Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, 75279-75280 [06-9689]

Download as PDF Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices information from civilian personnel or medical records. Estimated total annual burden hours: 2,671 hours. Abstract: In accordance with rules issued by the Office of Personnel Management, the National Personnel Records Center (NPRC) of the National Archives and Records Administration (NARA) administers Official Personnel Folders (OPF) and Employee Medical Folders (EMF) of former Federal civilian employees. The authority for this information collection is contained in 36 CFR 1228.164. When former Federal civilian employees and other authorized individuals request information from or copies of documents in OPF’s or EMF’s, they must provide in forms or in letters certain information about the employee and the nature of the request. The NA Form 13022, Returned Request Form, is used to request additional information about the former Federal employee. The NA Form 13064, Reply to Request Involving Relief Agencies, is used to request additional information about the former relief agency employee. The NA Form 13068, Walk-In Request for OPM Records or Information, is used by members of the public, with proper authorization, to request a copy of a Personnel or Medical record. Dated: December 7, 2006. Martha Morphy, Assistant Archivist for Information Services. [FR Doc. E6–21312 Filed 12–13–06; 8:45 am] BILLING CODE 7515–01–P NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 AGENCY: National Endowment for the Arts. rwilkins on PROD1PC63 with NOTICES ACTION: Notice. SUMMARY: Notice is hereby given to National Endowment for the Arts employees, former employees and applicants for Federal employment about the rights and remedies available under the antidiscrimination, whistleblower protection, and retaliation laws applicable to them. DATES: Effective immediately. FOR FURTHER INFORMATION CONTACT: Craig McCord, Director of Human Resources, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Room 627, Washington, DC 20506, (202) 682–5473; or Angelia C. Richardson, Director, Civil Rights Office, National Endowment for the Arts, 1100 VerDate Aug<31>2005 17:54 Dec 13, 2006 Jkt 211000 Pennsylvania Avenue, NW., Room 219, Washington, DC 20506, (202) 682–5454. Persons who cannot access this No FEAR Act Notice through the Internet may request a paper or electronic copy by contacting the Civil Rights Office at the address and telephone number listed above. 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. In support of this purpose, Congress found that ‘‘agencies cannot be run effectively if Federal agencies practice or tolerate discrimination.’’ Public Law 107–174, Section 101(1), 1216 Stat. 566. The Act also requires the National Endowment for the Arts to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform them of the rights and protections available to them under Federal antidiscrimination, whistleblower protection, and retaliation 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 the 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 our 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 75279 file a written complaint with the U.S. Office of Special Counsel (OSC) (contact information listed under whistleblower Protection Laws). 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 regulations; 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 E:\FR\FM\14DEN1.SGM 14DEN1 75280 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices 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., Civil Rights/EEO Office, Human Resources Office, or Office of General Counsel). 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). Karen Elias, Acting General Counsel, National Endowment for the Arts. [FR Doc. 06–9689 Filed 12–13–06; 8:45 am] BILLING CODE 7036–01–M NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it VerDate Aug<31>2005 17:54 Dec 13, 2006 Jkt 211000 displays a current valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: NRC Form 664, ‘‘General Licensee Registration’’. 3. The form number if applicable: NRC Form 664. 4. How often the collection is required: Annually. 5. Who is required or asked to report: General Licensees of the NRC who possess devices subject to registration under 10 CFR 31.5. 6. An estimate of the number of responses: 1,000. 7. The estimated number of annual respondents: 1,000. 8. The number of hours needed annually to complete the requirement or request: 333 hours annually (1,000 respondents × 20 minutes per form). 9. An indication of whether Section 3507(d), Pub. L. 104–13 applies: Not applicable. 10. Abstract: NRC Form 664 is used by NRC general licensees to make reports regarding certain generally licensed devices subject to registration. The registration program allows NRC to better track general licensees, so that they can be contacted or inspected as necessary, and to make sure that generally licensed devices can be identified even if lost or damaged, and to further ensure that general licensees are aware of and understand the requirements for the possession of devices containing byproducts material. Greater awareness helps to ensure that general licensees will comply with the requirements for proper handling and disposal of generally licensed devices and would reduce the potential for incidents that could result in unnecessary radiation exposure to the public and contamination of property. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by January 16, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. OMB Desk Officer, Office of Information and Regulatory Affairs PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 (3150–0198), NEOB–10202, Office of Management and Budget, Washington, DC 20503. Comments can also be submitted by telephone at (202) 395–3087. The NRC Clearance Officer is Margaret A. Janney, 301–415–7245. Dated at Rockville, Maryland, this 7th day of December, 2006. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. E6–21271 Filed 12–13–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–293] Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station; Notice of Availability of The Draft Supplement 29 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, and Public Meeting for the License Renewal of Pilgrim Nuclear Power Station Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a draft plant-specific supplement to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS), NUREG–1437, regarding the renewal of operating license DPR–35 for an additional 20 years of operation for the Pilgrim Nuclear Power Station (Pilgrim). Pilgrim is located on the western shore of Cape Cod in the Town of Plymouth, Plymouth County, Massachusetts. It is 38 miles southeast of Boston, Massachusetts, and 44 miles east of Providence, Rhode Island. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The draft Supplement 29 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, or from the NRC’s Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at https://adamswebsearch.nrc.gov/ dologin.htm. The Accession Number for the draft Supplement 29 to the GEIS is ML063260173. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC’s PDR reference staff by telephone at 1–800–397–4209, or 301–415–4737, E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Pages 75279-75280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9689]


=======================================================================
-----------------------------------------------------------------------

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES


Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002

AGENCY: National Endowment for the Arts.

ACTION:  Notice.

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

SUMMARY: Notice is hereby given to National Endowment for the Arts 
employees, former employees and applicants for Federal employment about 
the rights and remedies available under the antidiscrimination, 
whistleblower protection, and retaliation laws applicable to them.

DATES: Effective immediately.

FOR FURTHER INFORMATION CONTACT: Craig McCord, Director of Human 
Resources, National Endowment for the Arts, 1100 Pennsylvania Avenue, 
NW., Room 627, Washington, DC 20506, (202) 682-5473; or Angelia C. 
Richardson, Director, Civil Rights Office, National Endowment for the 
Arts, 1100 Pennsylvania Avenue, NW., Room 219, Washington, DC 20506, 
(202) 682-5454.
    Persons who cannot access this No FEAR Act Notice through the 
Internet may request a paper or electronic copy by contacting the Civil 
Rights Office at the address and telephone number listed above.

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. In 
support of this purpose, Congress found that ``agencies cannot be run 
effectively if Federal agencies practice or tolerate discrimination.'' 
Public Law 107-174, Section 101(1), 1216 Stat. 566. The Act also 
requires the National Endowment for the Arts to provide this notice to 
Federal employees, former Federal employees and applicants for Federal 
employment to inform them of the rights and protections available to 
them under Federal antidiscrimination, whistleblower protection, and 
retaliation 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 the 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 our 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) (contact information listed under whistleblower 
Protection Laws). 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 regulations; 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

[[Page 75280]]

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., Civil Rights/EEO Office, Human Resources Office, or 
Office of General Counsel). 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).

Karen Elias,
Acting General Counsel, National Endowment for the Arts.
[FR Doc. 06-9689 Filed 12-13-06; 8:45 am]
BILLING CODE 7036-01-M
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.