81 FR 71183 - Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 81, Issue 199 (October 14, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 71183-71185 | |
| FR Document | 2016-24863 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Notices] [Pages 71183-71185] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24863] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2016-0194] Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws AGENCY: Office of the Secretary, Department of Transportation. ACTION: No FEAR Act Notice. ----------------------------------------------------------------------- SUMMARY: This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act of 2002). It is the annual obligation for Federal agencies to notify all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Anti-discrimination and Whistleblower Protection Laws. FOR FURTHER INFORMATION CONTACT: Yvette Rivera, Associate Director of Equal Employment Opportunity Programs Division (S-32), Departmental Office of Civil Rights, Office of the [[Page 71184]] Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W78-306, Washington, DC 20590, 202-366-5131 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Electronic Access You may retrieve this document online through the Federal Document Management System at http://www.regulations.gov. Electronic retrieval instructions are available under the help section of the Web site. No FEAR Act Notice On May 15, 2002, Congress enacted the ``Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,'' now recognized as the No FEAR Act (Pub. L. 107-174). One purpose of the Act is to ``require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.'' (Pub. L. 107- 174, Summary). In support of this purpose, Congress found that ``agencies cannot be run effectively if those agencies practice or tolerate discrimination'' (Pub. L. 107-174, Title I, General Provisions, section 101(1)). The Act also requires the United States Department of Transportation (USDOT) to provide this Notice to all USDOT employees, former USDOT employees, and applicants for USDOT employment. This Notice informs such individuals of the rights and protections available 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 because of race, color, religion, sex, national origin, age, disability, marital status, genetic information, or political affiliation. One or more of the following statutes prohibit discrimination on these bases: 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42 U.S.C. 2000e-16 and 2000ff. If you believe you were a victim of unlawful discrimination on the bases of race, color, religion, sex, national origin, age, genetic information, and/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 to try and resolve the matter informally. This must be done before filing a formal complaint of discrimination with USDOT (See, e.g., 29 CFR part 1614). If you believe you were a victim of unlawful discrimination based on 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. As an alternative to filing a complaint pursuant to 29 CFR part 1614, you can file a civil action in a United States district court under the Age Discrimination in Employment Act, against the head of an alleged discriminating agency after giving the EEOC not less than a 30 day notice of the intent to file such action. You may file such notice in writing with the EEOC via mail at P.O. Box 77960, Washington, DC 20013, personal delivery, or facsimile within 180 days of the occurrence of the alleged unlawful practice. If you are alleging discrimination based on marital status or political affiliation, you may file a written discrimination complaint with the U.S. Office of Special Counsel (OSC). Form OSC-11 is available online at the OSC Web site http://www.osc.gov, under the tab to file a complaint. Additionally, you can download the form from http://www.osc.gov/Pages/Resources-OSCForms.aspx. Complete Form OSC-11 and mail it to the Complaints Examining Unit, U.S. Office of Special Counsel at 1730 M Street NW., Suite 218 Washington, DC 20036-4505. You also have the option to call the Complaints Examining Unit at (800) 872-9855 for additional assistance. In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the USDOT administrative or negotiated grievance procedures, if such procedures apply and are available. If you are alleging compensation discrimination pursuant to the Equal Pay Act, and wish to pursue your allegations through the administrative process, you must contact an EEO counselor within 45 calendar days of the alleged discriminatory action as such complaints are processed under EEOC's regulations at 29 CFR part 1614. Alternatively, you may file a civil action in a court of competent jurisdiction within two years, or if the violation is willful, three years of the date of the alleged violation, regardless of whether you pursued any administrative complaint processing. The filing of a complaint or appeal pursuant to 29 CFR part 1614 shall not toll the time for filing a civil action. Whistleblower Protection Laws A USDOT 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 a 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 the 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 a USDOT employee or applicant for making a protected disclosure is prohibited (5 U.S.C. 2302(b)(8)). If you believe you are a victim of whistleblower retaliation, you may file a written complaint with the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 using Form OSC-11. Alternatively, you may file online through the OSC Web site at http://www.osc.gov. Disciplinary Actions Under existing laws, USDOT retains the right, where appropriate, to discipline a USDOT employee who engages in conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection laws up to and including removal from Federal service. If OSC initiates an investigation under 5 U.S.C. 1214, USDOT must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation (5 U.S.C. 1214). Nothing in the No FEAR Act alters existing laws, or permits an agency to take unfounded disciplinary action against a USDOT employee, or to violate the procedural rights of a USDOT employee accused of discrimination. Additional Information For more information regarding the No FEAR Act regulations, refer to 5 CFR part 724, as well as the appropriate office(s) within your agency (e.g., EEO/civil rights offices, human resources offices, or legal offices). You can find additional information regarding Federal antidiscrimination, whistleblower protection, and retaliation laws at the EEOC Web site at http://www.eeoc.gov and the OSC Web site at http://www.osc.gov. [[Page 71185]] 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). Issued in Washington, DC, on October 5, 2016. Leslie M. Proll, Director, Departmental Office of Civil Rights, U.S. Department of Transportation. [FR Doc. 2016-24863 Filed 10-13-16; 8:45 am] BILLING CODE 4910-9X-P
![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71183
received will be posted without change for importation. The agency then The petitioner also contends that the
to https://www.regulations.gov, publishes this decision in the Federal subject non-U.S certified vehicles are
including any personal information Register. capable of being readily altered to meet
provided. Please see the Privacy Act Wallace Environmental Testing the following standards, in the manner
heading below. Laboratories (WETL), Inc. of Houston, indicated:
Privacy Act: Anyone is able to search Texas (Registered Importer R–90–005) Standard No. 101 Controls and
the electronic form of all comments has petitioned NHTSA to decide Displays: Addition of the brake warning
received into any of our dockets by the whether nonconforming 2008 Chevrolet indicator to fully comply with the
name of the individual submitting the Silverado trucks are eligible for standard.
comment (or signing the comment, if importation into the United States. The Standard No. 110 Tire Selection and
submitted on behalf of an association, vehicles which WETL believes are Rims: Installation of the required tire
business, labor union, etc.). You may substantially similar are MY 2008 information placard.
review DOT’s complete Privacy Act Chevrolet Silverado trucks sold in the The petitioner additionally states that
Statement in the Federal Register United States and certified by their a vehicle identification plate must be
published on April 11, 2000 (65 FR manufacturer as conforming to all affixed to the vehicle near the left
19477–78). applicable FMVSS. windshield pillar to meet the
How to Read Comments Submitted to The petitioner claims that it compared requirements of 49 CFR part 565.
the Docket: You may read the comments non-U.S. certified MY 2008 Chevrolet All comments received before the
received by Docket Management at the Silverado trucks to their U.S.-certified close of business on the closing date
address and times given above. You may counterparts, and found the vehicles to indicated above will be considered, and
also view the documents from the be substantially similar with respect to will be available for examination in the
Internet at https://www.regulations.gov. compliance with most FMVSS. docket at the above addresses both
Follow the online instructions for WETL submitted information with its before and after that date. To the extent
accessing the dockets. The docket ID petition intended to demonstrate that possible, comments filed after the
number and title of this notice are non-U.S. certified MY 2008 Chevrolet closing date will also be considered.
shown at the heading of this document Silverado trucks, as originally Notice of final action on the petition
notice. Please note that even after the manufactured, conform with many will be published in the Federal
comment closing date, we will continue applicable FMVSS in the same manner Register pursuant to the authority
to file relevant information in the as their U.S.-certified counterparts, or indicated below.
Docket as it becomes available. Further, are capable of being readily altered to Authority: 49 U.S.C. 30141(a)(1)(A),
some people may submit late comments. conform to those standards. (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
Accordingly, we recommend that you Specifically, the petitioner claims that of authority at 49 CFR 1.95 and 501.8.
periodically search the Docket for new the non U.S.-certified MY 2008 Jeffrey M. Giuseppe,
material. Chevrolet Silverado trucks, as originally Director, Office of Vehicle Safety Compliance.
FOR FURTHER INFORMATION CONTACT: manufactured, conform to: Standard [FR Doc. 2016–24855 Filed 10–13–16; 8:45 am]
George Stevens, Office of Vehicle Safety Nos. 102 Transmission Shift Lever
BILLING CODE 4910–59–P
Compliance, NHTSA (202–366–5308). Sequence, Starter Interlock, and
SUPPLEMENTARY INFORMATION: Transmission Braking Effect, 103
Windshield Defrosting and Defogging DEPARTMENT OF TRANSPORTATION
Background Systems, 104 Windshield Wiping and
Under 49 U.S.C. 30141(a)(1)(A), a Washing Systems, 106 Brake Hoses, 108 Office of the Secretary
motor vehicle that was not originally Lamps, reflective devices, and
manufactured to conform to all associated equipment, 111 Rear [Docket No. DOT–OST–2016–0194]
applicable FMVSS shall be refused visibility, 113 Hood Latch System, 114 Notice of Rights and Protections
admission into the United States unless Theft Protection, 116 Motor Vehicle Available Under the Federal
NHTSA has decided that the motor Brake Fluids, 118 Power-Operated Antidiscrimination and Whistleblower
vehicle is substantially similar to a Window, Partition, and Roof Panel Protection Laws
motor vehicle originally manufactured System, 124 Accelerator Control
for importation into and sale in the Systems, 126 Electronic Stability AGENCY: Office of the Secretary,
United States, certified under 49 U.S.C. Control Systems, 135 Light vehicle brake Department of Transportation.
30115, and of the same model year as systems, 138 Tire Pressure Monitoring ACTION: No FEAR Act Notice.
the model of the motor vehicle to be Systems, 201 Occupant Protection in
compared, and is capable of being Interior Impact, 202a Head Restraints, SUMMARY: This Notice implements Title
readily altered to conform to all 203 Impact Protection for the Driver II of the Notification and Federal
applicable FMVSS. from the Steering Control System, 204 Employee Antidiscrimination and
Petitions for eligibility decisions may Steering Control Rearward Retaliation Act of 2002 (No FEAR Act of
be submitted by either manufacturers or Displacement, 205 Glazing Materials, 2002). It is the annual obligation for
importers who have registered with 206 Door Locks and Door Retention Federal agencies to notify all employees,
NHTSA pursuant to 49 CFR part 592. As Components, 207 Seating Systems, 208 former employees, and applicants for
specified in 49 CFR 593.7, NHTSA Occupant Crash Protection, 210 Seat Federal employment of the rights and
publishes notice in the Federal Register Belt Assembly Anchorages, 212 protections available to them under the
rmajette on DSK2TPTVN1PROD with NOTICES
of each petition that it receives, and Windshield Mounting, 213 Child Federal Anti-discrimination and
affords interested persons an Restraint Systems, 214 Side Impact Whistleblower Protection Laws.
opportunity to comment on the petition. Protection, 216 Roof Crush Resistance, FOR FURTHER INFORMATION CONTACT:
At the close of the comment period, 219 Windshield Zone Intrusion, 225 Yvette Rivera, Associate Director of
NHTSA decides, on the basis of the Child Restraint Anchorage Systems, 301 Equal Employment Opportunity
petition and any comments that it has Fuel System Integrity, and 302 Programs Division (S–32), Departmental
received, whether the vehicle is eligible Flammability of Interior Materials. Office of Civil Rights, Office of the
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![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71185
Existing Rights Unchanged DATES: Unless otherwise stated in this bottlenecks, within the State, and for
Pursuant to section 205 of the No Notice, this guidance is effective those facilities that are State owned or
FEAR Act, neither the Act nor this October 14, 2016. operated, a description of the strategies
notice creates, expands, or reduces any FOR FURTHER INFORMATION CONTACT: the State is employing to address those
rights otherwise available to any Ryan Endorf, 1200 New Jersey Avenue freight mobility issues;
employee, former employee, or SE., Washington, DC 20590. Telephone 8. Consideration of any significant
applicant under the laws of the United Number (202) 366–4835 or Email congestion or delay caused by freight
States, including the provisions of law ryan.endorf@dot.gov. Questions can also movements and any strategies to
specified in 5 U.S.C. 2302(d). be submitted to Freight@dot.gov. mitigate that congestion or delay;
SUPPLEMENTARY INFORMATION: The 9. A freight investment plan that,
Issued in Washington, DC, on October 5, subject to 49 U.S.C. 70202(c), includes
2016.
purpose of this Guidance on State
Freight Plans and State Freight Advisory a list of priority projects and describes
Leslie M. Proll, how funds made available to carry out
Committees is to provide States with
Director, Departmental Office of Civil Rights, information on the statutorily required 23 U.S.C. 167 would be invested and
U.S. Department of Transportation. matched; and
elements of State Freight Plans under 49
[FR Doc. 2016–24863 Filed 10–13–16; 8:45 am] U.S.C. 70202 and recommend 10. Consultation with the State
BILLING CODE 4910–9X–P approaches and information that States Freight Advisory Committee, if
may include in their State Freight Plans. applicable.
This guidance also strongly encourages Each of these required elements is
DEPARTMENT OF TRANSPORTATION States to establish State Freight discussed more fully in Section V of the
Advisory Committees and provides guidance below. In addition, DOT
Office of the Secretary suggests a number of optional items that
suggestions as to how those Committees
[Docket No. DOT–OST–2012–0168] can help the State with its freight States may consider including in their
planning. State Freight Plans. These optional
RIN 2105–ZA02 49 U.S.C. 70202 lists ten required elements are discussed more fully in
elements that all State Freight Plans Section VI below.
Guidance on State Freight Plans and must address for each of the MAP–21 included two provisions that
State Freight Advisory Committees transportation modes: required the Secretary to encourage
AGENCIES: Office of the Secretary of 1. An identification of significant States to establish State Freight Plans
Transportation (OST), Federal Aviation freight system trends, needs, and issues and State Freight Advisory Committees.
Administration (FAA), Federal Highway with respect to the State; The FAST Act moved these provisions
2. A description of the freight from title 23 to title 49 (Multimodal
Administration (FHWA), Federal Motor
policies, strategies, and performance Freight Transportation) and required
Carrier Safety Administration (FMCSA),
measures that will guide the freight- that States complete a State Freight Plan
Federal Railroad Administration (FRA),
related transportation investment in order to obligate freight formula
Maritime Administration (MARAD),
decisions of the State; funds under 23 U.S.C. 167. State Freight
Pipeline and Hazardous Materials Safety 3. When applicable, a listing of—
Administration (PHMSA), Saint Plans and State Freight Advisory
a. multimodal critical rural freight Committees are complementary to other
Lawrence Seaway Development facilities and corridors designated
Corporation (SLSDC); U.S. Department FAST Act freight provisions, such as the
within the State under section 70103 of development of the National Freight
of Transportation (DOT). title 49 (National Multimodal Freight Strategic Plan and the release of a Final
ACTION: Notice of guidance; response to Network); National Multimodal Freight Network
comments. b. critical rural and urban freight (NMFN; DOT released an Interim NMFN
corridors designated within the State on May 27, 2016 per the statutory
SUMMARY: The FAST Act included a under section 167 of title 23 (National
provision that requires each State that requirement).
Highway Freight Program); Following the enactment of MAP–21
receives funding under the National 4. A description of how the plan will
Highway Freight Program to develop a on July 6, 2012, DOT released Interim
improve the ability of the State to meet Guidance on State Freight Plans and
State Freight Plan that provides a the national multimodal freight policy
comprehensive plan for the immediate State Freight Advisory Committees for
goals described in section 70101(b) of public comment (77 FR 62596, October
and long-range planning activities and title 49, United States Code and the
investments of the State with respect to 15, 2012). DOT received 54 comments
national highway freight program goals from State Departments of
freight and meets all the required plan described in section 167 of title 23;
contents listed in the Act. This guidance Transportation, local governments,
5. A description of how innovative
provides the minimum required industry groups, ports, and private
technologies and operational strategies,
elements that State Freight Plans must individuals pertaining to various
including freight intelligent
meet, provides a template that reflects aspects of the Interim Guidance. In this
transportation systems, that improve the
those statutory requirements, and section, DOT responds to these
safety and efficiency of the freight
suggests recommended, but optional comments and describes their relevance
movement, were considered;
elements, that States may include in to the new provisions in 49 U.S.C.
6. In the case of roadways on which
their State Freight Plans. It also provides 70201 and 70202, established under
travel by heavy vehicles (including
suggestions for establishing State section 8001 of the FAST Act.
mining, agricultural, energy cargo or
rmajette on DSK2TPTVN1PROD with NOTICES
Freight Advisory Committees that will equipment, and timber vehicles) is Response to Comments
benefit State freight planning. This projected to substantially deteriorate the
notice also responds to comments Scope of Guidance
condition of the roadways, a description
submitted in response to interim of improvements that may be required An important issue for some of the
guidance on State Freight Plans and to reduce or impede the deterioration; commenters was that it appeared to
State Freight Advisory Committees 7. An inventory of facilities with create an unnecessary burden for States
published by DOT on October 15, 2012. freight mobility issues, such as by suggesting that a State include in its
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Document Created: 2016-10-14 00:00:50
Document Modified: 2016-10-14 00:00:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | No FEAR Act Notice. | |
| Contact | Yvette Rivera, Associate Director of Equal Employment Opportunity Programs Division (S-32), Departmental Office of Civil Rights, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W78-306, Washington, DC 20590, 202-366-5131 or by email at [email protected] | |
| FR Citation | 81 FR 71183 |
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