57100 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

treatment for mental or emotional 

problems).’’ While OPM Form 256 does 

not include the words ‘‘psychiatric 

disorder,’’ this term has come to be 

preferred and provides a fuller, more 

contemporary description. These three 

disability categories, which have been 

slightly modified, are not intended to be 

different from those EEOC previously 

has used. The minor changes are 

intended only to provide more clarity 

given the change in common usage 

since 1987—the year OPM Form 256 

was drafted. 

Due in part to the change in the 

definition of ‘‘Asian’’ over the past 

several years, EEOC believes it useful to 

include—in Question 4 of the proposed 

form—definitions for each race or 

national origin category. The proposed 

Demographic Information on Applicants 

form also will be revised to delete the 

‘‘n’’ from the term ‘‘Alaskan Native’’ in 

question 4 to read ‘‘1. American Indian 

or Alaska Native.’’ Finally, the phrase 

‘‘and you may self identify at any time’’ 

has been added to the section of the 

form that applies to self-identification of 

disability status. 

Overview of This Information 

Collection 

Type of Review: New collection. 

Collection Title: Demographic 

Information on Applicants form. 

Form No.: None. 

Frequency of Report: Occasional. 

Type of Respondent: Applicants for 

federal employment. 

Description of Affected Public: 

Individuals submitting applications for 

federal employment. 

Responses: 3,510,600. 

Reporting Hours: 175,530 (3 minutes 

per response). 

Costs to Respondents: None. 

Federal Cost: None. 

Abstract: EEOC enforces Title VII of 

the Civil Rights Act and the 

Rehabilitation Act, among other equal 

employment opportunity laws. Pursuant 

to its authority under those statutes, 

EEOC issued Equal Employment 

Opportunity Management Directive 715 

(MD–715) in 2003. MD–715 provides 

policy guidance and standards for 

establishing and maintaining effective 

affirmative programs of equal 

employment opportunity under Section 

717 of Title VII and effective affirmative 

action programs under Section 501 of 

the Rehabilitation Act. The overriding 

objective of MD–715 is to ensure that all 

employees and applicants for 

employment enjoy equality of 

opportunity in the federal workplace 

regardless of race, color, sex, age, 

national origin, religion, or disability. In 

order to ensure that agencies proactively 

prevent potential discrimination and 

establish systems to monitor compliance 

with Title VII and the Rehabilitation 

Act, MD–715 requires agencies to 

evaluate their employment practices by 

collecting and analyzing data on the 

race, national origin, sex, and disability 

status of applicants for both permanent 

and temporary employment. This notice 

concerns an optional form for use by 

federal agencies in gathering 

demographic information on applicants 

for federal employment. Use of the form 

is not required. Federal agencies may or 

may not elect to use the form. 

Applicants for federal employment may 

or may not elect to complete the form. 

Burden Statement: The estimated 

number of respondents is approximately 

3,510,600 applicants. The burden is 

estimated to be approximately three 

minutes per respondent. Because the 

form is voluntary, there is no way 

accurately to predict the number of 

applicants who will respond. 

Dated: September 11, 2008. 

For the Commission. 

Naomi C. Earp, 

Chair. 

[FR Doc. E8–23069 Filed 9–30–08; 8:45 am] 

BILLING CODE 6570–01–P 

FARM CREDIT SYSTEM INSURANCE 

CORPORATION 

Notification and Federal Employee 

Antidiscrimination and Retaliation Act 

of 2002 

AGENCY: Farm Credit System Insurance 

Corporation. 

ACTION: Notice. 

SUMMARY: The Farm Credit System 

Insurance Corporation (FCSIC or 

Corporation) is publishing its notice 

under the Notification and Federal 

Employee Antidiscrimination and 

Retaliation Act of 2002 (No FEAR Act) 

(Pub. L. 107–174), as required by the No 

FEAR Act and 5 CFR 724. Under the No 

FEAR Act, agencies are required to 

notify employees, former employees, 

and applicants of their rights and 

remedies under Federal 

antidiscrimination and whistleblower 

protection laws applicable to them. The 

Office of Personnel Management (OPM) 

has published implementing regulations 

at 5 CFR 724, which require notice and 

training, and include model language 

for agency notices. 

DATES: October 1, 2008 

FOR FURTHER INFORMATION CONTACT: B. 

Jeffrey McGiboney, Equal Employment 

Opportunity Director, Farm Credit 

System Insurance Corporation, McLean, 

Virginia 22102–5090, (703) 883–4353, 

TTY (703) 883–4056, or James M. 

Morris, General Counsel, Farm Credit 

System Insurance Corporation, McLean, 

Virginia 22102, (703) 883–4380, TTY 

(703) 883–4390. 

SUPPLEMENTARY INFORMATION: For the 

reasons noted above, FCSIC is 

publishing this No FEAR Act Notice 

(also available at the Agency’s Web site 

at (http://www.fcsic.gov). 

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.’’ 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 this Agency to 

provide this notice to Federal 

employees, former Federal employees 

and applicants for Federal employment 

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 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 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, 

before you can file a formal complaint 

of discrimination with your agency. See, 

e.g. 29 CFR 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 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57101 

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 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 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. 

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 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 

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. , EEO/ 

civil rights office, human resources 

office or legal office). 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). 

Dated: September 26, 2008. 

Roland E. Smith, 

Secretary, Farm Credit System Insurance 

Corporation Board. 

[FR Doc. E8–23085 Filed 9–30–08; 8:45 am] 

BILLING CODE 6710–01–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreement Filed 

The Commission hereby gives notice 

of the filing of the following agreement 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on agreements to the Secretary, Federal 

Maritime Commission, Washington, DC 

20573, within ten days of the date this 

notice appears in the Federal Register. 

Copies of agreements are available 

through the Commission’s Web site 

(http://www.fmc.gov) or contacting the 

Office of Agreements at (202) 523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 012051. 

Title: CMA CGM–APL Space Charter 

Agreement. 

Parties: CMA CGM, S.A.; American 

President Lines, Ltd.; and APL Co. Pte 

Ltd. 

Filing Party: Draughn B. Arbona, Esq., 

Associate Counsel, CMA CGM 

(America) Inc., 5701 Lake Wright Drive, 

Norfolk, VA 23502–1858. 

Synopsis: The agreement authorizes 

CMA to charter space to APL in the 

trade between U.S. East Coast ports and 

ports on the Mediterranean and Red 

Seas and on the Indian Subcontinent. 

By Order of the Federal Maritime 

Commission. 

Dated: September 26, 2008. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E8–23145 Filed 9–30–08; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License Applicants 

Notice is hereby given that the 

following applicants have filed with the 

Federal Maritime Commission an 

application for license as a Non-Vessel 

Operating Common Carrier and Ocean 

Freight Forwarder—Ocean 

Transportation Intermediary pursuant to 

section 19 of the Shipping Act of 1984 

as amended (46 U.S.C. Chapter 409 and 

46 CFR 515). 

Persons knowing of any reason why 

the following applicants should not 

receive a license are requested to 

contact the Office of Transportation 

Intermediaries, Federal Maritime 

Commission, Washington, DC 20573. 

Non-Vessel Operating Common Carrier 

Ocean Transportation Intermediary 

Applicants 

Pacific Freights International, 56–361 

Peawini Place, Kahuku, HI 96731. 

Officers: Epeli Katia, Managing 

Partner, (Qualifying Individual), 

Vilisoni Kotobalavu, CEO. 

Dart Express (LAX) LLC, 821 W. Arbor 

Vitae Street, Inglewood, CA 90301. 

Officers: John J. Hafferty, Vice 

President, Edward M. Piza, Vice 

President, (Qualifying Individual). 

ACS Logistics Inc., 5005 W. Royal Lane, 

Suite 198, Irving, TX 75063. Officer: 

George S. Jernigan, Asst. Secretary, 

(Qualifying Individual). 

Non-Vessel Operating Common Carrier 

and Ocean Freight Forwarder 

Transportation Intermediary Applicants 

Agiloc International, Inc., 400 Oyster 

Point Boulevard, So. San Francisco, 

CA 94080. Officers: Bugiharto 

Suheman, CEO, (Qualifying 

Individual), Jubily Boy, Secretary. 


jlentini on PROD1PC65 with NOTICES