Procedures for Appointment of Administrative Law Judges for the Department of Labor, 44307-44308 [2018-18924]
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
the office listed in the FOR FURTHER
INFORMATION CONTACT section above.
DEPARTMENT OF LABOR
III. Current Actions
This revision request will allow ETA
to meet its statutory responsibilities
under the 2018 Act related to the H–2B
nonimmigrant temporary nonagricultural employment-based visa
program.
This information collection is 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 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 Department
obtains OMB approval for this
information collection under control
number 1205–0531.
Title of the Collection: Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
205 of Division M of the Consolidated
Appropriations Act, 2018 Public Law
115–141 (March 23, 2018).
Type of Review: Revision of a
Currently Approved Information
Collection.
Form: Form ETA–9142–B–CAA–2.
OMB Number: 1205–0531.
Affected Public: Private Sector
(businesses or other for-profits and notfor-profit institutions) and State, Local,
and Tribal Governments.
Total Estimated Annual Respondents:
5,177.
Annual Frequency: On occasion.
Total Estimated Annual Responses:
5,177.
Total Estimated Average Time per
Response: 1 hours.
Total Estimated Annual Burden
Hours: 5,177 hours.
Total Estimated Annual Cost for
Respondents: $0.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for OMB approval of the ICR;
they will also become a matter of public
record. Commenters are encouraged not
to submit sensitive information (e.g.,
confidential business information or
personally identifiable information such
as a social security number).
Rosemary Lahasky,
Deputy Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2018–18817 Filed 8–29–18; 8:45 am]
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Office of the Secretary
Procedures for Appointment of
Administrative Law Judges for the
Department of Labor
Subject: Secretary’s Order 07–2018.
1. Purpose. To provide for transparent
and consistent processes by which the
Secretary of Labor shall select and
appoint individuals to be
Administrative Law Judges (ALJs)
within the Department of Labor (DOL or
Department).
2. Authorities and Directives Affected.
A. Authorities. This Order is issued
pursuant to the following authorities:
i. U.S.C. art. II, § 2, cl. 2;
ii. 5 U.S.C. 3105;
iii. 5 CFR 6.2–6.4, 6.8;
iv. Executive Order Excepting
Administrative Law Judges from the
Competitive Service (July 10, 2018).
B. Directives Affected. This Order
does not affect the authorities and
responsibilities assigned by any other
Secretary’s Order or DLMS 10–100–205.
3. Background. The Secretary has the
authority and responsibility to appoint
the Department’s ALJs. 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 ALJs after the date
of this Order:
A. A notice of vacancy and
solicitation of applications shall be
posted in the Federal Register and/or on
the ALJ website or other appropriate
location for public notice. The vacancy
shall be held open for a minimum of
thirty days, during which applications
shall be accepted, and can be
continuous, if desired. The notice shall
specify: The minimum criteria for
appointment; the documentation an
applicant must submit for
consideration; the deadline, if any, by
which such documentation must be
submitted; and the email address and/
or physical address where
documentation may be submitted.
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44307
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 submitted
all required documentation and meets
the minimal qualifications for the
position.
C. OER will deliver qualified
applications to an interview panel
consisting of the Department’s Chief
Administrative Law Judge, Chief Human
Capital Officer, the Assistant Secretary
for Policy, and a Member of the
Employees’ Compensation Appeals
Board (ECAB). If any of the positions
required for the review panel are vacant,
the Secretary will select an alternative
from the members of the Department’s
Senior Executive Service (SES). The
Department’s Director for the Office of
Executive Resources, or designee, shall
be present for each meeting of the panel.
D. The interview panel or their
designees will review and rank the
qualified applications taking into
account needs of the agency. The panel
will then interview the top-ranked
candidates for the open position(s) and
forward their recommended candidates
to the Deputy Secretary.
E. The Deputy Secretary in
consultation with a career ethics
attorney from the Office of the Solicitor
will provide the Secretary with the
recommended candidate(s) for
appointment as well as resumes of the
other top-ranked candidates interviewed
but not recommended.
F. The Secretary shall make the final
decision and appointment, or may
instead order another candidate search
be completed.
6. Qualifications. The notice of
vacancy and solicitation for application
shall require the following minimum
qualifications but may also contain
others: A J.D. from an accredited law
school; licensure and authorization to
practice law under the laws of a state,
the District of Columbia, the
Commonwealth of Puerto Rico, or any
territorial court established under the
U.S. Constitution; an ‘‘active’’ 1 bar
status and/or membership in ‘‘good
standing’’ for at least ten years total in
at least one jurisdiction in which the
applicant is admitted; seven years of
relevant litigation or administrative law
experience; and knowledge of statutes
enforced by the Department of Labor,
1 Judicial status is acceptable in lieu of ‘‘active’’
status in States that prohibit sitting judges from
maintaining ‘‘active’’ status to practice law. Being
in ‘‘good standing’’ is acceptable in lieu of ‘‘active’’
status in jurisdictions where the licensing authority
considers ‘‘good standing’’ as having a current
license to practice law.
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44308
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
such as the Black Lung Benefits Act,
Service Contract Act, Longshore and
Harbor Workers’ Compensation Act,
Fair Labor Standards Act, whistleblower
protections enforced by the
Occupational Safety and Health
Administration, or knowledge of other
similar laws.
A. Relevant litigation experience can
include: Preparing for, participating in,
and/or conducting formal hearings,
trials, or appeals at the federal, state, or
local level; participating in settlement or
plea negotiations in advance of such
proceedings; hearing cases; preparing
opinions; participating in or conducting
arbitration, mediation, or other
alternative dispute resolution.
B. Relevant administrative law
experience is litigation experience in
cases initiated before a governmental
administrative body.
7. Appointments. Sitting ALJs and
ALJ candidates selected under this
Order are appointed Federal officers.
Appointment under this Order shall not
affect any other authority of the
Secretary.
8. Privacy. This Order is subject to the
applicable laws, regulations, and
procedures concerning the privacy of
applicants to federal government
employment.
9. 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 the Department’s
Office of Administrative Law Judges. In
the event of a conflict, the specific
statute, Executive Order, or other legal
authority shall govern.
10. 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.
11. Effective Date. This Order is
effective immediately. This Order does
not apply to ongoing ALJ hiring for
which an interim procedure has been
approved.
Dated: August 16, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018–18924 Filed 8–29–18; 8:45 am]
BILLING CODE 4510–04–P
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Jkt 244001
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–025 and 52–026; NRC–
2008–0252]
Southern Nuclear Operating Company,
Inc., Vogtle Electric Generating Plant,
Units 3 and 4; ITAAC for Pneumatic
Testing of VES Air Lines
Nuclear Regulatory
Commission.
ACTION: Exemption and combined
license amendment; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is granting an
exemption to allow a departure from the
certification information of Tier 1 of the
generic design control document (DCD)
and has issued License Amendment
Nos. 130 and 129 to Combined Licenses
(COLs), NPF–91 and NPF–92. The COLs
were issued to Southern Nuclear
Operating Company, Inc., and Georgia
Power Company, Oglethorpe Power
Corporation, MEAG Power SPVM, LLC,
MEAG Power SPVJ, LLC, MEAG Power
SPVP, LLC, and the City of Dalton,
Georgia (the licensee); for construction
and operation of the Vogtle Electric
Generating Plant (VEGP) Units 3 and 4,
located in Burke County, Georgia.
The granting of the exemption allows
the changes to Tier 1 information asked
for in the amendment. Because the
acceptability of the exemption was
determined in part by the acceptability
of the amendment, the exemption and
amendment are being issued
concurrently.
SUMMARY:
The exemption and amendment
were issued on July 10, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2008–0252 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252. Address
questions about NRC dockets to Jennifer
Borges telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
DATES:
PO 00000
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the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document. The request for the
amendment and exemption was
submitted by letter dated December 20,
2017 and available in ADAMS under
Accession No. ML17354A964
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Chandu Patel, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3025; email: Chandu.Patel@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is granting an exemption
from paragraph B of section III, ‘‘Scope
and Contents,’’ of appendix D, ‘‘Design
Certification Rule for the AP1000,’’ to
part 52 of title 10 of the Code of Federal
Regulations (10 CFR), and issuing
License Amendment Nos. 130 and 129
to COLs, NPF–91 and NPF–92, to the
licensee. The exemption is required by
paragraph A.4 of section VIII,
‘‘Processes for Changes and
Departures,’’ appendix D, to 10 CFR part
52 to allow the licensee to depart from
Tier 1 information. With the requested
amendment, the licensee sought
proposed changes that would revise the
Updated Final Safety Analysis Report in
the form of changes from the
incorporated plant-specific Design
Control Document (DCD) Tier 2
information. The proposed amendment
also involves related changes to plantspecific Tier 1 information, with
corresponding changes to the associated
COL Appendix C information.
Specifically, the licensee requested to
allow a pneumatic test to be used in lieu
a hydrostatic test for the Main Control
Room Emergency Habitability System
consistent with American Society of
Mechanical Engineers Boiler and
Pressure Vessel Code, Section III. Part of
the justification for granting the
exemption was provided by the review
of the amendment. Because the
exemption is necessary in order to issue
the requested license amendment, the
NRC granted the exemption and issued
the amendment concurrently, rather
than in sequence. This included issuing
a combined safety evaluation containing
the NRC staff’s review of both the
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]]>Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44307-44308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18924]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Procedures for Appointment of Administrative Law Judges for the
Department of Labor
Subject: Secretary's Order 07-2018.
1. Purpose. To provide for transparent and consistent processes by
which the Secretary of Labor shall select and appoint individuals to be
Administrative Law Judges (ALJs) within the Department of Labor (DOL or
Department).
2. Authorities and Directives Affected.
A. Authorities. This Order is issued pursuant to the following
authorities:
i. U.S.C. art. II, Sec. 2, cl. 2;
ii. 5 U.S.C. 3105;
iii. 5 CFR 6.2-6.4, 6.8;
iv. Executive Order Excepting Administrative Law Judges from the
Competitive Service (July 10, 2018).
B. Directives Affected. This Order does not affect the authorities
and responsibilities assigned by any other Secretary's Order or DLMS
10-100-205.
3. Background. The Secretary has the authority and responsibility
to appoint the Department's ALJs. 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 ALJs after the date of this Order:
A. A notice of vacancy and solicitation of applications shall be
posted in the Federal Register and/or on the ALJ website or other
appropriate location for public notice. The vacancy shall be held open
for a minimum of thirty days, during which applications shall be
accepted, and can be continuous, if desired. The notice shall specify:
The minimum criteria for appointment; the documentation an applicant
must submit for consideration; the deadline, if any, 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 submitted all required documentation and meets the
minimal qualifications for the position.
C. OER will deliver qualified applications to an interview panel
consisting of the Department's Chief Administrative Law Judge, Chief
Human Capital Officer, the Assistant Secretary for Policy, and a Member
of the Employees' Compensation Appeals Board (ECAB). If any of the
positions required for the review panel are vacant, the Secretary will
select an alternative from the members of the Department's Senior
Executive Service (SES). The Department's Director for the Office of
Executive Resources, or designee, shall be present for each meeting of
the panel.
D. The interview panel or their designees will review and rank the
qualified applications taking into account needs of the agency. The
panel will then interview the top-ranked candidates for the open
position(s) and forward their recommended candidates to the Deputy
Secretary.
E. The Deputy Secretary in consultation with a career ethics
attorney from the Office of the Solicitor will provide the Secretary
with the recommended candidate(s) for appointment as well as resumes of
the other top-ranked candidates interviewed but not recommended.
F. The Secretary shall make the final decision and appointment, or
may instead order another candidate search be completed.
6. Qualifications. The notice of vacancy and solicitation for
application shall require the following minimum qualifications but may
also contain others: A J.D. from an accredited law school; licensure
and authorization to practice law under the laws of a state, the
District of Columbia, the Commonwealth of Puerto Rico, or any
territorial court established under the U.S. Constitution; an
``active'' \1\ bar status and/or membership in ``good standing'' for at
least ten years total in at least one jurisdiction in which the
applicant is admitted; seven years of relevant litigation or
administrative law experience; and knowledge of statutes enforced by
the Department of Labor,
[[Page 44308]]
such as the Black Lung Benefits Act, Service Contract Act, Longshore
and Harbor Workers' Compensation Act, Fair Labor Standards Act,
whistleblower protections enforced by the Occupational Safety and
Health Administration, or knowledge of other similar laws.
---------------------------------------------------------------------------
\1\ Judicial status is acceptable in lieu of ``active'' status
in States that prohibit sitting judges from maintaining ``active''
status to practice law. Being in ``good standing'' is acceptable in
lieu of ``active'' status in jurisdictions where the licensing
authority considers ``good standing'' as having a current license to
practice law.
---------------------------------------------------------------------------
A. Relevant litigation experience can include: Preparing for,
participating in, and/or conducting formal hearings, trials, or appeals
at the federal, state, or local level; participating in settlement or
plea negotiations in advance of such proceedings; hearing cases;
preparing opinions; participating in or conducting arbitration,
mediation, or other alternative dispute resolution.
B. Relevant administrative law experience is litigation experience
in cases initiated before a governmental administrative body.
7. Appointments. Sitting ALJs and ALJ candidates selected under
this Order are appointed Federal officers. Appointment under this Order
shall not affect any other authority of the Secretary.
8. Privacy. This Order is subject to the applicable laws,
regulations, and procedures concerning the privacy of applicants to
federal government employment.
9. 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 the Department's Office of
Administrative Law Judges. In the event of a conflict, the specific
statute, Executive Order, or other legal authority shall govern.
10. 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.
11. Effective Date. This Order is effective immediately. This Order
does not apply to ongoing ALJ hiring for which an interim procedure has
been approved.
Dated: August 16, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-18924 Filed 8-29-18; 8:45 am]
BILLING CODE 4510-04-P
