issue guidance to vehicle and engine manufacturers to discuss our intended approach for the certification of light-duty diesel vehicles and heavy-duty engines using SCR systems. In advance of issuing this guidance, EPA is requesting comment on the various elements of this draft approach to ensure that the public can PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 BILLING CODE 6560–50–P FARM CREDIT ADMINISTRATION Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 Farm Credit Administration. Notice. AGENCY: ACTION: SUMMARY: The Farm Credit Administration (FCA or Agency) is publishing its notice under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) (Pub. L. 107– 174), as required by the No FEAR Act and 5 CFR part 724. Under 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 part 724, which require notice and training, and include model language for agency notices. DATES: November 15, 2006. FOR FURTHER INFORMATION CONTACT: Eric Howard, Equal Employment Opportunity Director, Farm Credit Administration, McLean, Virginia 22102–5090, (703) 883–4481, TTY (703) 883–4056, or Jennifer Cohn, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, Virginia 22102–5090, (703) 883–4020, TTY (703) 883–4020. SUPPLEMENTARY INFORMATION: For the reasons noted above, FCA is publishing this No FEAR Act Notice (also available at the Agency’s Web site at https:// www.fca.gov). On May 15, 2002, Congress enacted the ‘‘Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,’’ which is now known as the E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices rmajette on PROD1PC67 with NOTICES1 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 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. 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 VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 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. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 66525 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: November 8, 2006. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. E6–19211 Filed 11–14–06; 8:45 am] BILLING CODE 6705–01–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested November 3, 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 (PRA) of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act 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, E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66524-66525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19211]


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FARM CREDIT ADMINISTRATION


Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002

AGENCY: Farm Credit Administration.

ACTION: Notice.

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

SUMMARY: The Farm Credit Administration (FCA or Agency) is publishing 
its notice under the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) (Pub. L. 
107-174), as required by the No FEAR Act and 5 CFR part 724. Under 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 part 724, which require notice and 
training, and include model language for agency notices.

DATES: November 15, 2006.

FOR FURTHER INFORMATION CONTACT:
Eric Howard, Equal Employment Opportunity Director, Farm Credit 
Administration, McLean, Virginia 22102-5090, (703) 883-4481, TTY (703) 
883-4056,

or
Jennifer Cohn, Senior Attorney, Office of General Counsel, Farm Credit 
Administration, McLean, Virginia 22102-5090, (703) 883-4020, TTY (703) 
883-4020.

SUPPLEMENTARY INFORMATION: For the reasons noted above, FCA is 
publishing this No FEAR Act Notice (also available at the Agency's Web 
site at https://www.fca.gov).
    On May 15, 2002, Congress enacted the ``Notification and Federal 
Employee Antidiscrimination and Retaliation Act of 2002,'' which is now 
known as the

[[Page 66525]]

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 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. 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 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).

    Dated: November 8, 2006.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. E6-19211 Filed 11-14-06; 8:45 am]
BILLING CODE 6705-01-P
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