Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) Notice, 66909-66910 [E6-19490]

Download as PDF Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices Contracting Activity: AF–Hurlburt Field AFB, Hurlburt Field, Florida. Service Type/Location: Switchboard Operation, VA Medical Center– Birmingham, 7100 South 19th Street, Birmingham, Alabama. NPA: Alabama Goodwill Industries, Inc., Birmingham, Alabama. Contracting Activity: VA Medical Center, Augusta, Georgia. Deletion Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the product to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the product proposed for deletion from the Procurement List. End of Certification The following product are proposed for deletion from the Procurement List: Product Product/NSN: Cross ‘‘Solo’’ Pen and Refill, 7510–01–451–9182, 7510–01– 451–9185, 7510–01–451–9187, 7510– 01–425–6802. NPA: In-Sight, Warwick, Rhode Island. Contracting Activity: Office Supplies & Paper Products Acquisition Center, New York, NY. held on Tuesday, December 12, 2006 from 5:30 p.m. to 8:30 p.m. (MST); and a community forum will convene on Wednesday, December 13 from 9 a.m. to 6 p.m. (MST). The purpose of the planning meeting/ procedural briefing on Tuesday, December 12, will be to provide orientation and ethics training for the newly chartered Utah Advisory Committee, brief advisory committee members on Commission and regional activities and plan for future activities. During the procedural briefing portion of the meeting, RMRO staff will review procedures and guidelines for conducting the December 13 forum and share information on the presenters. The purpose of the community forum on Wednesday, December 13, will be to obtain information and perspectives on the status of civil rights for American Indians in Utah. There will be formal presentations from elected officials, tribal representatives, American Indian and community leaders, and other knowledgeable persons. Also, an open session will be conducted. Persons desiring additional information, or planning a presentation to the Committee, should contact John Dulles, Director of the Rocky Mountain Regional Office, (303) 866–1040 (TDD 303–866–1049). Hearing impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission. G. John Heyer, General Counsel. [FR Doc. E6–19466 Filed 11–16–06; 8:45 am] Dated at Washington, DC, November 13, 2006. Ivy L. Davis, Acting Chief, Regional Programs Coordination Unit. [FR Doc. E6–19435 Filed 11–16–06; 8:45 am] BILLING CODE 6353–01–P BILLING CODE 6335–01–P COMMISSION ON CIVIL RIGHTS DEPARTMENT OF COMMERCE jlentini on PROD1PC65 with NOTICES Agenda and Notice of Public Meeting of the Utah Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights, that two meetings of the Utah Advisory Committee to the U.S. Commission on Civil Rights will be held in Salt Lake City, Utah 84101. Both meetings will be held at Horizonte Instruction and Training Center, 1234 S. Main Street, Salt Lake City. A planning meeting with procedural briefing will be VerDate Aug<31>2005 16:31 Nov 16, 2006 Jkt 211001 [Docket Number: 061113299–6299–01] Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) Notice Office of Administration, Department of Commerce. ACTION: Notice. AGENCY: The Department of Commerce publishes this notice to inform current employees, former employees and applicants for Commerce employment of the rights and protections available to SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 66909 these individuals under Federal antidiscrimination, whistleblower protection and retaliation laws. The Department takes this action pursuant to the notification requirements contained in the Office of Personnel Management regulations. The intent of this action is to ensure that Federal agencies are accountable for violations of antidiscrimination and whistleblower protections laws. Additional Information: For further information regarding the No FEAR Act regulations, refer to 5 CFR part 724. Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web site at https://www.eeoc.gov and the OSC Web site at https://www.osc.gov. SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, which is known as the No FEAR Act. One purpose of the Act is to ‘‘require 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 No FEAR Act requires the President, or his designee, to promulgate regulations implementing the Act. The President delegated these responsibilities to the Office of Personnel Management, who issued a final rule on notification and training (71 FR 41095, July 20, 2006). Pursuant to the Office of Personnel Management’s regulations, the Department of Commerce provides this No Fear Act Notice to current employees, former employees and applicants for Commerce employment to inform you of the rights and protections available to you under Federal antidiscrimination, whistleblower protection and retaliation laws. For purposes of the Act, an applicant for Federal employment means an individual applying for employment in or under a Federal agency; a Federal employee means an individual employed in or under a Federal agency; and a former Federal employee means an individual formerly employed in or under a Federal agency. 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, E:\FR\FM\17NON1.SGM 17NON1 66910 Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Notices jlentini on PROD1PC65 with NOTICES 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 the Equal Employment Opportunity Commission (EEOC) notice of intent to sue 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). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the 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 VerDate Aug<31>2005 16:31 Nov 16, 2006 Jkt 211001 Street, NW., Suite 218, Washington, DC 20036–4505 or online through the OSC Web site-https://www.osc.gov. DEPARTMENT OF COMMERCE Retaliation for Engaging in Protected Activity (A–570–851) 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 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. Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, the Act and this notice does not create, expand or reduce 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 14, 2006. Suzan J. Aramaki, Director, Office of Civil Rights, U.S. Department of Commerce. [FR Doc. E6–19490 Filed 11–16–06; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 International Trade Administration Certain Preserved Mushrooms from the People’s Republic of China: Final Results of the Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 7, 2006, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (‘‘PRC’’) for Guangxi Eastwing Trading Co., Ltd. (‘‘Eastwing’’). See Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 71 FR 38617 (July 7, 2006) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. Although no party submitted a case brief, additional surrogate value information has been placed on the record subsequent to the Preliminary Results by both Eastwing and the Department. Based on our analysis of the surrogate value information, we made changes to the antidumping duty margin calculations for the final results. We continue to find that Eastwing sold subject merchandise at less than normal value during the period of review (‘‘POR’’) February 1, 2005, through August 15, 2005. EFFECTIVE DATE: November 17, 2006. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2312. SUPPLEMENTARY INFORMATION: AGENCY: Case History Subsequent to the Preliminary Results, on July 27, 2006, Eastwing timely submitted publicly available surrogate value information for the Department to consider in valuing the factors of production. Eastwing did not file a case brief. On September 11, 2006, the Department sent Eastwing a letter asking it to clarify certain information contained in its July 27, 2006, filing, and also placed on the record for comment additional surrogate value information. On September 21, 2006, E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66909-66910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19490]


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DEPARTMENT OF COMMERCE

[Docket Number: 061113299-6299-01]


Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (No FEAR Act) Notice

AGENCY: Office of Administration, Department of Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce publishes this notice to inform 
current employees, former employees and applicants for Commerce 
employment of the rights and protections available to these individuals 
under Federal antidiscrimination, whistleblower protection and 
retaliation laws. The Department takes this action pursuant to the 
notification requirements contained in the Office of Personnel 
Management regulations. The intent of this action is to ensure that 
Federal agencies are accountable for violations of antidiscrimination 
and whistleblower protections laws.
    Additional Information: For further information regarding the No 
FEAR Act regulations, refer to 5 CFR part 724. Additional information 
regarding Federal antidiscrimination, whistleblower protection and 
retaliation laws can be found at the EEOC Web site at https://
www.eeoc.gov and the OSC Web site at https://www.osc.gov.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002, which is known as the No FEAR Act. One purpose of the Act 
is to ``require 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 No FEAR Act requires the President, or 
his designee, to promulgate regulations implementing the Act. The 
President delegated these responsibilities to the Office of Personnel 
Management, who issued a final rule on notification and training (71 FR 
41095, July 20, 2006). Pursuant to the Office of Personnel Management's 
regulations, the Department of Commerce provides this No Fear Act 
Notice to current employees, former employees and applicants for 
Commerce employment to inform you of the rights and protections 
available to you under Federal antidiscrimination, whistleblower 
protection and retaliation laws. For purposes of the Act, an applicant 
for Federal employment means an individual applying for employment in 
or under a Federal agency; a Federal employee means an individual 
employed in or under a Federal agency; and a former Federal employee 
means an individual formerly employed in or under a Federal agency.

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,

[[Page 66910]]

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 the Equal Employment Opportunity Commission (EEOC) notice 
of intent to sue 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).
    In the alternative (or in some cases, in addition), you may pursue 
a discrimination complaint by filing a grievance through the 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 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.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, the Act and this notice 
does not create, expand or reduce 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 14, 2006.
Suzan J. Aramaki,
Director, Office of Civil Rights, U.S. Department of Commerce.
 [FR Doc. E6-19490 Filed 11-16-06; 8:45 am]
BILLING CODE 3510-22-P