No FEAR Act Notice, 68562-68563 [E6-20026]

Download as PDF 68562 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices which is the subject of this permit, and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 111706A] Endangered Species; File No. 1543 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. AGENCY: to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws. Dated: November 20, 2006. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6–20007 Filed 11–24–06; 8:45 am] 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 the Commission. 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 the Commission’s administrative or negotiated grievance procedures.2 BILLING CODE 3510–22–S SUMMARY: Notice is hereby given that Duke Power Company (Gene E. Vaughan, Principal Investigator), 13339 Hagers Ferry Road, Huntersville, North Carolina, 28078 has been issued a permit to conduct scientific research on shortnose sturgeon (Acipenser brevirostrum). CONSUMER PRODUCT SAFETY COMMISSION The permit and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)713–0376; and Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; phone (727)824–5312; fax (727)824– 5309. SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws.1 This notice fulfills CPSC’s notification obligations under the Notification and Federal Employees Anti-discrimination Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management (OPM) regulations. FOR FURTHER INFORMATION CONTACT: Kathleen V. Buttrey, Director, EEO and Minority Enterprise, U.S. Consumer Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland 20814; telephone (301) 504–7771 or e-mail: kbuttrey@cpsc.gov. SUPPLEMENTARY INFORMATION: 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, section 101(1). The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment ADDRESSES: sroberts on PROD1PC70 with NOTICES FOR FURTHER INFORMATION CONTACT: Malcolm Mohead or Brandy Hutnak, (301)713–2289. SUPPLEMENTARY INFORMATION: On November 10, 2005, notice was published in the Federal Register (70 FR 68398) that a request for a scientific research permit to take shortnose sturgeon had been submitted by Duke Power Company. The requested permit has been issued under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). Duke Power Company proposes to conduct a study of shortnose sturgeon in the Wateree River, South Carolina, as part of the Federal Energy Regulatory Commissions’s 2008 relicensing process for the company’s Catawba-Wateree Hydropower Project. Up to three adult and/or juvenile shortnose sturgeon are authorized to be captured annually with gill nets to measure, weigh, scan for PIT tags, fin clip and then release. Issuance of this permit, as required by the ESA, was based on a finding that such permit (1) was applied for in good faith, (2) will not operate to the disadvantage of the endangered species VerDate Aug<31>2005 16:58 Nov 24, 2006 Jkt 211001 No FEAR Act Notice Consumer Product Safety Commission. ACTION: Notice. AGENCY: 1 Commissioner Thomas H. Moore filed a statement which is available from the Office of the Secretary or on the Commission’s Web site at https://www.cpsc.gov. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 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 which 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 2 Please note that the Commission’s negotiated grievance procedures are available only to Headquarter employees. E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices 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. 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 20, 2006. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E6–20026 Filed 11–24–06; 8:45 am] BILLING CODE 6355–01–P 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. sroberts on PROD1PC70 with NOTICES Additional Information For further information regarding No FEAR Act regulations, refer to 5 CFR Part 724, as well as the EEO and Minority Enterprise Office at the CPSC. Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web VerDate Aug<31>2005 16:58 Nov 24, 2006 Jkt 211001 DEPARTMENT OF DEFENSE Office of the Secretary [No. DoD–2006–OS–0183] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by December 27, 2006. Title and OMB Number: DTRA Industry Partner Questionnaire; OMB Control Number 0704–TBD. Type of Request: New. Number of Respondents: 209. Responses Per Respondent: 1. Annual Responses: 209. Average Burden Per Response: .33 hours. Annual Burden Hours: 70. Needs and Uses: This information collection instrument will allow DTRA to benchmark our contract relationships and request best practices from our industry partners via an electronic questionnaire. Further, the questionnaire will result in more constructive agendas for subsequent DTRA industry outreach conferences. Affected Public: Business or other forprofit; not-for-profit institutions. Frequency: On Occasion. Respondent’s Obligation: Voluntary. OMB Desk Officer: Ms. Hillary Jaffe. Written comments and recommendations on the proposed information collection should be sent to Ms. Jaffe at the Office of Management and Budget, Desk Officer for DoD, Room PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 68563 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. DOD Clearance Officer: Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/ Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209–2133. Dated: October 23, 2006. Patricia L. Toppings, Alternate OSD Federal Register Liaison officer, Department of Defense. [FR Doc. 06–9392 Filed 11–24–06; 8:45 am] BILLING CODE 5001–06–M DEPARTMENT OF DEFENSE Office of the Secretary [No. DoD–2006–OS–0211] Proposed Collection; Comment Request Department of Defense, Office of the Deputy Under Secretary of Defense (Installations and Environment). ACTION: Notice. AGENCY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Deputy Under Secretary of Defense (Environmental) announces the proposed extension of a public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the E:\FR\FM\27NON1.SGM 27NON1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Notices]
[Pages 68562-68563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20026]


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CONSUMER PRODUCT SAFETY COMMISSION


No FEAR Act Notice

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
providing notice to all of its employees, former employees, and 
applicants for employment about the rights and remedies that are 
available to them under the Federal antidiscrimination laws and 
whistleblower protection laws.\1\ This notice fulfills CPSC's 
notification obligations under the Notification and Federal Employees 
Anti-discrimination Retaliation Act (No FEAR Act), as implemented by 
Office of Personnel Management (OPM) regulations.
---------------------------------------------------------------------------

    \1\ Commissioner Thomas H. Moore filed a statement which is 
available from the Office of the Secretary or on the Commission's 
Web site at https://www.cpsc.gov.

FOR FURTHER INFORMATION CONTACT: Kathleen V. Buttrey, Director, EEO and 
Minority Enterprise, U.S. Consumer Product Safety Commission, 4330 
East-West Highway, Bethesda, Maryland 20814; telephone (301) 504-7771 
---------------------------------------------------------------------------
or e-mail: kbuttrey@cpsc.gov.

SUPPLEMENTARY INFORMATION: 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, 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 the Commission. 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 the Commission's administrative or negotiated 
grievance procedures.\2\
---------------------------------------------------------------------------

    \2\ Please note that the Commission's negotiated grievance 
procedures are available only to Headquarter employees.
---------------------------------------------------------------------------

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 which 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

[[Page 68563]]

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 No FEAR Act regulations, refer to 
5 CFR Part 724, as well as the EEO and Minority Enterprise Office at 
the CPSC. 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 20, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E6-20026 Filed 11-24-06; 8:45 am]
BILLING CODE 6355-01-P

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