No FEAR Act, 66987-66989 [06-9273]
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Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices
3. The nature and extent of the
requester’s property, financial or other
interest in the proceeding;
4. The possible effect of any decision
or order that may be issued in the
proceeding on the requester’s interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309
(f)(1), a request for hearing or petitions
for leave to intervene must set forth
with particularity the contentions
sought to be raised. For each contention,
the request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of SMC’s
revised DP (including the applicant’s
environmental report) that the
requester/petitioner disputes and the
supporting reasons for each dispute, or,
if the requester/petitioner believes the
revised DP fails to contain information
on a relevant matter as required by law,
the identification of each failure and the
supporting reasons for the requester’s/
petitioner’s belief.
In addition, in accordance with 10
CFR 2.309(f)(2), contentions must be
based on documents or other
information available at the time the
petition is to be filed, such as the
revised DP, supporting safety analysis
report, environmental report or other
supporting document filed by the
licensee, or otherwise available to the
petitioner. On issues arising under the
National Environmental Policy Act, the
requester/petitioner shall file
contentions based on the licensee’s
environmental report. The requester/
petitioner may amend those contentions
or file new contentions if there are data
or conclusions in the NRC draft, or final
environmental impact statement, or any
supplements relating thereto, that differ
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significantly from the data or
conclusions in the licensee’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Safety Evaluation
Report for the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so in writing within ten days of the date
the contention is filed, and designate a
representative who shall have the
authority to act for the requester/
petitioner.
In accordance with 10 CFR 2.309(g),
a request for hearing and/or petition for
leave to intervene may also address the
selection of the hearing procedures,
taking into account the provisions of 10
CFR 2.310.
Volume 2 (ML053340210) and
Volume 3 (ML053330384).
—U.S. Nuclear Regulatory
Commission’s letter rejecting the
Decommissioning Plan dated January
26, 2006 (ML060180551)
—Summary of March 9, 2006 Nuclear
Regulatory Commission Meeting with
Shieldalloy Metallurgical Corporation
(ML061070401)
—Shieldalloy Metallurgical Corporation
Supplement to Decommissioning Plan
dated June 30, 2006 ( ML061980092)
—U.S. Nuclear Regulatory
Commission’s letter accepting the
Decommissioning Plan for technical
review dated October 18, 2006
(ML062580126)
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
IV. Further Information
SUMMARY: The Occupational Safety and
Health Review Commission (OSHRC) is
publishing this notice under the
‘‘Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002,’’ which is known as the No
FEAR Act, to inform current employees,
former employees, and applicants for
OSHRC employment of the rights and
protections available to them under
Federal antidiscrimination,
whistleblower protection, and
retaliation laws.
DATES: November 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Angela Roach, EEO Officer,
Documents related to this action,
including the revised DP and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are:
—Decommissioning Plan dated October
21, 2005: Volume 1 (ML053190220),
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
Dated at Rockville, Maryland this 9th day
of November 2006.
For the Nuclear Regulatory Commission.
Rebecca Tadesse,
Branch Chief, Decommissioning Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E6–19433 Filed 11–16–06; 8:45 am]
BILLING CODE 7590–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
No FEAR Act
Occupational Safety and Health
Review Commission.
ACTION: Notice.
AGENCY:
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66988
Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices
Occupational Safety and Health Review
Commission, 1120—20th Street, NW.,
9th Floor, Washington, DC 20036–3457.
Telephone: (202) 606–5390.
SUPPLEMENTARY INFORMATION: The
‘‘Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002,’’ commonly known as the No
FEAR Act, was passed to require that
Federal agencies be accountable for
violations of discrimination and
whistleblower protection laws. The Act
recognized that agencies cannot be run
effectively if those agencies practice or
tolerate discrimination. The Act and
regulations promulgated by Office of
Personnel Management at 5 CFR
724.102 require that Federal employees,
former employees, and applicants be
notified in paper and/or electronic form
of the rights and protections available to
them under Antidiscrimination and
Whistleblower Protection laws.
OSHRC’s notice will raise the awareness
of its employees, former employees, and
applicants for employment of the
procedures to follow if they believe they
have been subject to a violation of these
laws.
For these reasons, OSHRC is
publishing this No FEAR Act Notice
(also published on the agency’s Web site
at https://www.oshrc.gov):
jlentini on PROD1PC65 with NOTICES
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.’’ Public Law
107–174, Title I, General Provisions,
sec. 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),
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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 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.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
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
above 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).
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Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices
Dated: November 15, 2006.
W. Scott Railton,
Chairman.
[FR Doc. 06–9273 Filed 11–15–06; 12:14 pm]
BILLING CODE 7600–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
North American Free Trade
Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster
Office of the United States
Trade Representative.
ACTION: Invitation for applications.
AGENCY:
SUMMARY: Chapter 19 of the North
American Free Trade Agreement
(‘‘NAFTA’’) provides for the
establishment of a roster of individuals
to serve on binational panels convened
to review final determinations in
antidumping or countervailing duty
(‘‘AD/CVD’’) proceedings and
amendments to AD/CVD statutes of a
NAFTA Party. The United States
annually renews its selections for the
Chapter 19 roster. Applications are
invited from eligible individuals
wishing to be included on the roster for
the period April 1, 2007 through March
31, 2008.
DATES: Applications should be received
no later than December 6, 2006.
ADDRESSES: Applications should be
submitted (i) electronically, to
FR0501@ustr.eop.gov, Attn: ‘‘Chapter 19
Roster Applications’’ in the subject line,
or (ii) by fax to Sandy McKinzy at 202–
395–3640.
FOR FURTHER INFORMATION CONTACT:
Jeffrey G. Weiss, Assistant General
Counsel, Office of the United States
Trade Representative, (202) 395–4498.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
Binational Panel Reviews Under
NAFTA Chapter 19
Article 1904 of the NAFTA provides
that a party involved in an AD/CVD
proceeding may obtain review by a
binational panel of a final AD/CVD
determination of one NAFTA Party with
respect to the products of another
NAFTA Party. Binational panels decide
whether such AD/CVD determinations
are in accordance with the domestic
laws of the importing NAFTA Party, and
must use the standard of review that
would have been applied by a domestic
court of the importing NAFTA Party. A
panel may uphold the AD/CVD
determination, or may remand it to the
national administering authority for
action not inconsistent with the panel’s
decision. Panel decisions may be
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reviewed in specific circumstances by a
three-member extraordinary challenge
committee, selected from a separate
roster composed of fifteen current or
former judges.
Article 1903 of the NAFTA provides
that a NAFTA Party may refer an
amendment to the AD/CVD statutes of
another NAFTA Party to a binational
panel for a declaratory opinion as to
whether the amendment is inconsistent
with the General Agreement on Tariffs
and Trade (‘‘GATT’’), the GATT
Antidumping or Subsidies Codes,
successor agreements, or the object and
purpose of the NAFTA with regard to
the establishment of fair and predictable
conditions for the liberalization of trade.
If the panel finds that the amendment is
inconsistent, the two NAFTA Parties
shall consult and seek to achieve a
mutually satisfactory solution.
Chapter 19 Roster and Composition of
Binational Panels
Annex 1901.2 of the NAFTA provides
for the maintenance of a roster of at least
75 individuals for service on Chapter 19
binational panels, with each NAFTA
Party selecting at least 25 individuals. A
separate five-person panel is formed for
each review of a final AD/CVD
determination or statutory amendment.
To form a panel, the two NAFTA Parties
involved each appoint two panelists,
normally by drawing upon individuals
from the roster. If the Parties cannot
agree upon the fifth panelist, one of the
Parties, decided by lot, selects the fifth
panelist from the roster. The majority of
individuals on each panel must consist
of lawyers in good standing, and the
chair of the panel must be a lawyer.
Upon each request for establishment
of a panel, roster members from the two
involved NAFTA Parties will be
requested to complete a disclosure form,
which will be used to identify possible
conflicts of interest or appearances
thereof. The disclosure form requests
information regarding financial interests
and affiliations, including information
regarding the identity of clients of the
roster member and, if applicable, clients
of the roster member’s firm.
Criteria for Eligibility for Inclusion on
Chapter 19 Roster
Section 402 of the NAFTA
Implementation Act (Pub. L. 103–182,
as amended (19 U.S.C. 3432)) (‘‘Section
402’’) provides that selections by the
United States of individuals for
inclusion on the Chapter 19 roster are to
be based on the eligibility criteria set
out in Annex 1901.2 of the NAFTA, and
without regard to political affiliation.
Annex 1901.2 provides that Chapter 19
roster members must be citizens of a
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Fmt 4703
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66989
NAFTA Party, must be of good character
and of high standing and repute, and are
to be chosen strictly on the basis of their
objectivity, reliability, sound judgment,
and general familiarity with
international trade law. Aside from
judges, roster members may not be
affiliated with any of the three NAFTA
Parties. Section 402 also provides that,
to the fullest extent practicable, judges
and former judges who meet the
eligibility requirements should be
selected.
Adherence to the NAFTA Code of
Conduct for Binational Panelists
The ‘‘Code of Conduct for Dispute
Settlement Procedures Under Chapters
19 and 20’’ (see https://www.nafta-secalena.org/DefaultSite/
index_e.aspx?CategoryId=75), which
was established pursuant to Article
1909 of the NAFTA, provides that
current and former Chapter 19 roster
members ‘‘shall avoid impropriety and
the appearance of impropriety and shall
observe high standards of conduct so
that the integrity and impartiality of the
dispute settlement process is
preserved.’’ The Code also provides that
candidates to serve on chapter 19
panels, as well as those who are
ultimately selected to serve as panelists,
have an obligation to ‘‘disclose any
interest, relationship or matter that is
likely to affect [their] impartiality or
independence, or that might reasonably
create an appearance of impropriety or
an apprehension of bias.’’ Annex 1901.2
of the NAFTA provides that roster
members may engage in other business
while serving as panelists, subject to the
Code of Conduct and provided that such
business does not interfere with the
performance of the panelist’s duties. In
particular, Annex 1901.2 states that
‘‘[w]hile acting as a panelist, a panelist
may not appear as counsel before
another panel.’’
Procedures for Selection of Chapter 19
Roster Members
Section 402 establishes procedures for
the selection by the Office of the United
States Trade Representative (‘‘USTR’’) of
the individuals chosen by the United
States for inclusion on the Chapter 19
roster. The roster is renewed annually,
and applies during the one-year period
beginning April 1 of each calendar year.
Under Section 402, an interagency
committee chaired by USTR prepares a
preliminary list of candidates eligible
for inclusion on the Chapter 19 Roster.
After consultation with the Senate
Committee on Finance and the House
Committee on Ways and Means, USTR
selects the final list of individuals
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Agencies
[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66987-66989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9273]
=======================================================================
-----------------------------------------------------------------------
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
No FEAR Act
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Review Commission (OSHRC)
is publishing this notice under the ``Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002,'' which is known as the
No FEAR Act, to inform current employees, former employees, and
applicants for OSHRC employment of the rights and protections available
to them under Federal antidiscrimination, whistleblower protection, and
retaliation laws.
DATES: November 17, 2006.
FOR FURTHER INFORMATION CONTACT: Angela Roach, EEO Officer,
[[Page 66988]]
Occupational Safety and Health Review Commission, 1120--20th Street,
NW., 9th Floor, Washington, DC 20036-3457. Telephone: (202) 606-5390.
SUPPLEMENTARY INFORMATION: The ``Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002,'' commonly known as the
No FEAR Act, was passed to require that Federal agencies be accountable
for violations of discrimination and whistleblower protection laws. The
Act recognized that agencies cannot be run effectively if those
agencies practice or tolerate discrimination. The Act and regulations
promulgated by Office of Personnel Management at 5 CFR 724.102 require
that Federal employees, former employees, and applicants be notified in
paper and/or electronic form of the rights and protections available to
them under Antidiscrimination and Whistleblower Protection laws.
OSHRC's notice will raise the awareness of its employees, former
employees, and applicants for employment of the procedures to follow if
they believe they have been subject to a violation of these laws.
For these reasons, OSHRC is publishing this No FEAR Act Notice
(also published on the agency's Web site at https://www.oshrc.gov):
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.''
Public Law 107-174, Title I, General Provisions, sec. 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 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 above 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).
[[Page 66989]]
Dated: November 15, 2006.
W. Scott Railton,
Chairman.
[FR Doc. 06-9273 Filed 11-15-06; 12:14 pm]
BILLING CODE 7600-01-P