Procedures for Handling Retaliation Complaints Under Section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), 90196-90198 [2016-29914]
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations
extracts remain in Schedule I. Entities
registered to handle marihuana (under
drug code 7360) that also handle
marihuana extracts, will need to apply
to modify their registrations to add the
new drug code 7350 to their existing
DEA registrations and procure quotas
specifically for drug code 7350 each
year.
Regulatory Analyses
Executive Orders 12866 and 13563,
Regulatory Planning and Review, and
13563, Improving Regulation and
Regulatory Review
This regulation has been drafted and
reviewed in accordance with the
principles of Executive Orders 12866
and 13563. This rule is not a significant
regulatory action under Executive Order
12866.
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 to
eliminate drafting errors and ambiguity,
minimize litigation, provide a clear legal
standard for affected conduct, and
promote simplification and burden
reduction.
Executive Order 13132, Federalism
This rulemaking does not have
federalism implications warranting the
application of Executive Order 13132.
The rule does not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government.
rmajette on DSK2TPTVN1PROD with RULES
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This rule does not have tribal
implications warranting the application
of Executive Order 13175. It does not
have substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Regulatory Flexibility Act
The Administrator, in accordance
with the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601–602, has reviewed
this rule and by approving it, certifies
that it will not have a significant
economic impact on a substantial
number of small entities. This rule
establishes a new drug code for
marihuana extracts. DEA already
registers persons handling marihuana
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Jkt 241001
extracts but within another alreadyestablished drug code. Thus, persons
who handle these marihuana extracts
have already met DEA’s registration,
security, and other statutory and
regulatory requirements. The only direct
effect to registrants who handle
marihuana extracts will be the
requirement to add the new drug code
to their registration. Therefore, DEA has
concluded that this rule will not have a
significant effect on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
On the basis of information contained
in the ‘‘Regulatory Flexibility Act’’
section above, DEA has determined and
certifies pursuant to the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., that this action
would not result in any Federal
mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted for inflation) in any one year.
Therefore, neither a Small Government
Agency Plan nor any other action is
required under provisions of the UMRA
of 1995.
Paperwork Reduction Act of 1995
This action does not impose a
collection of information requirement
under the Paperwork Reduction Act of
1995. 44 U.S.C. 3501–3521. This action
would not impose recordkeeping or
reporting requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Congressional Review Act
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act (CRA)). This rule will not
result in: An annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of U.S.-based companies to
compete with foreign based companies
in domestic and export markets.
However, pursuant to the CRA, the DEA
has submitted a copy of this final rule
to both Houses of Congress and to the
Comptroller General.
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Fmt 4700
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List of Subjects in 21 CFR Part 1308
Drug traffic control, Controlled
substances.
For the reasons set out above, 21 CFR
part 1308 is amended as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. Section 1308.11 is amended by
adding paragraph (d)(58) to read as
follows:
■
§ 1308.11
Schedule I.
*
*
*
*
*
(d) * * *
(58) Marihuana Extract—(7350)
Meaning an extract containing one or
more cannabinoids that has been
derived from any plant of the genus
Cannabis, other than the separated resin
(whether crude or purified) obtained
from the plant.
*
*
*
*
*
Dated: December 7, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016–29941 Filed 12–13–16; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1988
[Docket Number: OSHA–2015–0021]
RIN 1218–AC88
Procedures for Handling Retaliation
Complaints Under Section 31307 of the
Moving Ahead for Progress in the 21st
Century Act (MAP–21)
Occupational Safety and Health
Administration, Labor.
ACTION: Final rule.
AGENCY:
On March 16, 2016, the
Occupational Safety and Health
Administration (OSHA) of the U.S.
Department of Labor (Department)
issued an interim final rule (IFR) that
provided procedures for the
Department’s processing of complaints
under the employee protection
(retaliation or whistleblower) provisions
of Section 31307 of the Moving Ahead
for Progress in the 21st Century Act
(MAP–21). The IFR established
procedures and time frames for the
SUMMARY:
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
handling of retaliation complaints under
MAP–21, including procedures and
time frames for employee complaints to
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. It also set
forth the Department’s interpretations of
the MAP–21 whistleblower provisions
on certain matters. This final rule
adopts, without change, the IFR.
DATES: This final rule is effective
December 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Britania C. Smith, Program Analyst,
Directorate of Whistleblower Protection
Programs, Occupational Safety and
Health Administration, U.S. Department
of Labor, Room N–4618, 200
Constitution Avenue NW., Washington,
DC 20210; telephone (202) 693–2199.
This is not a toll-free number. Email:
OSHA.DWPP@dol.gov. This Federal
Register publication 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 Moving Ahead for Progress in the
21st Century Act, Public Law 112–141,
126 Stat. 405, was enacted on July 6,
2012 and, among other things, funded
surface transportation programs at over
$105 billion for fiscal years 2013 and
2014. Section 31307 of the Act, codified
at 49 U.S.C. 30171 and referred to
throughout this rulemaking as MAP–21,
prohibits motor vehicle manufacturers,
parts suppliers, and dealerships from
discharging or otherwise retaliating
against an employee because the
employee provided, caused to be
provided or is about to provide
information to the employer or the
Secretary of Transportation relating to
any motor vehicle defect,
noncompliance, or any violation or
alleged violation of any notification or
reporting requirement of Chapter 301 of
title 49 of the U.S. Code (Chapter 301);
filed, caused to be filed or is about to
file a proceeding relating to any such
defect or violation; testified, assisted or
participated (or is about to testify, assist
or participate) in such a proceeding; or
objected to, or refused to participate in,
any activity that the employee
reasonably believed to be in violation of
any provision of Chapter 301, or any
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15:29 Dec 13, 2016
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order, rule, regulation, standard or ban
under such provision. Chapter 301 is
the codification of the National Traffic
and Motor Vehicle Safety Act of 1966,
as amended, which grants the National
Highway Traffic Safety Administration
(NHTSA) authority to issue vehicle
safety standards and to require
manufacturers to recall vehicles that
have a safety-related defect or do not
meet federal safety standards. This final
rule adopts, without change, the
provisions in the IFR which established
procedures for the handling of
whistleblower complaints under MAP–
21.
II. Interim Final Rule, Comment
Received and OSHA’s Response
On March 16, 2016, OSHA published
in the Federal Register an IFR
establishing procedures for the handling
of whistleblower retaliation complaints
under MAP–21. 81 FR 13976. The IFR
also requested public comments. The
prescribed comment period closed on
May 16, 2016. OSHA received one
comment responsive to the IFR. The
commenter, a private citizen, stated in
full that:
After the OSHA investigation, the
complainant should have a reasonable
chance to respond to whatever the
investigation found before the final
determination. The investigation should rely
on facts: Any witness remarks need to be
substantiated by facts, and the complainant
should be able to respond to them.
Investigations need to be conducted
according to strict guidelines with facts
checked perhaps by another investigator.
OSHA is making no revisions to the
MAP–21 rule in response to this
comment. OSHA believes that the
procedures in the IFR, see e.g., 29 CFR
1988.104(c), as supplemented by
OSHA’s whistleblower investigations
manual, available at https://
www.whistleblowers.gov, operate to give
complainants adequate opportunities to
review and respond to information
submitted by the employer in a MAP–
21 whistleblower investigation and to
ensure adequate supervision of
investigators. In addition, as provided in
the rules, any party who objects to
OSHA’s findings has an opportunity to
seek de novo review before an
administrative law judge. Accordingly,
this rule adopts as final, without
change, the IFR published on March 16,
2016.
III. Paperwork Reduction Act
This rule contains a reporting
provision (filing a retaliation complaint,
Section 1988.103) which was previously
reviewed and approved for use by the
Office of Management and Budget
PO 00000
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Fmt 4700
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90197
(OMB) under the provisions of the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13). The assigned OMB control
number is 1218–0236.
IV. Administrative Procedure Act
The notice and comment rulemaking
procedures of Section 553 of the
Administrative Procedure Act (APA) do
not apply ‘‘to interpretative rules,
general statements of policy, or rules of
agency organization, procedure, or
practice.’’ 5 U.S.C. 553(b)(A). This is a
rule of agency procedure, practice, and
interpretation within the meaning of
that section. Therefore, publication in
the Federal Register of a notice of
proposed rulemaking and request for
comments was not required for this
rulemaking. Although this is a
procedural and interpretative rule not
subject to the notice and comment
procedures of the APA, OSHA provided
persons interested in the IFR 60 days to
submit comments and considered the
one comment pertinent to the IFR that
it received in deciding to finalize
without change the procedures in the
IFR.
Furthermore, because this rule is
procedural and interpretative rather
than substantive, the normal
requirement of 5 U.S.C. 553(d) that a
rule be effective 30 days after
publication in the Federal Register is
inapplicable. OSHA also finds good
cause to provide an immediate effective
date for this final rule, which simply
finalizes without change the procedures
that have been in place since
publication of the IFR. It is in the public
interest that the rule be effective
immediately so that parties may know
what procedures are applicable to
pending cases.
V. Executive Orders 12866 and 13563;
Unfunded Mandates Reform Act of
1995; Executive Order 13132
The Department has concluded that
this rule is not a ‘‘significant regulatory
action’’ within the meaning of Executive
Order 12866, reaffirmed by Executive
Order 13563, because it is not likely to:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities; (2) create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) raise novel legal or policy
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in Executive Order 12866.
Therefore, no economic impact analysis
under Section 6(a)(3)(C) of Executive
Order 12866 has been prepared. For the
same reason, and because no notice of
proposed rulemaking has been
published, no statement is required
under Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532. In any event, this rulemaking is
procedural and interpretive in nature
and is thus not expected to have a
significant economic impact. Finally,
this rule does not have ‘‘federalism
implications.’’ The rule does not have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government’’ and therefore is
not subject to Executive Order 13132
(Federalism).
PART 1988—PROCEDURES FOR
HANDLING RETALIATION
COMPLAINTS UNDER SECTION 31307
OF THE MOVING AHEAD FOR
PROGRESS IN THE 21ST CENTURY
ACT (MAP–21)
For the reasons set out in the
preamble, the interim final rule adding
29 CFR part 1988, which was published
at 81 FR 13976 on March 16, 2016, is
adopted as a final rule without change.
■
Signed at Washington, DC, on December 8,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–29914 Filed 12–13–16; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
VI. Regulatory Flexibility Analysis
33 CFR Part 117
The notice and comment rulemaking
procedures of Section 553 of the APA
do not apply ‘‘to interpretative rules,
general statements of policy, or rules of
agency organization, procedure, or
practice.’’ 5 U.S.C. 553(b)(A). Rules that
are exempt from APA notice and
comment requirements are also exempt
from the Regulatory Flexibility Act
(RFA). See SBA Office of Advocacy, A
Guide for Government Agencies: How to
Comply with the Regulatory Flexibility
Act, at 9; also found at: https://
www.sba.gov/advocacy/guidegovernment-agencies-how-complyregulatory-flexibility-act. This is a rule
of agency procedure, practice, and
interpretation within the meaning of 5
U.S.C. 553; and, therefore, the rule is
exempt from both the notice and
comment rulemaking procedures of the
APA and the requirements under the
RFA. Nonetheless OSHA, in the IFR,
provided interested persons 60 days to
comment on the procedures applicable
to retaliation complaints under MAP–21
and considered the one comment
pertinent to the IFR that it received in
deciding to finalize without change the
procedures in the IFR.
[Docket No. USCG–2016–1044]
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List of Subjects in 29 CFR Part 1988
Administrative practice and
procedure, Automobile dealers,
Employment, Investigations, Motor
vehicle defects, Motor vehicle
manufacturers, Part suppliers, Reporting
and recordkeeping requirements,
Whistleblower.
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Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the New
Year’s Eve fireworks. This deviation
allows the bridge to remain in the
closed-to-navigation position during the
deviation period.
DATES: This deviation is effective from
8:30 p.m. on December 31, 2016 to 12:15
a.m. on January 1, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2016–1044], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email
David.H.Sulouff@uscg.mil.
SUMMARY:
California
Department of Transportation has
requested a temporary change to the
SUPPLEMENTARY INFORMATION:
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Fmt 4700
Sfmt 4700
operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at
Sacramento, CA. The vertical lift bridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 8:30
p.m. on December 31, 2016 to 12:15 a.m.
on January 1, 2017, to allow the
community to participate in the New
Year’s Eve fireworks. This temporary
deviation has been coordinated with the
waterway users. No objections to the
proposed temporary deviation were
raised.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterway through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 9, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2016–29986 Filed 12–13–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP44
Advanced Practice Registered Nurses
Department of Veterans Affairs.
Final rule with comment period.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its medical
regulations to permit full practice
authority of three roles of VA advanced
practice registered nurses (APRN) when
they are acting within the scope of their
VA employment. Certified Registered
Nurse Anesthetists (CRNA) will not be
included in VA’s full practice authority
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Rules and Regulations]
[Pages 90196-90198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29914]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1988
[Docket Number: OSHA-2015-0021]
RIN 1218-AC88
Procedures for Handling Retaliation Complaints Under Section
31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 16, 2016, the Occupational Safety and Health
Administration (OSHA) of the U.S. Department of Labor (Department)
issued an interim final rule (IFR) that provided procedures for the
Department's processing of complaints under the employee protection
(retaliation or whistleblower) provisions of Section 31307 of the
Moving Ahead for Progress in the 21st Century Act (MAP-21). The IFR
established procedures and time frames for the
[[Page 90197]]
handling of retaliation complaints under MAP-21, including procedures
and time frames for employee complaints to 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. It also set forth the Department's interpretations of the
MAP-21 whistleblower provisions on certain matters. This final rule
adopts, without change, the IFR.
DATES: This final rule is effective December 14, 2016.
FOR FURTHER INFORMATION CONTACT: Britania C. Smith, Program Analyst,
Directorate of Whistleblower Protection Programs, Occupational Safety
and Health Administration, U.S. Department of Labor, Room N-4618, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2199. This is not a toll-free number. Email: OSHA.DWPP@dol.gov. This
Federal Register publication 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 Moving Ahead for Progress in the 21st Century Act, Public Law
112-141, 126 Stat. 405, was enacted on July 6, 2012 and, among other
things, funded surface transportation programs at over $105 billion for
fiscal years 2013 and 2014. Section 31307 of the Act, codified at 49
U.S.C. 30171 and referred to throughout this rulemaking as MAP-21,
prohibits motor vehicle manufacturers, parts suppliers, and dealerships
from discharging or otherwise retaliating against an employee because
the employee provided, caused to be provided or is about to provide
information to the employer or the Secretary of Transportation relating
to any motor vehicle defect, noncompliance, or any violation or alleged
violation of any notification or reporting requirement of Chapter 301
of title 49 of the U.S. Code (Chapter 301); filed, caused to be filed
or is about to file a proceeding relating to any such defect or
violation; testified, assisted or participated (or is about to testify,
assist or participate) in such a proceeding; or objected to, or refused
to participate in, any activity that the employee reasonably believed
to be in violation of any provision of Chapter 301, or any order, rule,
regulation, standard or ban under such provision. Chapter 301 is the
codification of the National Traffic and Motor Vehicle Safety Act of
1966, as amended, which grants the National Highway Traffic Safety
Administration (NHTSA) authority to issue vehicle safety standards and
to require manufacturers to recall vehicles that have a safety-related
defect or do not meet federal safety standards. This final rule adopts,
without change, the provisions in the IFR which established procedures
for the handling of whistleblower complaints under MAP-21.
II. Interim Final Rule, Comment Received and OSHA's Response
On March 16, 2016, OSHA published in the Federal Register an IFR
establishing procedures for the handling of whistleblower retaliation
complaints under MAP-21. 81 FR 13976. The IFR also requested public
comments. The prescribed comment period closed on May 16, 2016. OSHA
received one comment responsive to the IFR. The commenter, a private
citizen, stated in full that:
After the OSHA investigation, the complainant should have a
reasonable chance to respond to whatever the investigation found
before the final determination. The investigation should rely on
facts: Any witness remarks need to be substantiated by facts, and
the complainant should be able to respond to them. Investigations
need to be conducted according to strict guidelines with facts
checked perhaps by another investigator.
OSHA is making no revisions to the MAP-21 rule in response to this
comment. OSHA believes that the procedures in the IFR, see e.g., 29 CFR
1988.104(c), as supplemented by OSHA's whistleblower investigations
manual, available at https://www.whistleblowers.gov, operate to give
complainants adequate opportunities to review and respond to
information submitted by the employer in a MAP-21 whistleblower
investigation and to ensure adequate supervision of investigators. In
addition, as provided in the rules, any party who objects to OSHA's
findings has an opportunity to seek de novo review before an
administrative law judge. Accordingly, this rule adopts as final,
without change, the IFR published on March 16, 2016.
III. Paperwork Reduction Act
This rule contains a reporting provision (filing a retaliation
complaint, Section 1988.103) which was previously reviewed and approved
for use by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13). The
assigned OMB control number is 1218-0236.
IV. Administrative Procedure Act
The notice and comment rulemaking procedures of Section 553 of the
Administrative Procedure Act (APA) do not apply ``to interpretative
rules, general statements of policy, or rules of agency organization,
procedure, or practice.'' 5 U.S.C. 553(b)(A). This is a rule of agency
procedure, practice, and interpretation within the meaning of that
section. Therefore, publication in the Federal Register of a notice of
proposed rulemaking and request for comments was not required for this
rulemaking. Although this is a procedural and interpretative rule not
subject to the notice and comment procedures of the APA, OSHA provided
persons interested in the IFR 60 days to submit comments and considered
the one comment pertinent to the IFR that it received in deciding to
finalize without change the procedures in the IFR.
Furthermore, because this rule is procedural and interpretative
rather than substantive, the normal requirement of 5 U.S.C. 553(d) that
a rule be effective 30 days after publication in the Federal Register
is inapplicable. OSHA also finds good cause to provide an immediate
effective date for this final rule, which simply finalizes without
change the procedures that have been in place since publication of the
IFR. It is in the public interest that the rule be effective
immediately so that parties may know what procedures are applicable to
pending cases.
V. Executive Orders 12866 and 13563; Unfunded Mandates Reform Act of
1995; Executive Order 13132
The Department has concluded that this rule is not a ``significant
regulatory action'' within the meaning of Executive Order 12866,
reaffirmed by Executive Order 13563, because it is not likely to: (1)
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy
[[Page 90198]]
issues arising out of legal mandates, the President's priorities, or
the principles set forth in Executive Order 12866. Therefore, no
economic impact analysis under Section 6(a)(3)(C) of Executive Order
12866 has been prepared. For the same reason, and because no notice of
proposed rulemaking has been published, no statement is required under
Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532.
In any event, this rulemaking is procedural and interpretive in nature
and is thus not expected to have a significant economic impact.
Finally, this rule does not have ``federalism implications.'' The rule
does not have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government'' and therefore is not subject to Executive Order 13132
(Federalism).
VI. Regulatory Flexibility Analysis
The notice and comment rulemaking procedures of Section 553 of the
APA do not apply ``to interpretative rules, general statements of
policy, or rules of agency organization, procedure, or practice.'' 5
U.S.C. 553(b)(A). Rules that are exempt from APA notice and comment
requirements are also exempt from the Regulatory Flexibility Act (RFA).
See SBA Office of Advocacy, A Guide for Government Agencies: How to
Comply with the Regulatory Flexibility Act, at 9; also found at:
https://www.sba.gov/advocacy/guide-government-agencies-how-comply-regulatory-flexibility-act. This is a rule of agency procedure,
practice, and interpretation within the meaning of 5 U.S.C. 553; and,
therefore, the rule is exempt from both the notice and comment
rulemaking procedures of the APA and the requirements under the RFA.
Nonetheless OSHA, in the IFR, provided interested persons 60 days to
comment on the procedures applicable to retaliation complaints under
MAP-21 and considered the one comment pertinent to the IFR that it
received in deciding to finalize without change the procedures in the
IFR.
List of Subjects in 29 CFR Part 1988
Administrative practice and procedure, Automobile dealers,
Employment, Investigations, Motor vehicle defects, Motor vehicle
manufacturers, Part suppliers, Reporting and recordkeeping
requirements, Whistleblower.
PART 1988--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER
SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY
ACT (MAP-21)
0
For the reasons set out in the preamble, the interim final rule adding
29 CFR part 1988, which was published at 81 FR 13976 on March 16, 2016,
is adopted as a final rule without change.
Signed at Washington, DC, on December 8, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-29914 Filed 12-13-16; 8:45 am]
BILLING CODE 4510-26-P
