Procedures for Appointment of Administrative Law Judges for the Department of Labor, 44307-44308 [2018-18924]

Download as PDF 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] BILLING CODE 4510–FP–P VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 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. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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. E:\FR\FM\30AUN1.SGM 30AUN1 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 VerDate Sep<11>2014 17:25 Aug 29, 2018 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 http://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 http://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 Frm 00052 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30AUN1.SGM 30AUN1

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]


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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.
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    \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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    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