60 Day FR Notice

60-day FRN - 0236 (10-28-10).pdf

Regulations Containing Procedures for Handling of Retaliation Complaints

60 Day FR Notice

OMB: 1218-0236

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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
53. The Fiero Site (Powerhouse) Site
in Michigan;
54. The Flint Flow-through
Warehouse Site in Michigan;
55. The GMPT—Flint North #5/#10/
#81 Site in Michigan;
56. The GMVM—Pontiac Assembly
Site in Michigan;
57. The Midsize & Luxury Car Clark
Street Site in Michigan;
58. The Delta Engine Plant Site in
Michigan;
59. The 1831 Grondinwood
(residence) Site in Michigan;
60. The 1394 Oak Hollow (residence)
Site in Michigan;
61. The Pontiac Centerpoint
Campus—Central Site in Michigan;
62. The Pontiac Centerpoint
Campus—East Site in Michigan;
63. The Centerpoint Land (no Etkin
ground lease) Site in Michigan;
64. The Centerpoint Land (Etkin
ground lease) Site in Michigan;
65. The 652 Meadow Drive Site in
Michigan;
66. The 642 Meadow Drive Site in
Michigan;
67. The 631 Meadow Drive Site in
Michigan;
68. The 607 Meadow Drive Site in
Michigan;
69. The Willow Run Engineering
Center Site in Michigan;
70. The PCC Validation Southern
Parking Lot Site in Michigan;
71. The Former Leed’s Assembly
Plant—Northern Parcel Site in
Michigan;
72. The Former Leed’s Assembly
Plant—Southern Parcel Site in
Michigan;
73. The Hyatt Clark Industries Site in
Michigan;
74. The Delphi Interior & Lighting
Systems—Trenton Site in Michigan;
75. The General Motors (Central
Foundry Division) Superfund Site, a/k/
a the Massena Site, in New York;
76. The GM–IFG Syracuse Site in New
York;
77. The Ley Creek PCB Dredging Site
in New York;
78. The Tonawanda Engine Landfill
Site in New York;
79. The Delphi Harrison—Moraine
Site in Ohio;
80. The Delphi Interior—Elyria Site in
Ohio;
81. The Stamping—Mansfield Site in
Ohio;
82. The GMPT—Toledo 103C Landfill
Site in Ohio;
83. The GMPT—Parma Complex Site
in Ohio;
84. The Lordstown Excess Land Site
in Ohio;
85. The Moraine Lagoon Site in Ohio;
86. The Moraine Assembly Site in
Ohio;

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87. The Metal Fab—Pittsburgh Site in
Pennsylvania;
88. The GMPT—Fredericksburg Site
in Virginia; and
89. The Janesville Training Center
Site in Wisconsin.
Under the Settlement Agreement, Old
GM will make a cash payment of
$499,434,945 to an Environmental
Response Trust established pursuant to
an Environmental Response Trust
Agreement to clean up these 89 sites.
Old GM will also make an additional
payment of $142,000,000 and transfer
certain personalty and title to 88 real
properties owned by Old GM to the
environmental response trust to fund
administrative expenses.
The Department of Justice will
receive, for a period of thirty days from
the date of this publication, comments
relating to the Consent Decree and
Settlement Agreement. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and either
emailed to [email protected] or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to In re Motors Liquidation
Corp., et al., D.J. Ref. 90–11–3–09754.
Commenters may request an
opportunity for a public meeting in the
affected area, in accordance with
Section 7003(d) of RCRA, 42 U.S.C.
6973(d).
The Consent Decree and Settlement
Agreement and the Environmental
Response Trust Agreement may be
examined at the Office of the United
States Attorney, 86 Chambers Street, 3rd
Floor, New York, New York 10007, and
at the U.S. Environmental Protection
Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. During the
public comment period, the Settlement
Agreement and the Custodial Trust
Agreement may also be examined on the
following Department of Justice Web
site, http://www.usdoj.gov/enrd/
Consent_Decrees.html. Copies of the
Consent Decree and Settlement
Agreement and the Environmental
Response Trust Agreement may also be
obtained by mail from the Consent
Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or e-mailing a
request to Tonia Fleetwood
([email protected]), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please enclose a check in the amount of
$42.75 (with exhibits) or $22.75
(without exhibits) (25 cents per page
reproduction cost) payable to the U.S.

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Treasury or, if by e-mail or fax, please
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010–27265 Filed 10–27–10; 8:45 am]
BILLING CODE 4410–15–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0049]

Regulations Containing Procedures for
Handling of Retaliation Complaints;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits comments
concerning its proposal to extend OMB
approval of the information collection
requirements for handling of retaliation
complaints filed under various
whistleblower protection statutes
contained in regulations at: 29 CFR part
24, Procedures for the Handling of
Retaliation Complaints under Federal
Employee Protection Statutes; 29 CFR
part 1977, Discrimination Against
Employees Exercising Rights under the
Williams-Steiger Occupational Safety
and Health Act; 29 CFR part 1978,
Procedures for the Handling of
Retaliation Complaints under the
Employee Protection Provision of the
Surface Transportation Assistance Act
of 1982; 29 CFR part 1979, Procedures
for Handling Discrimination Complaints
Under Section 519 of the Wendell H.
Ford Aviation Investment and Reform
Act for the 21st Century; 29 CFR part
1980, Procedures for Handling of
Discrimination Complaints Under
Section 806 of the Corporate and
Criminal Fraud Accountability Act of
2002, Title VIII of the Sarbanes-Oxley
Act 2002; 29 CFR part 1981, Procedures
for the Handling of Discrimination
Complaints under Section 6 of the
Pipeline Safety and Improvement Act of
2002; 29 CFR part 1982, Procedures for
the Handling of Retaliation Complaints
Under the National Transit Systems
Security Act of 2007, Enacted as Section
1413 of the Implementing
Recommendations of the 9/11
Commission Act of 2007, and the

SUMMARY:

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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices

Federal Railroad Safety Act, as
Amended by Section 1521 of the
Implementing Recommendations of the
9/11 Commission Act of 2007; and 29
CFR part 1983, Procedures for the
Handling of Retaliation Complaints
Under Section 219 of the Consumer
Product Safety Improvement Act of
2008. These regulations set forth
procedures employees must use to file
a complaint with OSHA alleging that
their employer violated a whistleblower
protection provision contained in
certain statutes that prohibit retaliatory
action by employers against employees
who engage in activities protected by
the statutes.
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 27, 2010.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail, and
messenger or courier service: You must
submit your comments and attachments
to the OSHA Docket Office, OSHA
Docket No. OSHA–2010–0049, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail, and
messenger or courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2010–
0049). All comments, including any
personal information you provide, are
placed in the public docket without
change, and will be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public Participation’’
heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted

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material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may obtain a copy of the ICR by
contacting Theda Kenney or Todd
Owen, Directorate of Standards and
Guidance, OSHA, U.S. Department of
Labor, Room N–3609, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–2222.
FOR FURTHER INFORMATION CONTACT:
Nilgun Tolek, Office of the
Whistleblower Protection Program,
Directorate of Enforcement Programs,
OSHA, U.S. Department of Labor, Room
N–3610, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202)
693–2199.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (e.g., an employee filing
a retaliation complaint) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate.
The Agency is responsible for
investigating alleged violations of
‘‘whistleblower’’ provisions contained in
a number of statutes. These
whistleblower provisions prohibit
retaliation by employers against
employees who report alleged violations
of certain laws or regulations.
Accordingly, these provisions prohibit
an employer from discharging or taking
any other retaliatory action against an
employee because the employee engages
in any of the protected activities
specified by the whistleblower
provisions of the statutes.
These statutes are covered under the
following regulations: 29 CFR part 24,
Procedures for the Handling of
Retaliation Complaints under Federal
Employee Protection Statutes (29 CFR
part 24 covers: Safe Water Drinking Act,
42 U.S.C. 300j–9(i); Federal Water
Pollution Control Act, 33 U.S.C. 1367;
Toxic Substances Control Act, 15 U.S.C.
2622; Solid Waste Disposal Act, 42
U.S.C. 6971; Clean Air Act, 42 U.S.C.
7622; Energy Reorganization Act of
1974, 42 U.S.C. 5851; and the

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Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9610); 29 CFR part 1977,
Discrimination Against Employees
Exercising Rights under the WilliamsSteiger Occupational Safety and Health
Act (29 CFR part 1977 covers: the
Occupational Safety and Health Act, 29
U.S.C. 660; the Asbestos Hazard
Emergency Response Act, 15 U.S.C.
2651; and the International Safe
Container Act, 46 U.S.C. 80507); 29 CFR
part 1978, Procedures for the Handling
of Retaliation Complaints under the
Employee Protection Provision of the
Surface Transportation Assistance Act
of 1982; 29 CFR part 1979, Procedures
for Handling Discrimination Complaints
Under the Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century; 29 CFR part 1980, Procedures
for Handling of Discrimination
Complaints Under Section 806 of the
Corporate and Criminal Fraud
Accountability Act of 2002, Title VIII of
the Sarbanes-Oxley Act of 2002; 29 CFR
part 1981, Procedures for the Handling
of Discrimination Complaints under
Section 6 of the Pipeline Safety and
Improvement Act of 2002; 29 CFR part
1982, Procedures for the Handling of
Retaliation Complaints Under the
National Transit Systems Security Act
of 2007, Enacted as Section 1413 of the
Implementing Recommendations of the
9/11 Commission Act of 2007, and the
Federal Railroad Safety Act, as
Amended by Section 1521 of the
Implementing Recommendations of the
9/11 Commission Act of 2007; and 29
CFR part 1983, Procedures for the
Handling of Retaliation Complaints
Under Section 219 of the Consumer
Product Safety Improvement Act of
2008. Information collection
requirements contained in future
regulations promulgated by the Agency
with respect to a whistleblower
provision of any other Federal law,
except those that are assigned to another
DOL agency, will be added to this
information collection.
These regulations specify the
procedures that an employee must use
to file a complaint with OSHA alleging
that their employer violated a
whistleblower provision for which the
Agency has investigative responsibility.
Any employee who believes that such a
violation occurred may file a complaint,
or have the complaint filed on their
behalf. Four of these regulations, 29 CFR
parts 24, 1979, 1980 and 1981, require
that complaints must be filed in writing,
and should include a full statement of
the acts and omissions, with pertinent
dates, that are believed to constitute the
violation. The other regulations, 29 CFR

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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
parts 1977, 1978, 1982, and 1983,
require no particular form of filing for
complaints.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
individuals who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.

emcdonald on DSK2BSOYB1PROD with NOTICES

III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
regulations containing procedures for
handling retaliation complaints at 29
CFR parts 24, 1978, 1979, 1980, 1981,
1982, and 1983.1 OSHA is proposing to
increase the burden hours in the
currently approved information
collection request from 390 burden
hours to 2,160 burden hours (a total
increase of 1,770 hours). These
information collection requirements are
included in this extension. This
increase is due to the Agency’s
determination that all of the Agency’s
regulations containing procedures for
the investigation of retaliation
complaints, regardless of the form used
to file a complaint, contain information
collection requirements associated with
the initiation of the complaint. The
increase is also due to updated
information showing an increase in the
annual number of complaints filed. The
Agency will summarize the comments
submitted in response to this notice,
and will include this summary in the
request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Regulations Containing
Procedures for Handling Retaliation
Complaints.
OMB Number: 1218–0236.
Affected Public: Individuals.
Number of Respondents: 2,160.
1 Several of these regulations use the term
‘‘discrimination’’ or ‘‘discrimination complaints’’ in
their titles. These terms are synonymous with
‘‘retaliation’’ and ‘‘retaliation complaints,’’
respectively.

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Frequency of Recordkeeping: Once
per complaint.
Average Time per Response: 1 hour.
Total Annual Hours Requested: 2,160.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2010–0049).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, and messenger or courier
service, please contact the OSHA Docket
Office at (202) 693–2350, (TTY (877)
889–5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.

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V. Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 4–2010 (75 FR 55355).
Signed at Washington, DC, on October 25,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–27264 Filed 10–27–10; 8:45 am]
BILLING CODE 4510–26–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. NRC–2010–0263]

Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
AGENCY:

The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register Notice with a 60-day comment
period on this information collection on
July 29, 2010.
1. Type of submission, new, revision,
or extension: Extension.
2. The title of the information
collection: NRC Form 5, ‘‘Occupational
Dose Record for a Monitoring Period.’’
3. Current OMB approval number:
3150–0006.
4. The form number if applicable:
NRC Form 5.
5. How often the collection is
required: Annually.
6. Who will be required or asked to
report: NRC licensees who are required
to comply with 10 CFR part 20.
7. An estimate of the number of
annual responses: 4,042 (194 reporting
responses plus 3,848 recordkeepers).
8. The estimated number of annual
respondents: 194 (104 reactor licensees
plus 90 materials licencees).
SUMMARY:

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2010-10-27
File Created2010-10-27

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