60 Day FR Notice

60-day Preclearance FRN FED20130117.pdf

Regulations Containing Procedures for Handling of Retaliation Complaints

60 Day FR Notice

OMB: 1218-0236

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Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices

Avenue HK, Sino Marshall Islands, Gold
Dynasty, and Elite as respondents. The
ALJ denied the motion as to Western
Chemical and Biddle Sawyer because it
would have resulted in delay to the
investigation. No petitions for review
were filed.
The Commission has determined not
to review the ID.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).

DEPARTMENT OF LABOR

Issued: January 14, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.

SUMMARY:

[FR Doc. 2013–00910 Filed 1–16–13; 8:45 am]
BILLING CODE 7020–02–P

INTERNATIONAL TRADE
COMMISSION
[USITC SE–13–004]

Sunshine Act Meeting Notice
United
States International Trade Commission.

AGENCY HOLDING THE MEETING:
TIME AND DATE:

January 23, 2013 at

11:00 a.m.
Room 101, 500 E Street SW.,
Washington, DC 20436. Telephone:
(202) 205–2000.

PLACE:

STATUS:

Open to the public.

MATTERS TO BE CONSIDERED:

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1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Vote in Inv. Nos. 701–TA–488 and
731–TA–1199–1200 (Final) (Large
Residential Washers from Korea and
Mexico). The Commission is currently
scheduled to transmit its determinations
and Commissioners’ opinions to the
Secretary of Commerce on or before
February 8, 2013.
5. Outstanding action jackets: none.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
Issued: January 15, 2013.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2013–00971 Filed 1–15–13; 11:15 am]
BILLING CODE 7020–02–P

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Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0026]

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

OSHA solicits public
comments concerning its proposal to
revise the information collection
requirements currently approved by the
Office of Management and Budget
(OMB) for handling of retaliation
complaints filed with OSHA under
various whistleblower protection
statutes and the procedural regulations
described in this notice. These
regulations contain procedures
employees must use to file a complaint
with OSHA alleging that their employer
violated a whistleblower protection
provision contained in certain statutes
that generally prohibit retaliatory action
by employers against employees who
engage in activities protected by the
statutes. The revised information
collection requirements include a new
form providing additional methods for
employees to submit retaliation
complaints to OSHA, including
electronic submission.
DATES: Comments must be submitted
(postmarked, sent, or received) by
March 18, 2013.
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,
messenger or courier service: When
using this method, you must submit
your comments and attachments to the
OSHA Docket Office, OSHA Docket No.
OSHA–2012–0026, U.S. Department of
Labor, Occupational Safety and Health
Administration, Room N–2625, 200
Constitution Avenue NW., Washington,
DC 20210. Deliveries (hand, express
mail, messenger and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal

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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 (OSHA–2012–0026) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may 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
material) is not publicly available to
read or download from the Web site. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact the Directorate of
Whistleblower Protection Programs at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT: Beth
Slavet, Director, Directorate of
Whistleblower Protection Programs,
OSHA, U.S. Department of Labor, Room
N–4624, 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 generally
prohibit retaliation by employers against
employees who report alleged violations

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Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices
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 the Employee
Protection Provisions of Six
Environmental Statutes and Section 211
of the Energy Reorganization Act of
1974, As Amended (29 CFR part 24
covers the: Safe Drinking Water 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
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; Asbestos Hazard Emergency
Response Act, 15 U.S.C. 2651; and
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
and the Federal Railroad Safety Act; and
29 CFR Part 1983, Procedures for the
Handling of Retaliation Complaints
Under Section 219 of the Consumer
Product Safety Improvement Act of
2008.
In addition, OSHA investigates
complaints of retaliation filed under the
following recently-enacted
whistleblower provisions: The
Affordable Care Act, 29 U.S.C. 218C; the

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Consumer Financial Protection Act,
Section 1057 of the Dodd Frank Wall
Street Reform and Consumer Protection
Act, Public Law 111–203; the Seaman’s
Protection Act, 46 U.S.C. 2114, as
amended by Section 611 of the Coast
Guard Authorization Act of 2010, Public
Law 111–281; Section 402 of the FDA
Food Safety and Modernization Act,
Public Law 111–353; and Section 31307
of the Moving Ahead for Progress in the
21st Century Act, 49 U.S.C. 30171.
These statutory provisions are included
in the existing ICR. 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.
OSHA’s whistleblower regulations
specify the procedures that an employee
must use to file a complaint 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. Two of these regulations, 29 CFR
parts 1979 and 1981, state that
complaints must be filed in writing and
should include a full statement of the
acts and omissions, with pertinent
dates, that the employee believes
constitute the violation. The other
regulations, 29 CFR parts 24, 1977,
1978, 1980, 1982, and 1983, require no
particular form of filing for complaints.
However, it is OSHA’s policy to accept
complaints in any form (i.e. orally or in
writing) under all statutes. This policy
helps ensure that employees of all
circumstances and education levels will
have equal access to the complaint filing
process.
OSHA proposes to revise this ICR to
include a new form, titled, ‘‘Notice of
Whistleblower Complaint’’ (OSHA8–
60.1), that will provide additional
methods for employees to submit
complaints of retaliation to OSHA:
Either by submitting the form
electronically directly through the
Internet; or by downloading, completing
and submitting the form to OSHA by
fax, mail, or hand-delivery. The
proposed form will enable workers to
electronically submit whistleblower
complaints directly to OSHA 24-hours a
day, which will provide workers with
greater flexibility for meeting statutory
filing deadlines. Additionally, by
streamlining the Agency’s electronic
complaint filing process, the form will
reduce the Agency’s complaint
processing time, which will improve the

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quality of the customer service that the
Agency can offer the public.
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.
III. Proposed Actions
OSHA is requesting that OMB
approve the proposed revision of the
information collection requirements
contained in OSHA’s statutory
authorities and the regulations
containing procedures for handling
retaliation complaints at 29 CFR parts
24, 1978, 1979, 1980, 1981, 1982, and
1983.1 Specifically, this revision
contains a new information collection
instrument, a form, which employees
may use to file complaints. In addition,
OSHA is requesting an adjustment
increase in burden hours from 2,503
burden hours to 2,686 burden hours (a
total increase of 183 hours). The
adjustment increase is due to updated
data 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: Revision of a
currently approved collection.
Title: Regulations Containing
Procedures for Handling Retaliation
Complaints.
OMB Number: 1218–0236.
Affected Public: Individuals.
Number of Respondents: 2,686.
Frequency of Response: Once per
complaint.
Average Time per Response: 1 hour.
Estimated Total Burden Hours: 2,686.
Estimated Cost (Operation and
Maintenance): $0.
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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Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices

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–2012–0026).
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, 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 dates 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, Ph.D., 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

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U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–00866 Filed 1–16–13; 8:45 am]
BILLING CODE 4510–26–P

OFFICE OF NATIONAL DRUG
CONTROL POLICY
Information Collection; Paperwork
Reduction Act; 60-Day Notice
Office of National Drug Control
Policy.
ACTION: 60-Day Notice of Information
Collection; Public Comment.
AGENCY:

Pursuant to the Paperwork Reduction
Act and in accordance with 5 CFR
1320.10, the Office of National Drug
Control Policy (ONDCP), Executive
Office of the President, submits the
following information collection request
for review and approval by the Office of
Management and Budget.
Overview of the information
collection activity:
(1) Type of Information Collection:
New Collection.
(2) Title of the Form/Collection:
Arrestee Drug Abuse Monitoring
(ADAM II) Program Questionnaire.
(3) ONDCP Form Number 3201–0016.
Office of National Drug Control Policy.
(4) Affected public: A probability
based sample of persons arrested in
selected booking facilities in five U.S.
counties. Data is collected during a 3week period in each county. The total
effort will be conducted within three
months.
Abstract: The ADAM II survey will
collect data concerning the personal
drug use, drug and alcohol treatment,
arrests, and drug market participation of
the arrestee. Data will be collected from
a sample of 350 arrestees in each of the
five counties. Data collected include a
personal interview and urine specimen
taken within 48 hours of arrest.
Participation is voluntary and
confidential.
Key study goals are to:
(1) Provide data on drug use in
particular areas of the county that is
directly comparable to data collected
from 2000–20003 in ADAM;
(2) Obtain consistent data collection
points to support statistical trend
analysis for the use of heroin, cocaine,
crack, marijuana and
methamphetamine;
(3) Provide data used to support the
Office of National Drug Control Policy’s
efforts to estimate chronic drug use and
examine market behavior;

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(4) Estimate of the total number of
respondents and the average respondent
burden: The estimated number of
respondents is 1750, 350 per data
collection cycle in five sites. Based on
the prior ADAM data collection
information and estimates of any
instrument changes, it is estimated that
the survey will take an average of
approximately 26 minutes to complete.
Estimate of the total public burden (in
hours) associated with this collection:
An estimated 765 hours of public
burden is associated with this
collection.
Written comments and suggestions
from the public and affected agencies
concerning proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; or
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
You may submit comments to, or
request additional information from, Fe
Caces, Office of National Drug Control
Policy, Washington, DC 20503 or by
email to [email protected].
Submitted January 11, 2013.
Daniel R. Petersen,
Deputy General Counsel.
[FR Doc. 2013–00857 Filed 1–16–13; 8:45 am]
BILLING CODE 3180–02–P

NATIONAL SCIENCE FOUNDATION
Notice of Permit Applications
Received; Under the Antarctic
Conservation Act of 1978 (Pub. L. 95–
541)
National Science Foundation.
Notice of Permit Applications
Received under the Antarctic
Conservation Act of 1978, Public Law
95–541.

AGENCY:
ACTION:

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