Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations 40493 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

ASO AL D Andalusia, AL [Removed] 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO AL E5 Fort Rucker, AL [Amended] 

Fort Rucker, Cairns AAF, AL 

(Lat. 31°16′33′′ N., long. 85°42′48′′ W.) 

Andalusia, South Alabama Regional Airport 

at Bill Benton Field, AL 

(Lat. 31°18′30′′ N., long. 86°23′32′′ W.) 

Florala Municipal Airport, AL 

(Lat. 31°02′33′′ N., long. 86°18′42′′ W.) 

That airspace extending upward from 700 

feet or more above the surface within the area 

bounded by a line beginning at lat. 31°38′01′′ 

N., long. 86°23′30′′ W.; to lat. 31°45′01′′ N., 

long. 85°38′00′′ W.; to lat. 31°17′01′′ N., long. 

85°26′00′′ W.; thence to lat. 31°04′01′′ N., 

long. 85°52′00′′ W.; to lat. 31°03′02′′ N., long. 

86°11′04′′ W.; to and clockwise along the arc 

of a 6.5-mile radius circle of Florala 

Municipal Airport to lat. 31°02′14′′ N., long. 

86°26′10′′ W.; thence to the point of 

beginning, and within a 7-mile radius of 

South Alabama Regional Airport at Bill 

Benton Field. 

Issued in College Park, Georgia, on June 21, 

2012. 

Gerald E. Lynch, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2012–16429 Filed 7–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 129 

[Docket No. FAA–2009–0140; Amdt. No. 

129–49] 

RIN 2120–AJ45 

Operations Specifications; OMB 

Approval of Information Collection 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; OMB approval of 

information collection. 

SUMMARY: This document notifies the 

public of the Office of Management and 

Budget’s (OMB’s) approval of the 

information collection requirement 

contained in the FAA’s final rule, 

‘‘Operations Specifications,’’ which was 

published on February 10, 2011. 

DATES: The rule published on February 

10, 2011, became effective on April 11, 

2011. However, because it contained 

new information collection 

requirements, compliance with the 

information collection provisions 

contained in § 129.7 was not required 

until they were approved. This 

document announces that OMB 

approval was received on April 5. 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions contact Darcy D. 

Reed, International Programs and Policy 

Division, AFS–50, Flight Standards 

Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington DC 20591; 

email: Darcy.D.Reed@faa.gov; 

Telephone: 202–385–8078. For legal 

questions contact Lorna John, Office of 

the Chief Counsel, Regulations Division, 

AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

email: Lorna.John@faa.gov; Telephone: 

202–267–3921. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2011, the final rule, 

‘‘Operations Specifications’’ was 

published in the Federal Register (76 

FR 7482). In that rule, the FAA clarified 

and standardized the rules for 

applications by foreign air carriers and 

foreign persons for part 129 operations 

specifications and established new 

standards for amendment, suspension, 

and termination of those operations 

specifications. 

In the DATES section of the final rule, 

the FAA noted that affected parties were 

not required to comply with the new 

information collection requirements in 

§ 129.7 until OMB approved the FAA’s 

request to collect the information. 

Section 129.7 includes new provisions 

governing the application, issuance, and 

denial of operations specifications. That 

information collection requirement had 

not been approved by OMB at the time 

of publication. 

In accordance with the Paperwork 

Reduction Act, the FAA submitted a 

copy of the new information collection 

requirements to OMB for its review. 

OMB approved the collection on April 

5, 2012, and assigned the information 

collection OMB Control Number 2120– 

0749, which expires on April 30, 2013. 

This document is being published to 

inform affected parties of the approval, 

and to announce that as of April 5, 

2012, affected parties are required to 

comply with the new information 

collection requirements in § 129.7. 

Issued in Washington, DC, on July 2, 2012. 

Brenda D. Courtney, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2012–16840 Filed 7–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, 748, 750, 752, 

and 760 

Export Administration Regulations 

CFR Correction 

In Title 15 of the Code of Federal 

Regulations, Parts 300 to 799, revised as 

of January 1, 2012, make the following 

corrections: 

■ 1. On page 248, in § 740.1, correctly 

revise the heading of paragraph (d) to 

read ‘‘Shippers Export Declaration or 

Automated Export System Record’’. 

■ 2. On page 321, in § 742.15, move the 

note to introductory paragraph (b) from 

under (b)(3) to its correct location above 

(b)(1), and add the following note under 

the introductory paragraph of (b)(3): 

§ 742.15 Encryption items. 

* * * * * 

(b) * * * 

(3) * * * 

Note to introductory text of paragraph 

(b)(3): Once a mass market classification 

request is accepted in SNAP–R, you may 

export and reexport the encryption 

commodity or software under License 

Exception ENC as ECCN 5A002 or 5D002, 

whichever is applicable, to any end-user 

located or headquartered in a country listed 

in supplement No. 3 to part 740 as 

authorized by § 740.17(b) of the EAR, while 

the mass market classification request is 

pending review with BIS. 

* * * * * 

■ 3. In Supplement No. 2 to part 742: 

■ A. On page 332, remove paragraphs 

(c)(10)(i)(A) and (B), and 

■ B. On page 336, add (c)(25)(i) to read 

as set forth below, and 

■ C. On page 336, remove paragraphs 

(c)(27)(i)(A) and (B). 

Supplement No. 2 to Part 742—AntiTerrorism Controls: North Korea, Syria 

and Sudan Contract Sanctity Dates and 

Related Policies 

* * * * * 

(c) * * * 

* * * * * 

(25) * * * 

(i) A license is required for the 

following telecommunications 

equipment: (A) Radio relay systems or 

equipment operating at a frequency 


wreier-aviles on DSK6TPTVN1PROD with RULES
40494 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Rules and Regulations 

1The regulatory provisions in this part have been 

written and organized to be consistent with other 

whistleblower regulations promulgated by OSHA to 

the extent possible within the bounds of the 

statutory language of CPSIA. Responsibility for 

receiving and investigating complaints under 

CPSIA also has been delegated to the Assistant 

Secretary for Occupational Safety and Health 

(Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 

3912 (Jan. 25, 2012)). Hearings on determinations 

by the Assistant Secretary are conducted by the 

Office of Administrative Law Judges, and appeals 

from decisions by ALJs are decided by the ARB 

(Secretary’s Order 1–2010 (Jan. 15, 2010), 75 FR 

3924 (Jan. 25, 2010)). 

equal to or greater than 19.7 GHz or 

‘‘spectral efficiency’’ greater than 3 bit/ 

s/Hz; (B) Fiber optic systems or 

equipment operating at a wavelength 

greater than 1000 nm; (C) 

‘‘Telecommunications transmission 

systems’’ or equipment with a ‘‘digital 

transfer rate’’ at the highest multiplex 

level exceeding 45 Mb/s. 

* * * * * 

■ 4. On page 422, in § 748.5, in 

paragraph (b), add the third sentence to 

read ‘‘Designation of another party to 

receive the license does not alter the 

responsibilities of the applicant, 

licensee or exporter.’’ 

■ 5. On page 446, in Supplement No. 2 

to part 748, in paragraph (o)(3)(i), 

correct ‘‘E:2’’ to read ‘‘E:1’’. 

■ 6. On page 466, in § 750.7, in 

paragraph (c)(1)(ii), correct ‘‘quality’’ to 

read ‘‘quantity’’ and correct ‘‘tolerance’’ 

to read ‘‘tolerances’’. 

■ 7. On page 486, in Supplement No. 1 

to part 752, in block 11, correct ‘‘SF ##’’ 

to read ‘‘SF #’’. 

■ 8. On page 487, in Supplement No. 3 

to part 752, in block 6, correct ‘‘BIS– 

748P–B’’ to read ‘‘BIS–748P–A’’. 

■ 9. On page 568, in Supplement No. 7 

to part 760, add the fourth paragraph to 

read as follows: 

Supplement No. 7 to Part 760— 

Interpretation 

* * * * * 

The United States person may also 

provide certain services in advance of 

the unilateral selection by the 

boycotting country, such as the 

compilation of lists of qualified 

suppliers, so long as such services are 

customary to the type of business the 

United States person is engaged in, and 

the services rendered are completely 

non-exclusionary in character (i.e., the 

list of qualified suppliers would have to 

include the supplier whose goods had 

previously been rejected by the 

boycotting country, if they were fully 

qualified). See § 760.2(a)(6) of this part 

for a discussion of the requirements for 

the provision of these services. 

* * * * * 

[FR Doc. 2012–16905 Filed 7–9–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1983 

[Docket Number: OSHA–2010–0006] 

RIN 1218–AC47 

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, Labor. 

ACTION: Final rule. 

SUMMARY: This document provides the 

final text of regulations governing the 

employee protection (whistleblower) 

provisions of the Consumer Product 

Safety Improvement Act of 2008 

(CPSIA). An interim final rule governing 

these provisions and request for public 

comment was published in the Federal 

Register on August 31, 2010. Three 

comments were received. This rule 

responds to those comments and 

establishes the final procedures and 

time frames for the handling of 

retaliation complaints under CPSIA, 

including procedures and time frames 

for employee complaints to the 

Occupational Safety and Health 

Administration (OSHA), investigations 

by OSHA, appeals of OSHA 

determinations to an administrative law 

judge (ALJ) for a hearing de novo, 

hearings by ALJs, review of ALJ 

decisions by the Administrative Review 

Board (ARB) (acting on behalf of the 

Secretary of Labor), and judicial review 

of the Secretary’s final decision. 

DATES: This final rule is effective on July 

10, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Dillon, 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. This Federal Register 

document is available in alternative 

formats. The alternative formats 

available are large print, electronic file 

on computer disk (Word Perfect, ASCII, 

Mates with Duxbury Braille System) and 

audiotape. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Consumer Product Safety 

Improvement Act of 2008 (CPSIA or the 

Act), Public Law 110–314, 122 Stat. 

3016, was enacted on August 14, 2008. 

Section 219 of the Act, codified at 15 

U.S.C. 2087, provides protection to 

employees against retaliation by a 

manufacturer, private labeler, 

distributor, or retailer, because they 

provided to their employer, the Federal 

Government or the attorney general of a 

state, information relating to any 

violation of, or any act or omission the 

employees reasonably believe to be a 

violation of, any provision of an Act 

enforced by the Consumer Product 

Safety Commission (Commission), or 

any order, rule, regulation, standard, or 

ban under any such Act. The statutes 

enforced by the Commission include the 

Consumer Product Safety Act (CPSA), as 

amended by the CPSIA (15 U.S.C. 2051 

et seq.), the Children’s Gasoline Burn 

Prevention Act (Pub. L. 110–278, 122 

Stat. 2602 (2008)), the Federal 

Hazardous Substances Act (15 U.S.C. 

1261 et seq.), the Flammable Fabrics Act 

(15 U.S.C. 1191 et seq.), the Poison 

Prevention Packaging Act (15 U.S.C. 

1471 et seq.), the Refrigerator Safety Act 

(15 U.S.C. 1211 et seq.), and the Virginia 

Graeme Baker Pool and Spa Safety Act 

(15 U.S.C. 8001 et seq.). These rules 

establish procedures for the handling of 

whistleblower complaints under CPSIA. 

II. Summary of Statutory Procedures 

CPSIA’s whistleblower provisions 

include procedures that allow a covered 

employee to file, within 180 days of the 

alleged retaliation, a complaint with the 

Secretary of Labor (Secretary).1 Upon 

receipt of the complaint, the Secretary 

must provide written notice to the 

person or persons named in the 

complaint alleged to have violated the 

Act (respondent) of the filing of the 

complaint, the allegations contained in 

the complaint, the substance of the 

evidence supporting the complaint, and 

the rights afforded the respondent 

throughout the investigation. The 

Secretary must then, within 60 days of 

receipt of the complaint, afford the 

complainant and respondent an 

opportunity to submit a response and 

meet with the investigator to present 

statements from witnesses, and conduct 

an investigation. 


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