Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 59843 

Briefing on Draft Final Rule—Part 52 

(Early Site permits/Standard Design 

Certification/Combined Licenses) 

(Public Meeting) (Contact: Dave 

Matthews, 301–415–1199). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Week of November 13, 2006—Tentative 

There are no meetings scheduled for 

the week of November 13, 2006. 

* The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Michelle Schroll, (301) 415–1662. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/what-we-do/ 

policy-making/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Deborah Chan, at 301–415–7041, TDD: 

301–415–2100, or by e-mail at 

DLC@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

This notice is distributed by mail to 

several hundred subscribers; if you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969). 

In addition, distribution of this meeting 

notice over the Internet system is 

available. If you are interested in 

receiving this Commission meeting 

schedule electronically, please send an 

electronic message to dkw@nrc.gov. 

Dated: October 5, 2006. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 06–8623 Filed 10–6–06; 10:00 am] 

BILLING CODE 7590–01–M 

OVERSEAS PRIVATE INVESTMENT 

CORPORATION 

No FEAR Act Notice 

On May 15, 2002, Congress enacted 

the ‘‘Notification and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002,’’ commonly 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 the Overseas 

Private Investment Corporation (OPIC) 

to provide this notice to OPIC 

employees, former OPIC employees and 

applicants for OPIC employment to 

inform you of the rights and protections 

available to you under Federal 

antidiscrimination, whistleblower 

protection and retaliation laws. 

Federal Antidiscrimination Laws 

OPIC 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. 663a, 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 OPIC 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 

personnel action, before you can file a 

formal complaint of discrimination with 

OPIC., 29 CFR 1614.105(a). 

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 file a civil action 

in a United States District Court within 

180 days of the alleged discriminatory 

action. 29 CFR 1614.201. The notice of 

intent to sue must be provided to the 

U.S. Equal Employment Opportunity 

Commission (EEOC) at least 30 days 

before actually filing the civil action. 

The notice must be sent to: Director, 

Office of Federal Operations, EEOC, 

P.O. Box 19848, Washington, DC 20036. 

Federal agencies also are prohibited 

from discriminating against employees 

because of their marital status or 

political affiliation, and employees who 

raise such allegations may file a written 

complaint with the U.S. Office of 

Special Counsel (OSC). This right does 

not extend to OPIC employees or 

applicants for OPIC employment 

because OPIC is a Federal corporation 

and is thus excluded by statute. 5 U.S.C. 

2302(a)(2)(C)(i). However, as an 

alternative, if you are alleging 

discrimination based on marital status 

or political affiliation, you may file a 

grievance through OPIC’s administrative 

or negotiated grievance procedures, to 

the extent such procedures apply and 

are available. 

Whistleblower Protection Laws 

An OPIC 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 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. 

Additionally, the statute protects any 

disclosure to the Special Counsel, or to 

the Inspector General of an agency or 

another employee designated by the 

head of the agency to receive such 

disclosures, of information which the 

employee or applicant reasonably 

believes evidences—(i) a violation of 

any law, rule, or regulation, or (ii) gross 

mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial 

and specific danger to public health or 

safety. 

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 

OPIC cannot retaliate against an 

employee or applicant because the 

individual exercises his or her rights 

under any of the Federal 

antidiscrimination or whistleblower 

protections laws listed above, except as 

otherwise noted with respect to marital 

status and political affiliation 

discrimination. If you believe that you 

are the victim of retaliation for engaging 

in protected activity, you must follow, 

as appropriate, the procedures described 


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59844 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

5The tiers are as follows: 

A.D.V. Up to 200,000 shares—$0.0025 per share. 

A.D.V. From 200,001 to 500,000 shares—$0.0020 

per share. 

A.D.V. From 500,001 to 2,000,000 shares—

$0.0015 per share. 

A.D.V. From 2,000,001 to 3,000,000 shares—

$0.0010 per share. 

A.D.V. Over 3,000,000 shares—$0.0010 per share 

(applied to all volume). 

Telephone conversation between Michou H.M. 

Nguyen, Special Counsel, Division of Market 

Regulation, Commission, and Samir Patel, Assistant 

General Counsel, Exchange, on September 27, 2006. 

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, OPIC retains 

the right, where appropriate, to 

discipline a Federal employee who has 

engaged in discriminatory or retaliatory 

conduct, up to and including removal. 

If the Office of Special Counsel has 

initiated an investigation under 5 U.S.C. 

1214 (‘‘Investigation of prohibited 

personnel practices; corrective action’’), 

however, according to 5 U.S.C. 1214(f), 

OPIC 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 regulations, refer to OPIC’s 

EEO Office, Human Resources 

Management or the Department of Legal 

Affairs. Additional information 

regarding Federal antidiscrimination, 

whistleblower protection and retaliation 

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 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). 

William L. Garrett, 

EEO Director. 

[FR Doc. 06–8588 Filed 10–10–06; 8:45 am] 

BILLING CODE 3210–01–M 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54561; File No. SR–ISE–

2006–54] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to ISE Stock 

Exchange Fees 

October 2, 2006. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 6, 2006, the International 

Securities Exchange, LLC (‘‘ISE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the Exchange. The ISE has 

designated this proposal as one 

changing a fee imposed by the ISE 

under Section 19(b)(3)(A)(ii) of the Act 3

and Rule 19b–4(f)(2) thereunder,4 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The ISE proposes to amend its 

Schedule of Fees to adopt fees related to 

the ISE Stock Exchange, LLC (‘‘ISE 

Stock’’). The text of the proposed rule 

change is available on the Exchange’s 

Web site at http://www.iseoptions.com, 

at the principal office of the Exchange, 

and at the Commission’s Public 

Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

ISE included statements concerning the 

purpose of and basis for the proposed 

rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. The ISE has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The ISE states that the purpose of the 

proposed rule change is to adopt fees 

related to the trading of equity securities 

on ISE Stock, a facility of the Exchange. 

The proposed fee schedule includes 

execution fees, access fees, and 

regulatory fees for trading of equity 

securities, as well as changes to existing 

language to clarify the application of 

certain fees that are specific to options 

trading only. With regard to the 

execution fees, the Exchange proposes 

to charge fees based on a member’s 

average daily shares executed, with the 

average daily volume (‘‘ADV’’) 

calculated on a monthly basis. This fee 

would be charged on a tiered basis (e.g., 

a member that executes 9,600,000 shares 

in a 20-day month would have an ADV 

of 480,000 shares and would be charged 

as follows: $0.0025 for the first 200,000 

shares ADV (4,000,000 shares) and 

$0.0020 for the remaining 280,000 

shares ADV (5,600,000 shares)). Further, 

a member that transacts more than 

3,000,000 shares on a daily basis would 

be charged a fee of $0.0010 per share for 

all of its monthly volume instead of 

being charged on a tiered basis.5

Additionally, in an effort to promote ISE 

Stock, the Exchange proposes to waive 

all execution fees until December 1, 

2006. 

With regard to access fees, the 

Exchange states that it currently charges 

an Electronic Access Member (‘‘EAM’’) 

that trades options an access fee of $500 

per month. Access fees for these EAMs 

will remain unchanged if they also trade 

equities on ISE Stock. For an EAM that 

trades equities only, the Exchange 

proposes a monthly access fee of $200. 

Finally, the Exchange states that it 

currently charges an EAM that trades 

options a regulatory fee of $5,000 per 

year. For EAMs that trade equities only, 

the Exchange proposes an annual 

regulatory fee of $5,000. For EAMs that 

trade both equities and options, the 


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