Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices 58293 

copy of this document may be 

downloaded by using a computer, 

modem and suitable communications 

software from the Government Printing 

Office’s Electronic Bulletin Board home 

page 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,’’ Public Law 107–174, 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.’’ In 

support of this purpose, Congress found 

that ‘‘agencies cannot be run effectively 

if those agencies practice or tolerate 

discrimination.’’ 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, 

whistleblower protection and retaliation 

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 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 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 

protections 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 who has 

engaged in discriminatory or retaliatory 

conduct, 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 

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). 

Issued in Washington, DC on September 

29, 2008. 

J. Michael Trujillo, 

Director, Departmental Office of Civil Rights, 

United States Department of Transportation. 

[FR Doc. E8–23592 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Land at Nenana 

Airport, Nenana, AK 

AGENCY: Federal Aviation 

Administration, Department of 

Transportation. 

ACTION: Notice of Request to Release 

Airport Land. 

SUMMARY: The Federal Aviation 

Administration (FAA) proposes to rule 

and invites public comment on the 

release of approximately 15.61 acres of 

airport property at Nenana Airport, 

Nenana, Alaska, from all restrictions of 

the surplus property agreement since 

the parcel of land is not needed for 

airport purposes. Reuse of the land for 

Alaska Rail Road track straightening 

represents a compatible land use. Sale 

of the property to the Alaska Rail Road 

at the appraised fair market value will 


jlentini on PROD1PC65 with NOTICES
58294 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices 

be used to pay legal fees incurred during 

recent airport improvements. The 

property is not needed for airport 

purposes and reinvestment of the sale 

proceeds will benefit the airport and the 

interests of civil aviation. 

DATES: November 5, 2008. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Federal Aviation 

Administration, Airports Division, 

Federal Register Comment, 222 West 

7th Avenue #14, Anchorage, AK 99513. 

In addition, one copy of the comment 

submitted to the FAA must be mailed or 

delivered to Mr. Jason P. Maynard, 

Mayor/Administrator, Nenana Port 

Authority, City of Nenana, P.O. Box 70 

Nenana, Alaska 99760. 

FOR FURTHER INFORMATION CONTACT: 

Stephen W. Powell, Airports 

Compliance Officer, Federal Aviation 

Administration, Airports Division, 222 

West 7th Avenue #14, Anchorage, AK 

99513, telephone (907) 271–5448 and 

FAX (907) 271–2851. For airportspecific information regarding the 

release, contact Mr. Jason P. Maynard, 

Mayor/Administrator, at the above 

address or telephone (907) 832–5501. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (AIR 21), Public Law 

10–181 (Apr. 5, 2000; 114 Stat. 61), this 

notice must be published in the Federal 

Register 30 days before the Secretary 

may waive any condition imposed on a 

federally obligated airport by surplus 

property conveyance deeds. 

The following is a brief overview of 

the request: 

The City of Nenana, Alaska requested 

a release from surplus property 

agreement obligations, described in a 

Quit Claim Deed executed by the 

General Services Administration (GSA), 

recorded in Book Volume III Page 210 

Nenana Recording District for 

approximately 15.61 acres of airport 

land. The property is only a portion of 

the Surplus Property granted and 

located on the North boundary of the 

airport. The land is presently unused, 

unimproved, and does not generate any 

income. Due to its location, the property 

cannot be used for airport purposes nor 

has it generated revenue for the airport. 

The release will allow the land to be 

sold to the Alaska Rail Road 

Corporation, Alaska to realign a section 

of railroad track that passes through the 

community of Nenana, Alaska. The 

property will be sold at the appraised 

market value and the sale proceeds will 

be used to pay off legal fees incurred in 

the latest airport improvement and 

development project. Reuse of the 

property to straighten tracks will be 

compatible with the airport and the 

reuse of the sale proceeds will benefit 

the airport, thereby serving the interests 

of civil aviation. 

Issued in Anchorage, Alaska, on September 

3, 2008. 

James W. Lomen, 

Deputy Division Manager, Airports Division, 

Alaska Region. 

[FR Doc. E8–23563 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for certain steel products 

used in Federal-aid construction 

projects in Maine, California, and 

Oregon. 

DATES: The effective date of the waiver 

is October 7, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, gerald.yakowenko@dot.gov. 

For legal questions, please contact Mr. 

Michael Harkins, FHWA Office of the 

Chief Counsel, (202) 366–4928, 

michael.harkins@dot.gov. Office hours 

for the FHWA are from 7:45 a.m. to 4:15 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/Nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when application 

of the requirements would be 

inconsistent with the public interest or 

when satisfactory quality domestic steel 

and iron products are not sufficiently 

available. This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for three specific cases. 

In accordance with section 130 of 

Division K of the ‘‘Consolidated 

Appropriations Act, 2008’’ (Pub. L. 110– 

161), on July 24, 2008, the FHWA 

published on its Web site a notice of 

intent to issue a waiver for a Casing 

shoe for dual rotary drill rig in Maine 

(http://www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=16) and for 

Self-drill and Grout Dowels and SelfDrill Grout spiles in California (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=15). In 

addition, on July 31, 2008, the FHWA 

published a notice of intent on its Web 

site to issue a waiver (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=17) for 1’’ 

Hollow Core Anchors for a Federal-aid 

railroad project in Oregon. No 

comments were received in response to 

either of these notices. During the 15- 

day comment period, the FHWA 

conducted a nationwide review to locate 

potential domestic manufacturers. 

Based on all the information available to 

the Agency, including the lack of 

response received to the notices as well 

as the Agency’s nationwide review, the 

FHWA concludes that there are no 

domestic manufacturers for these 

products and a Buy America waiver is 

appropriate as provided by 23 CFR 

635.410(c)(1). 

In accordance with the provisions of 

section 117 of the ‘‘SAFETEA–LU 

Technical Corrections Act of 2008’’ 

(Pub. L. 110–244, 122 Stat. 1572), the 

FHWA is providing this notice as its 

finding that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the links above to the Maine, 

California and Oregon waiver pages 

noted above. 

(Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410) 

Issued on: September 29, 2008. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E8–23571 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–22–P 


jlentini on PROD1PC65 with NOTICES