Clarification Notices, 75 FR 71355-71357

Clarifications, 75 FR 71355 to 71357.pdf

Regulations Containing Procedures for Handling of Retaliation Complaints

Clarification Notices, 75 FR 71355-71357

OMB: 1218-0236

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Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations
applications. Cf. 28 CFR 26.23(c)–(d)
(providing for receipt and consideration
of public comment on State applications
for chapter 154 certification).
Accordingly, removal of the entire
December 11, 2008 final rule at this time
is warranted in order to allow the
Attorney General to articulate the
standards he will apply in making
chapter 154 certification decisions and
to obtain public input concerning the
formulation of such standards. Pending
the completion of a new rulemaking
process, receipt and consideration of
applications for chapter 154
certification cannot sensibly go forward
in the absence of articulated standards
for deciding such applications.
Regulatory Certifications
Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ section 1(b), Principles of
Regulation. The Department of Justice
has determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f), and
accordingly this rule has not been
reviewed by the Office of Management
and Budget.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. This rule merely
removes the December 11, 2008
regulations. Therefore, in accordance
with Executive Order 13132, it is
determined that this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
assessment.

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Executive Order 12988–Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act
(5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies
that this regulation will not have a
significant economic impact on a
substantial number of small entities.
This rule merely removes the December
11, 2008 regulations.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local and tribal

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governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. 5 U.S.C. 804. This
rule will not result in an annual effect
on the economy of $100 million or
more; a major increase in costs or prices;
or significant adverse effects on
competition, employment, investment,
productivity, or innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 26
Law enforcement officers, Prisoners.
■ Accordingly, for the reasons set forth
in the preamble, part 26 of chapter I of
title 28 of the Code of Federal
Regulations is amended as follows:
PART 26—DEATH SENTENCES
PROCEDURES
1. The authority citation for part 26
continues to read as follows:

■

Authority: 5 U.S.C. 301; 18 U.S.C. 4001(b),
4002; 28 U.S.C. 509, 510, 2261, 2265.

Subpart B—[Removed and Reserved]
■

2. Subpart B is removed and reserved.

Dated: November 15, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010–29329 Filed 11–22–10; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1983
[Docket No. OSHA–2010–0006]
RIN 1218–AC47

Collection of Information Requirement
Related to Procedures for the Handling
of Retaliation Complaints Under
Section 219 of the Consumer Product
Safety Improvement Act of 2008
Occupational Safety and Health
Administration (OSHA); Department of
Labor.

AGENCY:

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ACTION:

71355

Clarification.

OSHA is informing the public
of a collection of information
requirement contained in the
Procedures for the Handling of
Retaliation Complaints Under Section
219 of the Consumer Product Safety
Improvement Act of 2008 interim final
rule, published August 31, 2010. This
clarification notice informs the public
about the means by which to comment
on this collection of information
requirement prior to OSHA’s
submission of an information collection
request (ICR) extension to the Office of
Management and Budget (OMB) for
approval under the Paperwork
Reduction Act of 1995.
DATES: Comments on the collection of
information requirement in this interim
final rule must be submitted
(postmarked, sent, or received) to the
ICR docket, Docket No. OSHA–2010–
0049, by December 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Nilgun Tolek, Director, Office of the
Whistleblower Protection Program,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3610, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–2199. This is not a
toll-free number. The alternative formats
available are large print, electronic file
on computer disk (Word Perfect, ASCII,
Mates with Duxbury Braille System) and
audiotape.
SUPPLEMENTARY INFORMATION: On August
31, 2010, OSHA published notice of an
interim final rule containing procedures
for the handling of retaliation
complaints under the employee
protection provision of the Consumer
Product Safety Improvement Act of
2008 (CPSIA) (75 FR 53533).
In the August 31, 2010 notice, OSHA
indicated that the interim final rule did
not contain collection of information
requirements subject to review by OMB
under the provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104–13)
(PRA). (75 FR at 53538.) However, upon
reconsideration, OSHA has determined
that there is a collection of information
requirement associated with the
initiation of CPSIA whistleblower
complaints.
OSHA currently has OMB approval
for collection of information
requirements related to the handling of
retaliation complaints filed under
various whistleblower protection
statutes in the ‘‘Regulations Containing
Procedures for Handling of Retaliation
Complaints’’ ICR, OMB Control Number
1218–0236. OSHA is currently
requesting that OMB extend approval of
SUMMARY:

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71356

Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations

this ICR and has included in its
extension request the collection of
information requirement contained in
the CPSIA whistleblower procedures.
As a result of including the collection of
information requirement contained in
the CPSIA whistleblower procedures in
this ICR, the burden hours in the ICR
will increase by 4.
The Federal Register notice soliciting
public comment on the extension of the
‘‘Regulations Containing Procedures for
Handling of Retaliation Complaints’’ ICR
is in Docket No. OSHA–2010–0049.
Comments on the requested extension of
this ICR may be submitted to Docket No.
OSHA–2010–0049 electronically at
http://www.regulations.gov, the Federal
eRulemaking Portal, or by facsimile,
mail, hand delivery, express mail,
messenger or courier service to the
OSHA Docket office, as indicated in the
related Federal Register notice.
List of Subjects in 29 CFR Part 1983
Administrative practice and
procedure, Employment, Consumer
protection, Investigations, Reporting
and recordkeeping requirements,
Whistleblower.
Authority and Signature
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, under the following
authorities: 15 U.S.C. 2087, Secretary of
Labor’s Order 4–2010, 75 FR 55355
(Sept. 10, 2010).
Signed in Washington, DC, on November
17, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–29412 Filed 11–22–10; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1978
[Docket No. OSHA–2008–0026]

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RIN 1218–AC36

Collection of Information Requirement
Related to Procedures for the Handling
of Retaliation Complaints Under the
Employee Protection Provision of the
Surface Transportation Assistance Act
of 1982
Occupational Safety and Health
Administration (OSHA); Department of
Labor.
ACTION: Clarification.
AGENCY:

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OSHA is informing the public
of a collection of information
requirement contained in the
Procedures for the Handling of
Retaliation Complaints Under the
Employee Protection Provision of the
Surface Transportation Assistance Act
of 1982 interim final rule, published
August 31, 2010. This clarification
notice informs the public about the
means by which to comment on this
collection of information requirement
prior to OSHA’s submission of an
information collection request (ICR)
extension to the Office of Management
and Budget (OMB) for approval under
the Paperwork Reduction Act of 1995.
DATES: Comments on the collection of
information requirement in the interim
final rule must be submitted
(postmarked, sent, or received) to the
ICR docket, Docket No. OSHA–2010–
0049, by December 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Nilgun Tolek, Director, Office of the
Whistleblower Protection Program,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3610, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–2199. This is not
a toll-free number. The alternative
formats available are large print,
electronic file on computer disk (Word
Perfect, ASCII, Mates with Duxbury
Braille System) and audiotape.
SUPPLEMENTARY INFORMATION: On August
31, 2010, OSHA published notice of an
interim final rule containing updated
procedures for the handling of
retaliation complaints under the
employee protection provision of the
Surface Transportation Assistance Act
of 1982 (STAA) (75 FR 53544).
In the August 31, 2010 notice, OSHA
indicated that the interim final rule did
not contain collection of information
requirements subject to review by OMB
under the provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104–13)
(PRA). (75 FR at 53552) However, upon
reconsideration, OSHA has determined
that there is a collection of information
requirement associated with the
initiation of STAA whistleblower
complaints.
OSHA currently has OMB approval
for collection of information
requirements related to the handling of
retaliation complaints filed under
various whistleblower protection
statutes in the ‘‘Regulations Containing
Procedures for Handling of Retaliation
Complaints’’ ICR, OMB Control Number
1218–0236. OSHA is currently
requesting that OMB extend approval of
this ICR and has included in its
extension request the collection of
SUMMARY:

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information requirement contained in
the updated STAA whistleblower
procedures. As a result of including the
collection of information requirement
contained in the updated STAA
whistleblower procedures in this ICR,
the burden hours in the ICR will
increase by 305.
The Federal Register notice soliciting
public comment on the extension of the
‘‘Regulations Containing Procedures for
Handling of Retaliation Complaints’’ ICR
is in Docket No. OSHA–2010–0049.
Comments on the requested extension of
this ICR may be submitted to Docket No.
OSHA–2010–0049 electronically at
http://www.regulations.gov, the Federal
eRulemaking Portal, or by facsimile,
mail, hand delivery, express mail,
messenger or courier service to the
OSHA Docket office, as indicated in the
related Federal Register notice.
List of Subjects in 29 CFR Part 1978
Administrative practice and
procedure, Employment, Highway
safety, Investigations, Motor carriers,
Motor vehicle safety, Reporting and
recordkeeping requirements, Safety,
Transportation, Whistleblowing.
Authority and Signature
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, under the following
authorities: 49 U.S.C. 31101 and 31105,
Secretary of Labor’s Order 4–2010, 75
FR 55355 (Sept. 10, 2010).
Signed in Washington, DC, on November
17, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–29415 Filed 11–22–10; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1982
[Docket Number OSHA–2008–0027]
RIN 1218–AC36

Collection of Information Requirement
Related to Procedures for the Handling
of Retaliation Complaints Under the
National Transit Systems Security Act
and the Federal Railroad Safety Act
Occupational Safety and Health
Administration (OSHA); Department of
Labor.
ACTION: Clarification.
AGENCY:

OSHA is informing the public
of a collection of information

SUMMARY:

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Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations
requirement contained in the
Procedures for the Handling of
Retaliation Complaints Under the
National Transit Systems Security Act
and the Federal Railroad Safety Act
interim final rule, published August 31,
2010. This clarification notice informs
the public about the means by which to
comment on this collection of
information requirement prior to
OSHA’s submission of an information
collection request (ICR) extension to the
Office of Management and Budget
(OMB) for approval under the
Paperwork Reduction Act of 1995.
DATES: Comments on the collection of
information requirement in the interim
final rule must be submitted
(postmarked, sent, or received) to the
ICR docket, Docket Number OSHA–
2010–0049, by December 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Nilgun Tolek, Director, Office of the
Whistleblower Protection Program,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3610, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–2199. This is not
a toll-free number. The alternative
formats available are large print,
electronic file on computer disk (Word
Perfect, ASCII, Mates with Duxbury
Braille System) and audiotape.
SUPPLEMENTARY INFORMATION: On August
31, 2010, OSHA published notice of an
interim final rule containing procedures
for the handling of retaliation
complaints under the employee
protection provisions of the National
Transit Systems Security Act (NTSSA)
and the Federal Railroad Safety Act
(FRSA) (75 FR 53521).
In the August 31, 2010 notice, OSHA
indicated that the interim final rule did
not contain collection of information
requirements subject to review by OMB
under the provisions of the Paperwork
Reduction Act of 1995 (Pub. L.104–13)
(PRA). (75 FR at 53527) However, upon
reconsideration, OSHA has determined
that there is a collection of information
requirement associated with the
initiation of NTSSA and FRSA
whistleblower complaints.
OSHA currently has OMB approval
for collection of information
requirements related to the handling of
retaliation complaints filed under
various whistleblower protection
statutes in the ‘‘Regulations Containing
Procedures for Handling of Retaliation
Complaints’’ ICR, OMB Control Number
1218–0236. OSHA is currently
requesting that OMB extend approval of
this ICR and has included in its
extension request the collection of
information requirement contained in

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Jkt 223001

the NTSSA and FRSA whistleblower
procedures. As a result of including the
collection of information requirement
contained in the NTSSA and FRSA
whistleblower procedures in this ICR,
the burden hours in the ICR will
increase by 155.
The Federal Register notice soliciting
public comment on the extension of the
‘‘Regulations Containing Procedures for
Handling of Retaliation Complaints’’ ICR
is in Docket No. OSHA–2010–0049.
Comments on the requested extension of
this ICR may be submitted to Docket No.
OSHA–2010–0049 electronically at
http://www.regulations.gov, the Federal
eRulemaking Portal, or by facsimile,
mail, hand delivery, express mail,
messenger or courier service to the
OSHA Docket office, as indicated in the
related Federal Register notice.
List of Subjects in 29 CFR Part 1982
Administrative practice and
procedure, Employment, Homeland
security, Investigations, Mass
transportation, Reporting and
recordkeeping requirements, Public
transportation, Railroads, Safety,
Transportation, Whistleblowing.
Authority and Signature
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, under the following
authorities: 6 U.S.C. 1142 and 49 U.S.C.
20109, Secretary of Labor’s Order 4–
2010, 75 FR 55355 (Sept. 10, 2010).
Signed in Washington, DC, on November
17, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–29414 Filed 11–22–10; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8159]

Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:

This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed

SUMMARY:

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71357

within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been

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File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2011-01-11
File Created2011-01-11

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