Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations 71355 

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. 

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 

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 

AGENCY: Occupational Safety and Health 

Administration (OSHA); Department of 

Labor. 

ACTION: Clarification. 

SUMMARY: 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 

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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] 

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. 

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] 

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 

AGENCY: Occupational Safety and Health 

Administration (OSHA); Department of 

Labor. 

ACTION: Clarification. 

SUMMARY: OSHA is informing the public 

of a collection of information 

mstockstill on DSKH9S0YB1PROD with RULES