Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Notices 17233 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Process 

Safety Management of Highly 

Hazardous Chemicals Standard 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Occupational 

Safety and Health Administration 

(OSHA) sponsored information 

collection request (ICR) titled, ‘‘Process 

Safety Management of Highly 

Hazardous Chemicals Standard,’’ to the 

Office of Management and Budget 

(OMB) for review and approval for 

continued use in accordance with the 

Paperwork Reduction Act (PRA) of 1995 

(44 U.S.C. 3501 et seq.). 

DATES: Submit comments on or before 

April 19, 2013. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–OSHA, Office of 

Management and Budget, Room 10235, 

725 17th Street NW., Washington, DC 

20503, Fax: 202–395–6881 (this is not a 

toll-free number), email: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION: 

Contact Michel Smyth by telephone at 

202–693–4129 (this is not a toll-free 

number) or by email at 

DOL_PRA_PUBLIC@dol.gov. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

SUPPLEMENTARY INFORMATION: The 

Process Safety Management of Highly 

Hazardous Chemicals Standard contains 

a number of information collection 

requirements, such as developing 

written process safety information, 

procedures and management practices, 

and operating procedures and safe work 

practices; and documenting safety 

history evaluations, contractor policies, 

and worker training; in addition, 

covered employers must retain certain 

records. These information collection 

requirements are subject to the PRA. 

A Federal agency generally cannot 

conduct or sponsor a collection of 

information, and the public is generally 

not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1218–0200. The current 

approval is scheduled to expire on 

March 31, 2013; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

For additional information, see the 

related notice published in the Federal 

Register on November 6, 2012 (77 FR 

66638). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1218– 

0200. The OMB is particularly 

interested in comments that: 

• 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; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• 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. 

Agency: DOL–OSHA. 

Title of Collection: Process Safety 

Management of Highly Hazardous 

Chemicals Standard. 

OMB Control Number: 1218–0200. 

Affected Public: Private Sector— 

businesses or other for-profits. 

Total Estimated Number of 

Respondents: 6,993. 

Total Estimated Number of 

Responses: 824,429. 

Total Estimated Annual Burden 

Hours: 4,630,107. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: March 14, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–06369 Filed 3–19–13; 8:45 am] 

BILLING CODE 4510–26–P 

MERIT SYSTEMS PROTECTION 

BOARD 

Notice of Opportunity To File Amicus 

Briefs 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or Board) announces the 

opportunity to file amicus briefs in the 

matter of Barbara R. King v. Department 

of the Air Force, MSPB Docket Number 

DA–0752–09–0604–P–1, currently 

pending before the Board on 

interlocutory appeal. The administrative 

judge certified for interlocutory review 

the question of whether the provisions 

of the Whistleblower Protection 

Enhancement Act of 2012 (WPEA), 112 

Public Law 199, with regard to damages 

may be applied retroactively to cases 

pending prior to its effective date. 

Of particular relevance in King is the 

question of the retroactive effect of 

section 107(b) of the WPEA, which 

addresses damages available to 

individuals who have suffered reprisal 

for protected disclosures or activities. 

Prior to enactment of the WPEA, the 

corrective action available to such 

individuals under the Whistleblower 

Protection Act (WPA) included 

reasonable and foreseeable 

consequential damages, but not 

compensatory, or non-pecuniary, 

damages. See Bohac v. Department of 

Agriculture, 239 F.3d 1334, 1337–43 

(Fed. Cir. 2001). However, under section 

107(b) of the WPEA, corrective action 

may also include ‘‘compensatory 

damages (including interest, reasonable 

expert witness fees, and costs).’’ 

Therefore, the Board must determine in 

King whether to apply the WPEA 

standard or the WPA standard in 

determining what corrective action is 

available in appeals pending prior to the 

effective date of the WPEA. 

In King, the appellant’s protected 

disclosures and the agency’s retaliatory 


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