No FEAR Act Notice; Notice of Rights and Protections Available Under Federal Antidiscrimination and Whistleblower Protection Laws, 13101-13102 [2013-04467]

Download as PDF Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Notices it acceptable for use by licensees. Licensees opting to apply for this TS change are responsible for reviewing the NRC’s staff SE and the applicable technical bases, providing any necessary plant-specific information, and assessing the completeness and accuracy of their license amendment request (LAR). The NRC will process each amendment application responding to the Notice of Availability according to applicable NRC rules and procedures. The change does not prevent licensees from requesting an alternate approach or proposing changes other than those proposed in TSTF–535, Revision 0. However, significant deviations from the approach recommended in this notice or the inclusion of additional changes to the license will require additional NRC staff review. This may increase the time and resources needed for the review or result in NRC staff rejection of the LAR. Licensees desiring significant deviations or additional changes should instead submit an LAR that does not claim to adopt TSTF–535, Revision 0. Dated at Rockville, Maryland, this 14th day of February 2013. For the Nuclear Regulatory Commission. Anthony J. Mendiola, Chief, Licensing Processes Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2013–04397 Filed 2–25–13; 8:45 am] BILLING CODE 7590–01–P PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD [Notice-PCLOB–2013–01; Docket No. 2013– 0004; Sequence No. 1] No FEAR Act Notice; Notice of Rights and Protections Available Under Federal Antidiscrimination and Whistleblower Protection Laws Privacy and Civil Liberties Oversight Board. ACTION: Notice. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: SUMMARY: In accordance with the requirements of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, the Privacy and Civil Liberties Oversight Board is providing notice to its employees, former employees, and applicants for Board employment about the rights and remedies available to them under the federal anti-discrimination, whistleblower protection, and retaliation laws. FOR FURTHER INFORMATION CONTACT: Claire McKenna, Legal Counsel, at 202– VerDate Mar<15>2010 16:35 Feb 25, 2013 Jkt 229001 366–0365 or claire.mckenna.pclob@dot.gov. On May 15, 2002, Congress enacted the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, Public Law 107–174, also known as the No FEAR Act. The Act requires that federal agencies provide notice to their employees, former employees, and applicants for employment to inform them of the rights and protections available under federal anti-discrimination, whistleblower protection, and retaliation laws. SUPPLEMENTARY INFORMATION: Anti-Discrimination 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, 2 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 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. This timeline may be extended by the Board under the circumstances described in 29 CFR 1614.105(a)(2). 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 Board’s administrative or negotiated grievance procedures, if such procedures apply and are available. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 13101 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 disclosures 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, http://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 or retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws section 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 the Federal Antidiscrimination and Whistleblower Protection Laws up to and including removal. If OSC has initiated an investigation under 5 U.S.C. 1214, however, agencies must seek approval from OSC to discipline employees for, among other activities, engaging in prohibited retaliation, 5 U.S.C. 1214(f). Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a federal employee or to E:\FR\FM\26FEN1.SGM 26FEN1 13102 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Notices 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 724, as well as the appropriate Board offices. Additional information regarding federal antidiscrimination laws can be found at the EEOC Web site, http://www.eeoc.gov, and the OSC Web site, http://www.osc.gov. Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, neither the No FEAR 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: February 21, 2013. Claire McKenna, Legal Counsel, Privacy and Civil Liberties Oversight Board. [FR Doc. 2013–04467 Filed 2–25–13; 8:45 am] BILLING CODE P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. tkelley on DSK3SPTVN1PROD with NOTICES Extension: Appendix F to Rule 15c3–1; SEC File No. 270–440, OMB Control No. 3235–0496. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the Securities and Exchange Commission (‘‘Commission’’) has submitted to the Office of Management and Budget (‘‘OMB’’) a request for approval of extension of the previously approved collection of information provided for in Appendix F to Rule 15c3–1 (‘‘Appendix F’’ or ‘‘Rule 15c3–1f’’) (17 CFR 240.15c3–1f) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Appendix F requires a broker-dealer choosing to register, upon Commission approval, as an OTC derivatives dealer to develop and maintain an internal risk management system based on Value-atRisk (‘‘VaR’’) models. It is anticipated that a total of four (4) broker-dealers registering as OTC derivatives dealers will spend 1,000 hours on a one-time VerDate Mar<15>2010 16:35 Feb 25, 2013 Jkt 229001 basis complying with the system development requirements of Rule 15c3–1f, for an estimated one-time initial startup burden of approximately 4,000 hours. Appendix F also requires the OTC derivatives dealer to maintain its system model according to certain prescribed standards. It is anticipated that a total of eight (8) broker-dealers will spend 1,000 hours per year maintaining the system model required by Rule 15c3–1f, for an estimated recurring annual burden of approximately 8,000 hours. Thus, the total industry-wide burden is estimated to be approximately 12,000 hours (4,000 hours + 8,000 hours) for the first year and 8,000 hours for each subsequent year.1 The records required to be kept pursuant to Appendix F and results of periodic reviews conducted pursuant to Rule 15c3–4 generally must be preserved under Rule 17a–4 of the Exchange Act (17 CFR 240.17a–4) for a period of not less than three years, the first two years in an easily accessible place. The Commission will not generally publish or make available to any person notices or reports received pursuant to the Rule. The statutory basis for the Commission’s refusal to disclose such information to the public is the exemption contained in Section (b)(4) of the Freedom of Information Act (5 U.S.C. 552), which essentially provides that the requirement of public dissemination does not apply to commercial or financial information which is privileged or confidential. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. The public may view background documentation for this information collection at the following Web site, www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to: Shagufta_Ahmed@omb.eop.gov; and (ii) Thomas Bayer, Director/Chief 1 The Commission estimates that a total of eight entities will be registered as OTC derivatives dealers at the end of the next three years, consisting of the four current OTC derivatives dealers and four anticipated registrants. This is in contrast with the prior estimate of five OTC derivatives dealers, consisting of four current OTC derivatives dealers and one anticipated registrant. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Information Officer, Securities and Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way, Alexandria, Virginia 22312 or send an email to PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: February 20, 2013. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–04367 Filed 2–25–13; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 17g–4; SEC File No. 270–566, OMB Control No. 3235–0627. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the Securities and Exchange Commission (‘‘Commission’’) has submitted to the Office of Management and Budget (‘‘OMB’’) a request for approval of extension of the previously approved collection of information provided for in Rule 17g–4 (17 CFR 240.17g–4) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (‘‘Exchange Act’’). The Credit Rating Agency Reform Act of 2006 added a new section 15E, ‘‘Registration of Nationally Recognized Statistical Rating Organizations,’’ 1 to the Exchange Act. Pursuant to the authority granted under section 15E of the Exchange Act, the Commission adopted Rule 17g–4, which requires that a nationally recognized statistical rating organization (‘‘NRSRO’’) establish, maintain, and enforce written policies and procedures to prevent the misuse of material nonpublic information, including policies and procedures reasonably designed to prevent: (a) The inappropriate dissemination of material nonpublic information obtained in connection with the performance of credit rating services; (b) a person within the NRSRO from trading on material nonpublic information; and (c) the inappropriate dissemination of a pending credit rating action.2 1 15 U.S.C. 78o–7. 17 CFR 240.17g–4; Release No. 34–55231 (Feb. 2, 2007), 72 FR 6378 (Feb. 9, 2007); Release No. 34–55857 (June 5, 2007), 72 FR 33564 (June 18, 2007). 2 See E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13101-13102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04467]


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PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

[Notice-PCLOB-2013-01; Docket No. 2013-0004; Sequence No. 1]


No FEAR Act Notice; Notice of Rights and Protections Available 
Under Federal Antidiscrimination and Whistleblower Protection Laws

AGENCY: Privacy and Civil Liberties Oversight Board.

ACTION: Notice.

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

SUMMARY: In accordance with the requirements of the Notification and 
Federal Employee Antidiscrimination and Retaliation Act of 2002, the 
Privacy and Civil Liberties Oversight Board is providing notice to its 
employees, former employees, and applicants for Board employment about 
the rights and remedies available to them under the federal anti-
discrimination, whistleblower protection, and retaliation laws.

FOR FURTHER INFORMATION CONTACT: Claire McKenna, Legal Counsel, at 202-
366-0365 or claire.mckenna.pclob@dot.gov.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002, Public Law 107-174, also known as the No FEAR Act. The Act 
requires that federal agencies provide notice to their employees, 
former employees, and applicants for employment to inform them of the 
rights and protections available under federal anti-discrimination, 
whistleblower protection, and retaliation laws.

Anti-Discrimination 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, 2 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 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. This timeline may be 
extended by the Board under the circumstances described in 29 CFR 
1614.105(a)(2). 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 Board'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 disclosures 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, http://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 or retaliation for 
engaging in protected activity, you must follow, as appropriate, the 
procedures described in the Antidiscrimination Laws and Whistleblower 
Protection Laws section 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 the Federal Antidiscrimination and Whistleblower 
Protection Laws up to and including removal. If OSC has initiated an 
investigation under 5 U.S.C. 1214, however, agencies must seek approval 
from OSC to discipline employees for, among other activities, engaging 
in prohibited retaliation, 5 U.S.C. 1214(f). Nothing in the No FEAR Act 
alters existing laws or permits an agency to take unfounded 
disciplinary action against a federal employee or to

[[Page 13102]]

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 724, as well as the appropriate Board offices. 
Additional information regarding federal antidiscrimination laws can be 
found at the EEOC Web site, http://www.eeoc.gov, and the OSC Web site, 
http://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the No FEAR 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: February 21, 2013.
Claire McKenna,
Legal Counsel, Privacy and Civil Liberties Oversight Board.
[FR Doc. 2013-04467 Filed 2-25-13; 8:45 am]
BILLING CODE P