Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 77937 

medical information electronically will 

no longer submit paper-based forms to 

the Department. It is the intention of the 

Department to discontinue the paper 

versions as this electronic submission 

option is made available to all panel 

physicians worldwide. 

At posts that continue in the short 

term to use the paper version of the 

medical forms, panel physicians will 

keep copies of the form at their offices. 

The completed forms are then submitted 

in hard copy to the consular officer for 

processing. 

Dated: November 29, 2010. 

David T. Donahue, 

Deputy Assistant Secretary, Bureau of 

Consular Affairs, Department of State. 

[FR Doc. 2010–31355 Filed 12–13–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[DOT–OST–2010–0290] 

2011 Notice of Rights and Protections 

Available Under the Federal 

Antidiscrimination and Whistleblower 

Protection Laws 

Monday, November 29, 2010. 

AGENCY: Office of the Secretary, DOT. 

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 their rights and 

protections available to them under the 

Federal Anti-discrimination and 

Whistleblower Protection Laws. 

FOR FURTHER INFORMATION CONTACT: 

Caffin Gordon, Associate Director of 

Policy, Education, and Quality Control 

Division, S–35, Departmental Office of 

Civil Rights, Office of the Secretary, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W78– 

312, Washington, DC 20590, 202–366– 

4648. You can also reach Caffin Gordon 

by e-mail at caffin.gordon@dot.gov, or 

else via TTY/TDD at (202) 366–8538. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may retrieve this document 

online 24 hours a day 365 days a year 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. Electronic 

retrieval instructions are available under 

the help section of the Web site. An 

electronic copy is also available for 

download from the Government 

Printing Office’s Electronic Bulletin 

Board at http://www.nara.gov/fedreg 

and the Government Printing Office’s 

web page at http://www.access.gpo.gov/ 

nara. 

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 Agency to 

provide notice to all its Federal 

employees, former Federal employees, 

and applicants for Federal employment. 

This notice is 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 because of 

race, color, religion, sex (including 

equal payment of wages and benefits, 

and pregnancy), national origin, age (40 

and over), disability, marital status, or 

political affiliation. Discrimination 

under these bases is strictly prohibited 

by the following statutes: 5 U.S.C. 

2302(b)(1) 29 U.S.C. 631, 29 U.S.C. 

633a, 29 U.S.C. 206(d), and 29 U.S.C. 

79142 U.S.C. 2000e–16. 

If you believe you have been the 

victim of unlawful discrimination on 

the bases of race, color, religion, sex 

(including equal payment of wages and 

benefits, and pregnancy), national 

origin, age (40 and over), and/or 

disability you must contact an Equal 

Employment Opportunity (EEO) 

counselor within 45 calendar days of 

the alleged discriminatory action. In the 

case of a personnel action, you must 

contact the counselor within 45 

calendar days of the effective date of the 

action to try and resolve the matter 

informally, before you can file a formal 

complaint of discrimination with your 

agency (See, e.g., 29 CFR part 1614). 

If you believe that you have been the 

victim of unlawful discrimination based 

on age, you must 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, an 

aggrieved individual may file a civil 

action in a United States District Court 

under the Age Discrimination in 

Employment Act (ADEA) against the 

head of an alleged discriminating 

agency after giving the Commission not 

less than 30 days notice of the intent to 

file such an action. File such notice in 

writing with the EEOC at P.O. Box 

77960, Washington, DC 20013, or 

deliver the notice by personal/courier 

delivery or by 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 can file a 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 your agency’s 

administrative or negotiated grievance 

procedures, if such procedures apply 

and are available (Contact Information: 

Form OSC–11 is available to be filled 

out online at the OSC Web site 

(http://www.osc.gov/index.htm, under 

the filing tab). Alternatively, download 

the form from the same filing tab, under 

the OSC Forms tab, fill it out, 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. 

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 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 in the conduct of 

foreign affairs. 

5 U.S.C. 2302(b)(8) prohibits 

retaliation against an employee or 


srobinson on DSKHWCL6B1PROD with NOTICES
77938 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices 

applicant for making a protected 

disclosure. If you believe you have been 

the victim of whistleblower retaliation, 

you have the right to file a written 

complaint with the U.S. Office of 

Special Counsel’s Complaints 

Examining Unit (OSC Form 11, 

Complaint of Prohibited Personnel 

Practice), at 1730 M Street NW., Suite 

218, Washington, DC 20036–4505. OSC 

Form 11 can be downloaded from the 

OSC Web site at http://www.osc.gov 

(from under the filing tab), or you may 

contact the Complaints Examining Unit 

(CEU) at 1–800–872–9855 or the 

Disclosure Unit (DU) Hotline at 1–800– 

572–2249 directly. 

In addition, you may also alert the 

OSC to possible wrongdoing in a 

Federal agency through a whistleblower 

disclosure form (OSC Form 12, 

Whistleblower Disclosure). An 

employee who believes he or she has 

suffered reprisal for whistleblowing may 

elect to file both OSC Form 11, to report 

reprisal, and OSC Form 12, to disclose 

the underlying wrongdoing. 

The OSC does not have authority to 

investigate the disclosures that it 

receives. The law provides that OSC (a) 

refer protected disclosures that establish 

a substantial likelihood of wrongdoing 

to the appropriate agency head, and (b) 

require the agency head to conduct an 

investigation, and submit a written 

report on the findings of the 

investigation to the Special Counsel. 

If OSC finds no substantial likelihood 

that the information discloses one or 

more of the categories of wrongdoing, 

the Special Counsel must: (a) Inform the 

whistleblower of the reasons why the 

disclosure may not be acted on further; 

and (b) direct the whistleblower to other 

offices available for receiving 

disclosures. 

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 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 who has 

engaged in 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, 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 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). Additional 

information regarding Federal 

antidiscrimination, whistleblower 

protection, and retaliation laws are 

located on the EEOC Web site at 

http://www.eeoc.gov and the OSC Web 

site at http://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). 

Issued in Washington, DC, on November 

29, 2010. 

Camille Hazeur, 

Director, Departmental Office of Civil Rights, 

United States Department of Transportation. 

[FR Doc. 2010–31311 Filed 12–13–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Release Certain 

Properties From Federal Obligations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The FAA hereby provides 

notice of intent to release certain airport 

properties 2.71 acres at the Orlando 

Executive Airport, Orlando, FL from the 

conditions, reservations, and 

restrictions as contained in a Quitclaim 

Deed agreement between the FAA and 

the City of Orlando, dated September 

30, 1955. The release of property will 

allow the Greater Orlando Aviation 

Authority to dispose of the property for 

other than aeronautical purposes. The 

property is located adjacent to Crystal 

Lake Drive in Orange County, Florida. 

The parcel is currently designated as 

non-aeronautical use. The property will 

be released of its federal obligations to 

swap the land for another City-owned 

parcel. The 1.71 acre parcels to be 

acquired is also located adjacent to 

Crystal Lake Drive in Orange County, 

Florida. This parcel is adjacent to 

airport property. The fair market value 

of the airport-obligated parcels has been 

determined by appraisal to be 1,843,400. 

The fair market value of the nonobligated parcels has been determined 

by appraisal to be 2,155,110. 

Documents reflecting the Sponsor’s 

request are available, by appointment 

only, for inspection at the offices of the 

Greater Orlando Aviation Authority at 

Orlando International Airport, and the 

FAA Airports District Office. 

SUPPLEMENTARY INFORMATION: Section 

125 of The Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century (AIR–21) requires the FAA to 

provide an opportunity for public notice 

and comment prior to the ‘‘waiver’’ or 

‘‘modification’’ of a sponsor’s Federal 

obligation to use certain airport land for 

non-aeronautical purposes. 

DATES: Comments are due on or before 

January 13, 2011. 

ADDRESSES: Documents are available for 

review at the the offices of the Greater 

Orlando Aviation Authority at Orlando 

International Airport, and the FAA 

Airports District Office, 5950 Hazeltine 

National Drive, Suite 400, Orlando, FL 

32822. Written comments on the 

Sponsor’s request must be delivered or 

mailed to: Rebecca R. Henry, Program 

Manager, Orlando Airports District 

Office, 5950 Hazeltine National Drive, 

Suite 400, Orlando, FL 32822–5024. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca R. Henry, Program Manager, 

Orlando Airports District Office, 5950 

Hazeltine National Drive, Suite 400, 

Orlando, FL 32822–5024. 

Issued in Orlando, Florida on December 2, 

2010. 

W. Dean Stringer, 

Manager, Orlando Airports District Office, 

Southern Region. 

[FR Doc. 2010–31179 Filed 12–13–10; 8:45 am] 

BILLING CODE 4910–13–P 


srobinson on DSKHWCL6B1PROD with NOTICES