Secretary's Order 05-2018, 35679-35680 [2018-16127]

Download as PDF Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 24, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of West Virginia in the lawsuit entitled United States and West Virginia v. CSX Transportation, Inc., Civil Action No. 2:18–cv–01175. The Complaint alleges that Defendant CSX Transportation, Inc., violated the Clean Water Act, the West Virginia Water Pollution Control Act, and the West Virginia Groundwater Protection Act by discharging oil into Armstrong Creek and the Kanawha River after Defendant’s train derailed in February 2015 near Mount Carbon, West Virginia. The Consent Decree resolves the alleged violations through a settlement package with two components. First, the Consent Decree requires Defendant to pay a total civil penalty of $2.2 million: $1.2 million to resolve the United States’ claims, and $1 million to resolve West Virginia’s claims. Second, Defendant must participate in a State supplemental environmental project (‘‘State SEP’’) to settle West Virginia’s claims only. The State SEP requires Defendant to pay $500,000 into a State-created and Stateowned escrow account that the State will use to fund upgrades to the Kanawha Falls Public Service District water treatment facility in Fayette County, West Virginia. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and West Virginia v. CSX Transportation, Inc., Civil Action No. 2:18–cv–01175, DOJ number 90–5–1–1–11264. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. amozie on DSK3GDR082PROD with NOTICES1 By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $5.75 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the signature pages, the cost is $4.25. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–16087 Filed 7–26–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Secretary’s Order 05—2018 Subject: Procedures for Appointment of Individuals to Department of Labor Appellate Boards 1. Purpose. To provide for transparent and consistent processes by which the Secretary of Labor shall select and appoint individuals to the three appellate boards within the Department of Labor. 2. Authorities and Directives Affected. A. Authorities. This Order is issued pursuant to the following authorities: i. 29 U.S.C. 551 et seq.; ii. 5 U.S.C. 301–02. B. Directives Affected. This Order does not affect the authorities and responsibilities assigned by any other Secretary’s Order, including but not limited to Order 02–2012 (77 FR 69378) and Order 03–2006 (20 CFR 801.201). 3. Background. The Secretary has the authority and responsibility to appoint the members of the Department’s three appellate boards: the Administrative Review Board (ARB), the Benefits Review Board (BRB), and the Employees’ Compensation Appeals Board (ECAB). These appointments should be made through a transparent and consistent process. Accordingly, this Order establishes procedures by which these appointments shall be made. 4. Responsibilities. A. The Assistant Secretary for Administration and Management, in consultation with the Deputy Secretary, is assigned responsibility for issuing written guidance, as necessary, to implement this Order. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 35679 B. The Solicitor of Labor is responsible for providing legal advice to DOL on all matters arising in the implementation and administration of this Order. 5. Procedure. The following procedures shall apply to the selection and appointment of individuals to the ARB, BRB, and ECAB: A. A notice of vacancy and solicitation of applications shall be posted in the Federal Register and on the relevant Board’s website. The vacancy shall be held open for a minimum of thirty days, during which applications shall be accepted. The notice shall specify: The name of the board; the type of appointment; the duration, if any, of the appointment; the minimum criteria for appointment; the documentation an applicant must submit for consideration; the deadline by which such documentation must be submitted; and the email address and/ or physical address where documentation may be submitted. B. Applications will be directed to the Office of Executive Resources (OER) within the Office of the Assistant Secretary for Administration and Management (OASAM) to be screened for whether an applicant has timely submitted all required documentation and meets the minimal qualifications for the position, including vetting potential ethics concerns such as conflicts of interest in consultation with ethics counsel. C. OER will deliver qualified applications to a six-person review panel. The members of the panel will be selected by the Secretary or the Secretary’s designee,1 and will consist of three career and three non-career Department employees who are members of the Senior Executive Service. The Department’s Director, Human Resources Center, or her designee, shall be present for each meeting of the panel. D. The panel will review the qualified applications, and rank the candidates. The panel will send the applications of the top-ranked candidates to an interview committee, which will be comprised of the Deputy Secretary and a career ethics attorney from Office of the Solicitor. E. The interview committee will interview the top-ranked candidates and recommend to the Secretary which candidate should be chosen for the position. The interview committee will also provide the Secretary with the resumes of the other top-ranked candidates it interviewed but did not 1 In the absence of specific Secretary’s designee, the Solicitor of Labor shall be the designee. E:\FR\FM\27JYN1.SGM 27JYN1 35680 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices recommend. The Secretary shall make the final decision and appointment, or may instead order another candidate search be completed. 6. Privacy. This Order is subject to the applicable laws, regulations, and procedures concerning the privacy of applicants to federal government employment. 7. Exceptions. The requirements of this Order are intended to be general in nature, and accordingly shall be construed and implemented consistent with more specific requirements of any statute, Executive Order, or other legal authority governing a particular board. In the event of a conflict, the specific statute, Executive Order, or other legal authority shall govern. 8. Redelegation of Authority. Except as otherwise provided by law, all of the authorities delegated in this Order may be redelegated in order to serve the purposes of this Order. 9. Effective Date. This order is effective immediately. Dated: June 1, 2018. R. Alexander Acosta, Secretary of Labor. [FR Doc. 2018–16127 Filed 7–26–18; 8:45 am] BILLING CODE 4510–04–P DEPARTMENT OF LABOR Office of the Secretary Procedures for Appointment of Individuals to Department of Labor Advisory Committees Subject: Secretary’s Order 04—2018 amozie on DSK3GDR082PROD with NOTICES1 1. Purpose. To provide for transparent and consistent processes by which the Secretary of Labor and/or the designee of the Secretary of Labor shall select and appoint individuals to advisory committees 1 within the Department of Labor. 2. Authorities and Directives Affected. A. Authorities. This Order is issued pursuant to the following authorities: i. 29 U.S.C. 551 et seq.; ii. 5 U.S.C. 301–02; iii. 5 U.S.C. app. 2, 1–15. B. Directives Affected. This Order does not affect the authorities and responsibilities assigned by any other Secretary’s Order. 1 ‘‘Committee’’ refers to any Federal Advisory Committee Act (FACA) advisory committee, committee, board, task force, or working group to which the Secretary of Labor or the designee of the Secretary appoints individuals. This Order does not apply to internal committees, boards, task forces, or working groups, or to purely interagency committees, boards, task forces, or working groups. VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 3. Background. The Secretary and/or Secretary’s designee has the authority and responsibility to appoint members of advisory committees that provide information, expertise, and recommendations to DOL agencies. These appointments should be made through a transparent and consistent process. Accordingly, this Order establishes procedures by which these appointments shall be made. 4. Responsibilities. A. The Assistant Secretary for Administration and Management, in consultation with the Deputy Secretary, is assigned responsibility for issuing written guidance, as necessary, to implement this Order. B. The Solicitor of Labor is responsible for providing legal advice to DOL on all matters arising in the implementation and administration of this Order. 5. Procedure. The following procedures shall apply to the selection and appointment of individuals to Department advisory committees for which the Secretary or the Secretary’s designee is responsible: A. A notice of vacancy and solicitation of applications shall be posted in the Federal Register and on the relevant committee or agency website. The vacancy shall be held open for a minimum of thirty days, during which applications shall be accepted. The notice shall specify: The name of the committee; the minimum requirements for committee membership, including specialized knowledge, experience, or other relevant criteria as mandated by the relevant statute, committee charter, or as determined by the agency administering the committee; the duration, if any, of the appointment; the minimum criteria for appointment; the documentation an applicant must submit for consideration; the deadline by which such documentation must be submitted; and the email address and/or physical address where documentation may be submitted. B. Each application shall be directed to the relevant agency to be screened to determine whether the applicant has timely submitted all required documentation and meets the minimal qualifications for the position, including vetting the minimally qualified candidates for potential ethics concerns such as conflicts of interest in consultation with ethics counsel. C. Qualified applications shall be reviewed by a panel established within the relevant agency. The members of each panel shall be selected by the head of the agency, and shall consist of six PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 employees who understand advisory committees and their functions. The Department’s Director, Human Resources Center, or her designee, shall be present for each meeting of the panel. The panel shall select candidates it considers best meet the criteria for a specific committee. The committee shall send its proposed selections to the head of the agency, who shall review and provide the agency’s recommendations to the Secretary and Deputy Secretary. D. For an advisory committee that requires the Secretary himself make appointments, the Secretary shall make each final decision and appointment, or may instead order another candidate search be completed. E. For an advisory committee that permits a Secretary’s designee to make appointments, the Secretary, at his discretion, may review the recommendations himself pursuant to Paragraph 5.D of this order; or he may permit his designee to make the final decisions and appointments, or instead order another candidate search be completed, consistent with requirements of the applicable statute. 6. Privacy. This Order is subject to the applicable laws, regulations, and procedures concerning the privacy of applicants to federal government advisory committees. 7. Exceptions; Administrative Matters. The requirements of this Order are intended to be general in nature, and accordingly shall be construed and implemented consistent with more specific requirements of any statute, Executive Order, or other legal authority governing the composition of a particular advisory committee. In the event of a conflict, the specific statute, Executive Order, or other legal authority shall govern. The requirements of this Order are in addition to internal administrative procedures regarding the appointment of individuals to advisory committees. 8. Redelegation of Authority. Except as otherwise provided by law, all of the authorities delegated in this Order may be redelegated in order to serve the purposes of this Order. 9. Date. This order is effective immediately. Dated: June 1, 2018. R. Alexander Acosta, Secretary of Labor. [FR Doc. 2018–16124 Filed 7–26–18; 8:45 am] BILLING CODE 4510–04–P E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35679-35680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16127]


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DEPARTMENT OF LABOR

Office of the Secretary


Secretary's Order 05--2018

    Subject: Procedures for Appointment of Individuals to Department of 
Labor Appellate Boards
    1. Purpose. To provide for transparent and consistent processes by 
which the Secretary of Labor shall select and appoint individuals to 
the three appellate boards within the Department of Labor.
    2. Authorities and Directives Affected.
    A. Authorities. This Order is issued pursuant to the following 
authorities:
    i. 29 U.S.C. 551 et seq.;
    ii. 5 U.S.C. 301-02.
    B. Directives Affected. This Order does not affect the authorities 
and responsibilities assigned by any other Secretary's Order, including 
but not limited to Order 02-2012 (77 FR 69378) and Order 03-2006 (20 
CFR 801.201).
    3. Background. The Secretary has the authority and responsibility 
to appoint the members of the Department's three appellate boards: the 
Administrative Review Board (ARB), the Benefits Review Board (BRB), and 
the Employees' Compensation Appeals Board (ECAB). These appointments 
should be made through a transparent and consistent process. 
Accordingly, this Order establishes procedures by which these 
appointments shall be made.
    4. Responsibilities.
    A. The Assistant Secretary for Administration and Management, in 
consultation with the Deputy Secretary, is assigned responsibility for 
issuing written guidance, as necessary, to implement this Order.
    B. The Solicitor of Labor is responsible for providing legal advice 
to DOL on all matters arising in the implementation and administration 
of this Order.
    5. Procedure. The following procedures shall apply to the selection 
and appointment of individuals to the ARB, BRB, and ECAB:
    A. A notice of vacancy and solicitation of applications shall be 
posted in the Federal Register and on the relevant Board's website. The 
vacancy shall be held open for a minimum of thirty days, during which 
applications shall be accepted. The notice shall specify: The name of 
the board; the type of appointment; the duration, if any, of the 
appointment; the minimum criteria for appointment; the documentation an 
applicant must submit for consideration; the deadline by which such 
documentation must be submitted; and the email address and/or physical 
address where documentation may be submitted.
    B. Applications will be directed to the Office of Executive 
Resources (OER) within the Office of the Assistant Secretary for 
Administration and Management (OASAM) to be screened for whether an 
applicant has timely submitted all required documentation and meets the 
minimal qualifications for the position, including vetting potential 
ethics concerns such as conflicts of interest in consultation with 
ethics counsel.
    C. OER will deliver qualified applications to a six-person review 
panel. The members of the panel will be selected by the Secretary or 
the Secretary's designee,\1\ and will consist of three career and three 
non-career Department employees who are members of the Senior Executive 
Service. The Department's Director, Human Resources Center, or her 
designee, shall be present for each meeting of the panel.
---------------------------------------------------------------------------

    \1\ In the absence of specific Secretary's designee, the 
Solicitor of Labor shall be the designee.
---------------------------------------------------------------------------

    D. The panel will review the qualified applications, and rank the 
candidates. The panel will send the applications of the top-ranked 
candidates to an interview committee, which will be comprised of the 
Deputy Secretary and a career ethics attorney from Office of the 
Solicitor.
    E. The interview committee will interview the top-ranked candidates 
and recommend to the Secretary which candidate should be chosen for the 
position. The interview committee will also provide the Secretary with 
the resumes of the other top-ranked candidates it interviewed but did 
not

[[Page 35680]]

recommend. The Secretary shall make the final decision and appointment, 
or may instead order another candidate search be completed.
    6. Privacy. This Order is subject to the applicable laws, 
regulations, and procedures concerning the privacy of applicants to 
federal government employment.
    7. Exceptions. The requirements of this Order are intended to be 
general in nature, and accordingly shall be construed and implemented 
consistent with more specific requirements of any statute, Executive 
Order, or other legal authority governing a particular board. In the 
event of a conflict, the specific statute, Executive Order, or other 
legal authority shall govern.
    8. Redelegation of Authority. Except as otherwise provided by law, 
all of the authorities delegated in this Order may be redelegated in 
order to serve the purposes of this Order.
    9. Effective Date. This order is effective immediately.

    Dated: June 1, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-16127 Filed 7-26-18; 8:45 am]
 BILLING CODE 4510-04-P

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