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• Publication Date: 11/23/2010
• Publication Type: Notice
• Fed Register #: 75:71356
• Standard Number: 1978
• Title: 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

[Federal Register: November 23, 2010 (Volume 75, Number 225)]
[Rules and Regulations]               
[Page 71356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no10-8]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1978

[Docket No. OSHA-2008-0026]
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

AGENCY: Occupational Safety and Health Administration (OSHA); 
Department of Labor.

ACTION: Clarification.

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SUMMARY: 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 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]
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