Preclearance FRN

FED20160217.pdf

Regulations Containing Procedures for Handling of Retaliation Complaints

Preclearance FRN

OMB: 1218-0236

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Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices

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February 24, 2016, using one of the
methods listed in the ADDRESSES
section. Your request must state:
• The amount of time requested to
speak;
• The interest you represent (e.g.,
business, organization, affiliation), if
any; and
• A brief outline of the presentation.
PowerPoint presentations and other
electronic materials must be compatible
with PowerPoint 2010 and other
Microsoft Office 2010 formats. The
NACOSH Chair may grant requests to
address NACOSH as time and
circumstances permit.
Public docket of NACOSH meetings:
OSHA places comments, requests to
speak, and speaker presentations,
including any personal information you
provide, in the NACOSH docket,
without change. Those documents also
may be available online at http://
www.regulations.gov. Therefore, OSHA
cautions you about submitting certain
personal information such as Social
Security numbers and birthdates.
OSHA also places in the NACOSH
docket meeting transcripts, meeting
minutes, documents presented at the
NACOSH meeting, and other documents
pertaining to the NACOSH meetings.
These documents may be available
online at http://www.regulations.gov.
Access to the public record of
NACOSH meetings: To read or
download documents in the NACOSH
docket, go to Docket No. OSHA–2016–
0001 at http://www.regulations.gov. The
index for that Web page lists all of the
documents in the docket; however,
some documents (e.g., copyrighted
materials) are not publicly available
through that Web page. All documents
in the NACOSH docket, including
materials not available through http://
www.regulations.gov, are available in
the OSHA Docket Office. Please contact
the OSHA Docket Office for assistance
in making submissions to, or obtaining
materials from, the NACOSH docket.
Electronic copies of this Federal
Register notice are available at http://
www.regulations.gov. This notice, as
well as news releases and other relevant
information, also are available on
OSHA’s Web page at http://
www.osha.gov.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice
under the authority granted by 29 U.S.C.
656; 5 U.S.C. App. 2; 29 CFR part 1912a;
41 CFR part 102–3; and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912
(1/25/2012)).

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Signed at Washington, DC, on February 11,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–03295 Filed 2–16–16; 8:45 am]
BILLING CODE 4510–26–P

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

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

OSHA solicits public
comments concerning its proposal to
extend and revise the collections of
information 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 collections of information
include revisions to the form for
employees to submit retaliation
complaints to OSHA, including
electronic submission.
DATES: Comments must be submitted
(postmarked, sent, or received) by April
18, 2016.
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
SUMMARY:

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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
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:

MaryAnn Garrahan, 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; email
[email protected].
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 collections of
information 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

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Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices

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
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; 29
CFR part 1983, Procedures for the

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Handling of Retaliation Complaints
Under Section 219 of the Consumer
Product Safety Improvement Act of
2008; 29 CFR part 1984, Procedures for
Handling of Retaliation Complaints
Under Section 1558 of the Affordable
Care Act; 29 CFR part 1985, Procedures
for Handling Retaliation Complaints
Under the Employee Protection
Provision of the Consumer Financial
Protection Act of 2010; 29 CFR part
1986, Procedures for the Handling of
Retaliation Complaints Under the
Employee Protection Provision of the
Seaman’s Protection Act (SPA), as
Amended; and 29 CFR part 1987,
Procedures for Handling Retaliation
Complaints Under Section 402 of the
FDA Food Safety Modernization Act.
In addition, OSHA investigates
complaints of retaliation filed under the
recently-enacted whistleblower
provision Section 31307 of the Moving
Ahead for Progress in the 21st Century
Act, 49 U.S.C. 30171. This statutory
provision is included in the existing
ICR. Collections of information
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, 1983, 1984, 1986,
1986, and 1987 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 revisions to the electronic
complaint form, titled, ‘‘Notice of
Whistleblower Complaint’’ (OSHA8–
60.1), that will streamline the process
for employees to submit complaints of
retaliation to OSHA electronically
directly through the Internet. The
revisions to the form will not impact

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workers’ ability to electronically submit
whistleblower complaints directly to
OSHA 24-hours a day, which provides
workers with greater flexibility for
meeting statutory filing deadlines.
Additionally, the revised form includes
interactive features which make the
form easier for an employee to
understand and complete. By
streamlining the Agency’s electronic
complaint filing process, the revised
form will reduce the Agency’s
complaint processing time, which will
improve the 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 collections of
information 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
collections of information, 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 extension and
revision of the collections of
information 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, 1983,
1984, 1985, 1986 and 1987.1
Specifically, this revision contains a
revised information collection
instrument, a form, which employees
may use to file complaints. In addition,
OSHA is requesting an adjustment
increase in burden hours from 2,872
burden hours to 7,516 burden hours (a
total increase of 4,644 hours). The
adjustment increase is due to updated
investigation data, which includes the
number of complaints investigated as
well as screened out complaints. The
updated data shows an increase in the
annual number of complaints filed. The
Agency will summarize the comments
submitted in response to this notice,
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. 81, No. 31 / Wednesday, February 17, 2016 / Notices
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: 7,516.
Frequency of Response: Once per
complaint.
Average Time per Response: 1 hour.
Estimated Total Burden Hours: 7,516.
Estimated Cost (Operation and
Maintenance): $0.

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.

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

Signed at Washington, DC, on February 11,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.

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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
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).

[FR Doc. 2016–03259 Filed 2–16–16; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (16–015)]

NASA Advisory Council; Science
Committee; Astrophysics
Subcommittee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:

In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
(NASA) announces a meeting of the
Astrophysics Subcommittee of the
NASA Advisory Council (NAC). This
Subcommittee reports to the Science
Committee of the NAC. The meeting
will be held for the purpose of
soliciting, from the scientific
community and other persons, scientific
and technical information relevant to
program planning.
DATES: Tuesday, March 15, 2016, 8:00
a.m.–5:00 p.m., and Wednesday, March
16, 2016, 8:00 a.m.–5:00 p.m., Local
Time.
SUMMARY:

NASA Headquarters, Room
3H42, 300 E Street SW., Washington, DC
20546.
FOR FURTHER INFORMATION CONTACT: Ms.
Ann Delo, Science Mission Directorate,
NASA Headquarters, Washington, DC
20546, (202) 358–0750, fax (202) 358–
2779, or [email protected].
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public up
to the capacity of the room. This
meeting will also be available
ADDRESSES:

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telephonically and by WebEx. Any
interested person may call the USA toll
free conference call number 1–888–995–
9162, passcode 2991610, on both days.
The WebEx link is https://
nasa.webex.com/; the meeting number
on March 15 is 992 641 163, password
is Astrophysics!1; and the meeting
number on March 16 is 999 231 439,
password is Astrophysics!1.
The agenda for the meeting includes
the following topics:
—Astrophysics Division Update,
including Budget Updates from the
FY2016 Appropriation and FY2017
President’s Budget Request
—Updates on Specific Astrophysics
Missions
—Reports from the Program Analysis
Groups
—Report on NASA Earth and Space
Science Fellows Program
Attendees will be requested to sign a
register and to comply with NASA
security requirements, including the
presentation of a valid picture ID to
Security before access to NASA
Headquarters. Due to the Real ID Act,
Public Law 109–13, any attendees with
drivers licenses issued from noncompliant states/territories must present
a second form of ID. [Federal employee
badge; passport; active military
identification card; enhanced driver’s
license; U.S. Coast Guard Merchant
Mariner card; Native American tribal
document; school identification
accompanied by an item from LIST C
(documents that establish employment
authorization) from the ‘‘List of the
Acceptable Documents’’ on Form I–9].
Non-compliant states/territories are:
American Samoa, Illinois, Minnesota,
Missouri, New Mexico and Washington.
Foreign nationals attending this meeting
will be required to provide a copy of
their passport and visa in addition to
providing the following information no
less than 10 working days prior to the
meeting: full name; gender; date/place
of birth; citizenship; visa information
(number, type, expiration date);
passport information (number, country,
expiration date); employer/affiliation
information (name of institution,
address, country, telephone); title/
position of attendee; and home address
to Ann Delo via email at
[email protected] or by fax at (202)
358–2779. U.S. citizens and Permanent
Residents (green card holders) are
requested to submit their name and
affiliation 3 working days prior to the
meeting to Ann Delo. It is imperative
that this meeting be held on these dates

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