Discretionary Review by the Secretary, 13024-13041 [2020-04017]

Download as PDF 13024 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations these products and perpetuate their fraud by moving to different companies or participating in more than one RTO or ISO. And, perhaps most egregiously, the Commission’s current regulations do not impose a duty of candor on Virtual/ FTR Participants, meaning that bad actors can lie with impunity, at least insofar as the Commission is concerned.5 The abandoned aspects of the NOPR would have addressed all three deficiencies, among others. 4. The Commission ‘‘declines to adopt’’ this Connected Entity Information aspect of the NOPR based only on its ‘‘appreciat[ion]’’ of the ‘‘difficulties of and burdens imposed by this aspect of the NOPR.’’ 6 That is hardly a reasoned explanation for why an unspecified burden outweighs the boon that Connected Entities Information would provide to the Commission’s ability to carry out its enforcement responsibilities. The Commission does note that it has transferred the record to a new docket for ‘‘possible consideration in the future as the Commission may deem appropriate.’’ 7 Unfortunately, there is every indication that it will languish there for the foreseeable future. 5. That is a shame. Without the Connected Entity Information, we are forcing the Commission’s Office of Enforcement to police the markets for manipulation with one arm tied behind its back. And despite the Office’s valiant efforts, that means that market participants are more likely to find themselves subject to a manipulative scheme than if we had proceeded to a final rule on these aspects of the NOPR. For these reasons, I respectfully dissent in part. lllllllllllllllllll Richard Glick, Commissioner. [FR Doc. 2020–03927 Filed 3–5–20; 8:45 am] lotter on DSKBCFDHB2PROD with RULES BILLING CODE 6717–01–P 5 In contrast, section 35.41(b) of the Commission’s regulations requires a Seller to ‘‘provide accurate and factual information and not submit false or misleading information, or omit material information, in any communication with the Commission,’’ market monitors, RTOs/ISOs, or jurisdictional transmission providers, unless the ‘‘Seller exercises due diligence to prevent such occurrences. Virtual/FTR Participants are not subject to this duty of candor. The Connected Entity portion of the NOPR proposed to add a new section 35.50(d) to the Commission’s regulations that would require the same candor from Virtual/FTR Participants in all of their communications with the Commission, Commission-approved market monitors, RTOs, ISOs, and jurisdictional transmission providers. NOPR, 156 FERC ¶ 61,045 at P 20. 6 Data Collection for Analytics and Surveillance and Market-Based Rate Purposes, 170 FERC ¶ 61,129, at P 44 (2020). 7 Id. P 45. VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Parts 641, 655, 656, 658, 667, 683, and 702 Office of the Secretary of Labor 29 CFR Parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96 Office of Labor-Management Standards 29 CFR Parts 417 and 471 Wage and Hour Division 29 CFR Parts 501 and 580 Occupational Health and Safety Administration 29 CFR Parts 1978 through 1988 Office of Federal Contract Compliance Programs 41 CFR Parts 50–203 and 60–30 RIN 1290–AA39 Discretionary Review by the Secretary Office of the Secretary Direct final rule. AGENCY: ACTION: The Department of Labor is issuing this direct final rule (DFR) to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals and to make technical changes to Departmental regulations governing the timing and finality of decisions of the Administrative Review Board and the Board of Alien Labor Certification Appeals to ensure consistency with the new discretionary review processes proposed in this rule and established in Secretary’s Order 01–2020. DATES: This direct final rule is effective April 20, 2020 unless significant adverse comment is submitted (transmitted, postmarked, or delivered) by April 6, 2020. If DOL receives significant adverse comment, the Agency will publish a timely withdrawal in the Federal Register informing the public that this DFR will not take effect (see Section III, direct final rulemaking, for more details on this process). Comments to this DFR and other information must be submitted (transmitted, postmarked, or delivered) by April 6, 2020. All submissions must SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 bear a postmark or provide other evidence of the submission date. ADDRESSES: You may send comments, identified by Regulatory Identification Number (RIN) 1290–AA39, by either one of the following methods: • Federal e-Rulemaking Portal: http:// www.regulations.gov. Follow the website instructions for submitting comments. To facilitate receipt and processing of comments, the Department encourages interested parties to submit their comments electronically. • Mail, hand delivery, express mail, courier service, or email. You may submit your comments and attachments to Mr. Thomas Shepherd, Clerk of the Appellate Boards, Room S–5220, 200 Constitution Avenue NW, Washington, DC 20210, or you may submit them by email to Shepherd.Thomas@dol.gov. The Office of the Clerk is open during business hours on all days except Saturdays, Sundays, and federal holidays, from 8:30 a.m. to 5:00 p.m., Eastern Time. Instructions: All submissions received must include the agency name and Regulatory Information Number (RIN) for this rulemaking. All comments received will generally be posted without change to http:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the Appellate Boards, at 202–693–6319 or Shepherd.Thomas@dol.gov. SUPPLEMENTARY INFORMATION: I. Background Two of the four review boards within the Department of Labor were created by voluntary delegations of authority by previous Secretaries of Labor. Specifically, the Administrative Review Board (ARB)—which has authority to hear appeals from the decisions of the Department’s Office of Administrative Law Judges (OALJ) about certain immigration, child labor, employment discrimination, federal construction/ service contracts, and other issues—and the Board of Alien Labor Certification Appeals (BALCA)—which has authority over appeals from the decisions of the Employment and Training Administration’s adjudication of foreign labor certification applications—were created, respectively, by a Secretary’s Order and by regulation. Their existence is neither compelled nor governed by statute. Notably, before the ARB was created in 1996, many of the types of cases now subject to its jurisdiction were decided directly by the Secretary. Each board was also entrusted with the E:\FR\FM\06MRR1.SGM 06MRR1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations power to issue final agency decisions in the name of the Secretary. Currently, the Secretary’s Order and regulations establishing the ARB and BALCA provide no mechanism by which the Secretary can review, where necessary, the decisions of the officers who exercise power on his behalf. To ensure that the Secretary has the ability to properly supervise and direct the actions of the Department, the Department proposes to establish systems of discretionary secretarial review over the decisions of the ARB and decisions of and appeals before BALCA, which will be accomplished through the proposed rule contained herein and the simultaneous issuance of a Secretary’s Order governing the ARB. The Department’s authority to effect these reforms derives from 5 U.S.C. 301, which authorizes the heads of agencies to regulate the internal operations of their departments, 5 U.S.C. 305, which provides for continuing review of agency operations, and the Secretary’s authority to administer the statutes and programs at issue in ARB and BALCA proceedings. In combination, these statutes establish many of the powers of the Department within the Office of the Secretary, and give the Secretary wide latitude to delegate those powers to his subordinates on the terms he deems appropriate. Thus, the Secretary has the power to delegate his authority to appropriately supervise the adjudicatory process within the Department, and is now exercising that same authority to assert his decision-making prerogatives duly assigned to him by Congress by modifying the terms on which the members of the ARB and BALCA exercise his delegated authority. The reforms to BALCA (and conforming edits to various Departmental regulations governing the ARB, BALCA, and the OALJ) preserve the existing structures by which the Department processes adjudications while giving the Secretary the option, in his sole discretion, to initiate review directly in a case where the Secretary’s involvement is necessary and appropriate. Again, Congress has assigned the administration of various statutes to the Secretary of Labor, meaning that the Secretary is obligated to ensure that those laws are administered, executed, interpreted, and enforced according to law and Executive Branch priorities and policies. Under these reforms, the Secretary will rely on the ARB and BALCA to assist in identifying cases where secretarial review may be warranted. Consistent with the practice of other agencies, the Department does not anticipate that the power of secretarial review will be used VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 often. The Department similarly anticipates that secretarial review— while completely within the Secretary’s discretion as the officer assigned to administer the laws in the first place— will typically be reserved for matters of significant importance. Finally, the Department will ensure that the secretarial review process will be accomplished in a manner that complies with any applicable legal requirements. Because of significant differences between how the ARB and BALCA operate, the proposed systems of review for each board are designed somewhat differently. Most importantly, whereas with respect to the ARB the Secretary will not exercise review over cases until after a decision has been rendered, the proposed regulations modifying BALCA’s authority would allow the Secretary to assume jurisdiction over most cases even before a decision has been issued. This is because BALCA processes significantly more cases each year than does the ARB, and, due to the nature of the temporary visa programs and DOL’s role in administering these programs, does so much more quickly than does the ARB. As a result, under the BALCA regulations, the Secretary will be able to initiate review of a case even before BALCA has issued a decision. The Department appreciates the expeditious nature of many types of BALCA proceedings, such as those involving temporary labor certification, and does not anticipate that the new system of secretarial review established over such cases will significantly disrupt or otherwise impede the way such cases are currently processed. As noted above, the Department expects that secretarial review over BALCA decisions will, as with agency head review at other departments, likely not be exercised often. Further, the proposed changes to 29 CFR 18.95 provide that a BALCA decision is the Secretary’s final administrative decision unless the Secretary assumes jurisdiction over the case. For example, once the BALCA issues a decision that grants a labor certification or remands for further processing, the private party in the case will be able to proceed immediately to the next step of the application process, and will only be delayed in doing so if the Secretary later decides to undertake review. Moreover, the revised 29 CFR 18.95 limits any potential uncertainty that may exist because of the possibility of secretarial review by placing strict time limits on when the Secretary will have the option of assuming jurisdiction over a case. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 13025 II. Consideration of Comments The Department will consider comment on issues related to this action. If the Department receives no significant adverse comment, the Department will publish a Federal Register document confirming the effective date of the DFR and withdrawing the companion Notice of Proposed Rulemaking (NPRM). Such confirmation may include minor stylistic or technical changes to the DFR. For the purpose of judicial review, the Department views the date of confirmation of the effective date of the DFR as the date of promulgation. III. Direct Final Rulemaking In direct final rulemaking, an agency publishes a DFR in the Federal Register, with a statement that the rule will go into effect unless the agency receives significant adverse comment within a specified period. The agency may publish an identical concurrent NPRM. If the agency receives no significant adverse comment in response to the DFR, the rule goes into effect. The Department plans to confirm the effective date of a DFR through a separate Federal Register document. If the agency receives a significant adverse comment, the agency will withdraw the DFR and treats such comment as a response to the NPRM. An agency typically uses direct final rulemaking when an agency anticipates that a rule will not be controversial. For purposes of this rulemaking, a significant adverse comment is one that explains: (1) Why the rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) Why the direct final rule will be ineffective or unacceptable without a change. In addition to publishing this DFR, the Department is publishing an NPRM in the Federal Register. The comment period for the NPRM runs concurrently with that of the DFR. The Department will treat comments received on the companion NPRM as comments also regarding the DFR. Similarly, the Department will consider comments submitted to the DFR as comment to the companion NPRM. Therefore, if the Department receives a significant adverse comment on either this DFR or the NPRM, it will withdraw this DFR and proceed with the companion NPRM. In the event the Department withdraws the DFR because of significant adverse comment, the Department will consider all timely comments received in response to the DFR when it continues with the NPRM. After carefully considering all E:\FR\FM\06MRR1.SGM 06MRR1 13026 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations lotter on DSKBCFDHB2PROD with RULES comments to the DFR and the NPRM, the Department will decide whether to publish a new final rule. The Department has determined that this rule is suitable for direct final rulemaking. The proposed revisions to the Department’s internal adjudicatory processes would establish a mechanism by which the Secretary can review cases pending before or decided by BALCA, and make other conforming amendments to Departmental regulations to align with this new system of discretionary review as well as the similar system of discretionary review established in Secretary’s Order 01–2020 over decisions of the ARB. These are rules of agency management and personnel and are entirely procedural changes to how officers within the Department of Labor exercise delegated authority on behalf of the Secretary; therefore, the Department is not required to engage in a notice and comment process to issue them. See 5 U.S.C. 553(a)(2), (b)(A). Indeed, the vast majority of the proposed changes are merely technical amendments to rules governing the manner in which the ARB issues decisions that are designed to eliminate any potential for confusion or ambiguity in light of the issuance of Secretary’s Order 01–2020. Further, discretionary review by an agency head over adjudicatory decisions exists in many other executive branch agencies, including at the Department of Justice, the Department of the Interior, and the Department of Education. The proposed rules are therefore consistent with wellknown and well-established models of internal agency review. In consequence, the proposed changes to the Department’s internal adjudicatory processes should not be controversial. IV. Discussion of Changes The Department proposes to revise several sections of the Code of Federal Regulations including 20 CFR parts 641, 655, 656, 658, 667, 683, and 702; 29 CFR parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96; 29 CFR part 471; 29 CFR parts 501 and 580; 29 CFR parts 1978–1988; and 41 CFR parts 50–203 and 60–30 to harmonize the manner in which the ARB issues decisions on behalf of the Secretary under the Department’s regulations with the scope of the final decision-making authority delegated to the ARB by the Secretary in Secretary’s Order 01–2020. Specifically, references to final decisions of the ARB have been modified or removed to ensure that no regulation contradicts the terms on which an ARB decision becomes final under the Secretary’s Order. Certain provisions governing the timing of petitions for review to the ARB and VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 when the ARB is required to issue decisions have also been amended to eliminate potential ambiguity or confusion over the distinction between when the ARB is required to issue a decision and when such decision becomes the final action of the Department pursuant to the Secretary’s Order. The Department also proposes to revise 29 CFR part 18 by modifying the conditions under which a decision of BALCA becomes the final decision of the Department and by creating a process by which the Secretary of Labor can exercise discretionary review over cases pending before or decided by the BALCA. Technical amendments are also proposed to 20 CFR parts 655 and 656 to harmonize the manner in which BALCA issues decisions on behalf of the Secretary with the new system of discretionary review established in 29 CFR part 18. The Department of Labor and the Department of Homeland Security (DHS) have determined that it is appropriate to issue a separate rule regarding the Secretary of Labor’s review authority over H–2B cases under 29 CFR 18.95 to address the same issues addressed by this rule in the H–2B context. It is the Departments’ intent to promulgate this separate rule after the publication of this rule. This determination follows conflicting court decisions concerning DOL’s authority to issue legislative rules on its own to carry out its duties in the H–2B program. Although DOL and DHS each have authority to issue rules implementing their respective duties in the H–2B program, the Departments plan to make the amendments to the applicable regulations jointly to ensure that there can be no question about the authority underlying such technical amendments. This approach is consistent with the joint rulemaking governing the Temporary NonAgricultural Employment of H–2B Aliens in the United States, 80 FR 24042 (Apr. 29, 2015) (codified at 8 CFR part 214, 20 CFR part 655, and 29 CFR part 503). In order to ensure that all parties appearing before the ARB and BALCA have fair notice of the new systems of discretionary review established in this rulemaking and in Secretary’s Order 01– 2020, the Secretary will not exercise his review authority over any decision of either Board issued before the passage of 30 calendar days from the date on which the rule becomes effective. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 V. Rulemaking Analyses and Notices Executive Orders 12866, Regulatory Planning and Review, and 13563, Improving Regulation and Regulatory Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule has been drafted and reviewed in accordance with Executive Order 12866. The Department of Labor, in coordination with the Office of Management and Budget (OMB), determined that this proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866 because the rule will not have an annual effect on the economy of $100 million or more; will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; and will not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof. Furthermore, the rule does not raise a novel legal or policy issue arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. Accordingly, OMB has waived review. Regulatory Flexibility Act of 1980 Because no notice of proposed rulemaking is required for this rule under section 553 of the Administrative Procedure Act, the regulatory flexibility analysis requirements of the Regulatory Flexibility Act, 5 U.S.C. 603, 604, do not apply to this rule. See 5 U.S.C. 601(2). Paperwork Reduction Act The Department has determined that this proposed rule is not subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., as this rulemaking does not involve any collections of information. See 5 CFR 1320.3(c). Unfunded Mandates Reform Act of 1995 and Executive Order 13132, Federalism The Department has reviewed this proposed rule in accordance with the requirements of Executive Order 13132 and the Unfunded Mandates Reform Act E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations of 1995, 2 U.S.C. 1501 et seq., and has found no potential or 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. As there is no Federal mandate contained herein that could result in increased expenditures by State, local, and tribal governments, or by the private sector, the Department has not prepared a budgetary impact statement. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments The Department has reviewed this proposed rule in accordance with Executive Order 13175 and has determined that it does not have ‘‘tribal implications.’’ The proposed rule 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.’’ Dated: February 21, 2020. Eugene Scalia, Secretary of Labor. Labor standards, State apprenticeship agencies. 20 CFR Part 683 29 CFR Part 38 Administrative practice and procedure, Compliance procedures, Obligations of recipients and governors, Workforce Innovation and Opportunity Act. Adjudication and judicial review, Administrative practice and procedure, Funding and closeout, Grievance procedures, complaints, and State appeal processes; Oversight and resolution of findings, Pay-forperformance contract strategies, Reporting and recordkeeping requirements, Rules, costs, and limitations, Sanctions, corrective actions, and waiver of liability, Workforce Innovation And Opportunity Act. 20 CFR Part 702 Administrative practice and procedure, Claims, Penalties, Reporting and recordkeeping requirements, Whistleblowing, Workers’ compensation. 29 CFR Part 2 Administrative practice and procedure, Claims, Courts, Government employees. List of Subjects Administrative practice and procedure, Government contracts, Minimum wages. 20 CFR Part 641 29 CFR Part 8 Administrative practice and procedure, Grievance procedure and appeals process, Senior Community Service Employment Program, Services to participants. Administrative practice and procedure, Government contracts, Minimum wages. 29 CFR Part 10 Administrative practice and procedure, Labor certification processes for temporary employment. Administrative practice and procedure, Construction industry, Government procurement, Law enforcement, Reporting and recordkeeping requirements, Wages. 20 CFR Part 656 29 CFR Part 13 Administrative practice and procedure, Fraud, Reporting and recordkeeping requirements, Wages. Administrative practice and procedure, Government contracts, Law enforcement, Reporting and recordkeeping requirements, Wages. 20 CFR Part 658 lotter on DSKBCFDHB2PROD with RULES requirements, Resolution of findings, Workforce Investment Act. 29 CFR Part 7 20 CFR Part 655 Administrative practice and procedure, Complaint system; Discontinuation of services, State workforce agency compliance, Federal application of remedial action to state workforce agencies, Wagner-Peyser Act Employment Service. 29 CFR Part 18 20 CFR Part 667 Administrative practice and procedure, Review of other proceedings and related matters, Review of wage determinations. Adjudication and Judicial Review, Administrative practice and procedure; Oversight and monitoring, Grievance procedures, complaints, and state appeal processes, Sanctions, corrective actions, and waiver of liability, Reporting and recordkeeping VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 13027 Administrative practice and procedure, Grievance procedure and appeals process, Senior Community Service Employment Program, Services to participants. 29 CFR Part 24 29 CFR Part 29 Administrative practice and procedure, Apprenticeship programs, PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 29 CFR Part 96 Administrative practice and procedure, Audit requirements, Grants, contracts, and other agreements. 29 CFR Part 417 Labor management standards, Procedures for removal of local labor organization officers. 29 CFR Part 471 Administrative practice and procedure, Complaint procedures, Compliance review, Contractor obligations, Federal labor law. 29 CFR Part 501 Administrative practice and procedure, Contract obligations; Enforcement, Immigration and Nationality Act, Temporary alien agricultural workers. 29 CFR Part 580 Administrative practice and procedure, Assessing and contesting, Civil money penalties. 29 CFR Part 1978 Administrative practice and procedure; Employee protection; Findings, Investigations, Litigation, Retaliation complaints, Surface Transportation Assistance Act of 1982. 29 CFR Part 1979 Administrative practice and procedure, Employee protection, Findings, Litigation, Investigations, Retaliation complaints, Wendell H. Ford Aviation Investment and Reform Act for the 21st Century. 29 CFR Part 1980 Administrative practice and procedure, Employee protection, Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-Oxley Act of 2002. 29 CFR Part 1981 Administrative practice and procedure, Employee protection, Findings, Litigation, Investigations, Pipeline Safety Improvement Act of 2002, Retaliation complaints. 29 CFR Part 1982 Administrative practice and procedure, Employee protection, E:\FR\FM\06MRR1.SGM 06MRR1 13028 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations Federal Railroad Safety Act, Findings, Investigations, Litigation, National Transit Systems Security Act, Retaliation complaints. Title 20: Employees’ Benefits Employment and Training Administration PART 641—PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM 29 CFR Part 1983 Administrative practice and procedure, Consumer Product Safety Improvement Act of 2008, Employee protection, Findings, Investigations, Litigation, Retaliation complaints. 1. The authority citation for part 641 continues to read as follows: ■ Authority: 42 U.S.C. 3056 et seq.; Pub. L. 114–144, 130 Stat. 334 (Apr. 19, 2016). 2. In § 641.900, revise paragraph (e) to read as follows: 29 CFR Part 1984 ■ Administrative practice and procedure, Affordable Care Act, Employee protection, Findings, Investigations, Litigation, Retaliation complaints. § 641.900 What appeal process is available to an applicant that does not receive a grant? * 29 CFR Part 1985 Administrative practice and procedure, Consumer Financial Protection Act of 2010, Employee protection, Findings, Investigations, Litigation, Retaliation complaints. 29 CFR Part 1986 Administrative practice and procedure, Employee protection, Findings, Investigations, Litigation, Retaliation complaints, Seaman’s Protection Act. 29 CFR Part 1987 Administrative practice and procedure, Employee protection, FDA Food Safety Modernization Act, Findings, Investigations, Litigation, Retaliation complaints. 29 CFR Part 1988 Administrative practice and procedure, Employee protection, Findings, Investigations, Litigation, Moving Ahead for Progress in the 21st Century Act, Retaliation complaints. 41 CFR Part 50–203 § 641.920 What actions of the Department may a grantee appeal and what procedures apply to those appeals? Administrative practice and procedure, Government procurement, Minimum wages, Occupational safety and health. * 41 CFR Part 60–30 lotter on DSKBCFDHB2PROD with RULES Administrative practice and procedure, Equal opportunity, Executive Order 11246, Property management, Public contracts. For the reasons set forth in the preamble, the Department of Labor amends 20 CFR chapters V and VI, 29 CFR subtitle A and chapters IV, V, and XVII, and 41 CFR parts 50–203 and 60– 30 as follows: VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 * * * * (e) The decision of the ALJ constitutes final agency action unless, within 21 days of the decision, a party dissatisfied with the ALJ’s decision, in whole or in part, has filed a petition for review with the Administrative Review Board (ARB) (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. The mailing address for the ARB is 200 Constitution Ave. NW, Room N5404, Washington, DC 20210. The Department will deem any exception not specifically urged to have been waived. A copy of the petition for review must be sent to the grant officer at that time. If, within 30 days of the filing of the petition for review, the ARB does not notify the parties that the case has been accepted for review, then the decision of the ALJ constitutes final agency action. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. * * * * * ■ 3. In § 641.920, revise paragraph (d)(5) to read as follows: * * * * (d) * * * (5) The decision of the ALJ constitutes final agency action unless, within 21 days of the decision, a party dissatisfied with the ALJ’s decision, in whole or in part, has filed a petition for review with the ARB (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. The mailing address for the ARB is 200 Constitution Ave. NW, Room N5404, Washington, DC 20210. The Department will deem any exception not specifically argued to have been waived. A copy of PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 the petition for review must be sent to the grant officer at that time. If, within 30 days of the filing of the petition for review, the ARB does not notify the parties that the case has been accepted for review, then the decision of the ALJ constitutes final agency action. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES 4. The authority citation for part 655 continues to read as follows: ■ Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102– 232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103–206, 107 Stat. 2428; sec. 412(e), Pub. L. 105–277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107–296, 116 Stat. 2135, as amended; Pub. L. 109–423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C. 1806). Subpart A issued under 8 CFR 214.2(h). Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h). Subpart E issued under 48 U.S.C. 1806. Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 323(c), Pub. L. 103–206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 114–74 at section 701. Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Pub. L. 105–277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Pub. L. 114–74 at section 701. Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109–423, 120 Stat. 2900; and 8 CFR 214.2(h). 5. In § 655.171, revise paragraphs (a) and (b)(2) to read as follows: ■ § 655.171 Appeals. * * * * * (a) Administrative review. Where the employer has requested administrative review, within 5 business days after receipt of the ETA administrative file the ALJ will, on the basis of the written record and after due consideration of any written submissions (which may not include new evidence) from the parties involved or amici curiae, either affirm, reverse, or modify the CO’s E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations decision, or remand to the CO for further action. The decision of the ALJ must specify the reasons for the action taken and must be immediately provided to the employer, the CO, the OFLC Administrator and DHS by means normally assuring next-day delivery. (b) * * * (2) Decision. After a de novo hearing, the ALJ must affirm, reverse, or modify the CO’s determination, or remand to the CO for further action, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95. The decision of the ALJ must specify the reasons for the action taken and must be immediately provided to the employer, CO, OFLC Administrator, and DHS by means normally assuring next-day delivery. ■ 6. In § 655.181, revise paragraph (b)(3) to read as follows: § 655.181 Revocation. * * * * * (b) * * * (3) Appeal. An employer may appeal a Notice of Revocation, or a final determination of the OFLC Administrator after the review of rebuttal evidence, according to the appeal procedures of § 655.171. * * * * * ■ 7. In § 655.182, revise paragraph (f)(6) to read as follows: § 655.182 Debarment. * * * * * (f) * * * (6) ARB decision. The ARB’s decision must be issued within 90 days from the notice granting the petition and served upon all parties and the ALJ. If the ARB fails to issue a decision within 90 days from the notice granting the petition, the ALJ’s decision will be the final agency decision. * * * * * ■ 8. In § 655.183, revise paragraph (c) to read as follows: § 655.183 Less than substantial violations. lotter on DSKBCFDHB2PROD with RULES * * * * * (c) Failure to comply with special procedures. If the OFLC Administrator determines that the employer has failed to comply with special procedures required pursuant to paragraph (a) of this section, the OFLC Administrator will send a written notice to the employer, stating that the employer’s otherwise affirmative H–2A certification determination will be reduced by 25 percent of the total number of H–2A workers requested (which cannot be more than those requested in the previous year) for a period of 1 year. Notice of such a reduction in the VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 number of workers requested will be conveyed to the employer by the OFLC Administrator in the OFLC Administrator’s written certification determination. The notice will offer the employer an opportunity to request administrative review or a de novo hearing before an ALJ. If administrative review or a de novo hearing is requested, the procedures prescribed in § 655.171 will apply, provided that if the ALJ or the Secretary affirms the OFLC Administrator’s determination that the employer has failed to comply with special procedures required by paragraph (a) of this section, the reduction in the number of workers requested will be 25 percent of the total number of H–2A workers requested (which cannot be more than those requested in the previous year) for a period of 1 year. ■ 9. In § 655.461, revise paragraph (e) to read as follows: § 655.461 Administrative review. * * * * * (e) Scope of review. BALCA will, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, affirm, reverse, or modify the CO’s determination, or remand to the CO for further action. BALCA will reach this decision after due consideration of the documents in the Appeal File that were before the CO at the time of the CO’s determination, the request for review, and any legal briefs submitted. BALCA may not consider evidence not before the CO at the time of the CO’s determination, even if such evidence is in the Appeal File, request for review, or legal briefs. * * * * * ■ 10. In § 655.472, revise paragraph (b)(3) to read as follows: § 655.472 Revocation. * * * * * (b) * * * (3) Request for review. An employer may appeal a Notice of Revocation or a final determination of the OFLC Administrator after the review of rebuttal evidence to BALCA, according to the appeal procedures of § 655.461. * * * * * ■ 11. In § 655.473, revise paragraph (f)(6) to read as follows: § 655.473 Debarment. * * * * * (f) * * * (6) ARB Decision. The ARB’s decision must be issued within 90 calendar days from the notice granting the petition and served upon all parties and the ALJ. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 13029 12. In § 655.845, revise paragraphs (h) and (i) to read as follows: ■ § 655.845 What rules apply to appeal of the decision of the administrative law judge? * * * * * (h) The Board’s decision shall be issued within 180 calendar days from the date of the notice of intent to review. The Board’s decision shall be served upon all parties and the administrative law judge. (i) After the Board’s decision becomes final, the Board shall transmit the entire record to the Chief Administrative Law Judge for custody pursuant to § 655.850. PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES 13. The authority citation for part 656 continues to read as follows: ■ Authority: 8 U.S.C. 1182(a)(5)(A), 1182(p)(1); sec.122, Public Law 101–649, 109 Stat. 4978; and Title IV, Public Law 105–277, 112 Stat. 2681. 14. In § 656.27, revise paragraph (c) to read as follows: ■ § 656.27 Consideration by and decisions of the Board of Alien Labor Certification Appeals. * * * * * (c) Review on the record. The Board of Alien Labor Certification Appeals must review a denial of labor certification under § 656.24, a revocation of a certification under § 656.32, or an affirmation of a prevailing wage determination under § 656.41 on the basis of the record upon which the decision was made, the request for review, and any Statements of Position or legal briefs submitted and, except in cases over which the Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, must: (1) Affirm the denial of the labor certification, the revocation of certification, or the affirmation of the PWD; or (2) Direct the Certifying Officer to grant the certification, overrule the revocation of certification, or overrule the affirmation of the PWD; or (3) Direct that a hearing on the case be held under paragraph (e) of this section. * * * * * PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE 15. The authority citation for part 658 continues to read as follows: ■ E:\FR\FM\06MRR1.SGM 06MRR1 13030 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations Authority: Secs. 189, 503, Pub. L. 113–128, 128 Stat. 1425 (Jul. 22, 2014); 29 U.S.C. chapter 4B. 16. In § 658.711, revise paragraph (b) to read as follows: ■ § 658.711 Decision of the Administrative Review Board. * * * * * (b) The decision of the Administrative Review Board must be in writing, and must set forth the factual and legal basis for the decision. After the Board’s decision becomes final, notice of the decision must be published in the Federal Register, and copies must be made available for public inspection and copying. PART 667—ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT 17. The authority citation for part 667 continues to read as follows: ■ Authority: Subtitle C of Title I, Sec. 506(c), Pub. L. 105–220, 112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258. 18. In § 667.830, revise paragraph (b) to read as follows: ■ § 667.830 When will the Administrative Law Judge issue a decision? * * * * (b) The decision of the ALJ constitutes final agency action unless, within 20 days of the decision, a party dissatisfied with the ALJ’s decision has filed a petition for review with the Administrative Review Board (ARB) (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged is deemed to have been waived. A copy of the petition for review must be sent to the opposing party at that time. Thereafter, the decision of the ALJ constitutes final agency action unless the ARB, within 30 days of the filing of the petition for review, notifies the parties that the case has been accepted for review. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. lotter on DSKBCFDHB2PROD with RULES * PART 683—ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT 19. The authority citation for part 683 continues to read as follows: ■ VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 Authority: Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167, 169, 171, 181, 185, 189, 195, 503, Public Law 113–128, 128 Stat. 1425 (Jul. 22, 2014). 20. In § 683.830, revise paragraph (b) to read as follows: ■ § 683.830 When will the Administrative Law Judge issue a decision? * * * * * (b) The decision of the ALJ constitutes final agency action unless, within 20 days of the decision, a party dissatisfied with the ALJ’s decision has filed a petition for review with the Administrative Review Board (ARB) (established under Secretary’s Order No. 01–2020), specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically raised in the petition is deemed to have been waived. A copy of the petition for review also must be sent to the opposing party and if an applicant or recipient, to the Grant Officer and the Grant Officer’s Counsel at the time of filing. Unless the ARB, within 30 days of the filing of the petition for review, notifies the parties that the case has been accepted for review, the decision of the ALJ constitutes final agency action. In any case accepted by the ARB, a decision must be issued by the ARB within 180 days of acceptance. If a decision is not so issued, the decision of the ALJ constitutes final agency action. Office of Workers’ Compensation Programs Longshoremen’s and Harbor Workers’ Compensation Act and Related Statutes must be served upon all parties to the proceeding. (f) Based upon a review of the record and the recommended decision of the administrative law judge, the Administrative Review Board will issue a decision. ■ 23. Revise § 702.434 to read as follows: § 702.434 Judicial review. (a) Any physician, health care provider, or claims representative who participated as a party in the hearing may obtain review of the Department’s final decision made by the Administrative Review Board or the Secretary, as appropriate, regardless of the amount of controversy, by commencing a civil action within sixty (60) days after the decision is transmitted to him or her. The pendency of such review will not stay the effect of the decision. Such action must be brought in the Court of Appeals of the United States for the judicial circuit in which the plaintiff resides or has his or her principal place of business, or the Court of Appeals for the District of Columbia pursuant to section 7(j)(4) of the Act, 33 U.S.C. 907(j)(4). (b) As part of the Department’s answer, the Administrative Review Board must file a certified copy of the transcript of the record of the hearing, including all evidence submitted in connection therewith. (c) The findings of fact contained in the Department’s final decision, if based on substantial evidence in the record as a whole, shall be conclusive. PART 702—ADMINISTRATION AND PROCEDURE Title 29: Labor 21. The authority citation for part 702 continues to read as follows: PART 2—GENERAL REGULATIONS ■ Authority: 5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114–74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary’s Order 10– 2009, 74 FR 58834. Office of the Secretary of Labor 24. The authority citation for part 2 continues to read as: ■ Authority: 5 U.S.C. 301; Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258; Executive Order 13559, 75 FR 71319, 3 CFR 2011 Comp., p. 273. 22. In § 702.433, revise paragraphs (e) and (f) to read as follows: ■ § 702.433 Final agency decisions issued under the statutory authority of the U.S. Department of Labor may be issued by the Secretary of Labor, or by his or her designee under a written delegation of authority. The Administrative Review Board, an organizational entity within the Office of the Secretary, has been delegated authority to issue final agency decisions under the statutes, executive orders, and regulations according to, ■ Requests for hearing. * * * * * (e) The administrative law judge will issue a recommended decision after the termination of the hearing. The recommended decision must contain appropriate findings, conclusions, and a recommended order and be forwarded, together with the record of the hearing, to the Administrative Review Board for a decision. The recommended decision PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 25. Revise § 2.8 to read as follows: § 2.8 E:\FR\FM\06MRR1.SGM Final agency decisions. 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations § 10.57 Administrative Review Board proceedings. and except as provided in Secretary’s Order 01–2020. PART 7—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS 26. The authority citation for part 7 continues to read as: ■ Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 301; 3 CFR, 1949–1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40 U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755. 27. In § 7.1, revise paragraph (d) to read as follows: ■ § 7.1 Purpose and scope. * * * * * (d) In considering the matters within the scope of its jurisdiction the Board shall act as the authorized representative of the Secretary of Labor. The Board shall act as fully and finally as might the Secretary of Labor concerning such matters, except as provided in Secretary’s Order 01–2020. * * * * * PART 8—PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL SERVICE CONTRACTS 28. The authority citation for part 8 continues to read as: ■ Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86 Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357–359, 40 U.S.C. 327–332. 29. In § 8.1, revise paragraph (c) to read as follows: ■ § 8.1 Purpose and scope. * * * * * (c) In considering the matters within the scope of its jurisdiction the Board shall act as the authorized representative of the Secretary of Labor and shall act as fully and finally as might the Secretary of Labor concerning such matters, except as provided in Secretary’s Order 01–2020. * * * * * PART 10—ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS 30. The authority citation for part 10 continues to read as follows: lotter on DSKBCFDHB2PROD with RULES ■ Authority: 5 U.S.C. 301; section 2, E.O. 13838, 83 FR 25341; section 4, E.O. 13658, 79 FR 9851; Secretary’s Order 01–2014, 79 FR 77527. ■ 31. Revise § 10.57 to read as follows: VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 (a) Authority—(1) General. The Administrative Review Board has jurisdiction to hear and decide in its discretion appeals concerning questions of law and fact from investigative findings letters of the Administrator issued under § 10.51(c)(1) or (2), Administrator’s rulings issued under § 10.58, and decisions of Administrative Law Judges issued under § 10.55. (2) Limit on scope of review. (i) The Board shall not have jurisdiction to pass on the validity of any provision of this part. The Board is an appellate body and shall decide cases properly before it on the basis of substantial evidence contained in the entire record before it. The Board shall not receive new evidence into the record. (ii) The Equal Access to Justice Act, as amended, does not apply to proceedings under this part. Accordingly, the Administrative Review Board shall have no authority to award attorney’s fees and/or other litigation expenses pursuant to the provisions of the Equal Access to Justice Act for any proceeding under this part. (b) Decisions. The Board’s decision shall be issued within a reasonable period of time following receipt of the petition for review and shall be served upon all parties by mail to the last known address and on the Chief Administrative Law Judge (in cases involving an appeal from an Administrative Law Judge’s decision). (c) Orders. If the Board concludes a violation occurred, an order shall be issued mandating action to remedy the violation, including, but not limited to, monetary relief for unpaid wages. Where the Administrator has sought imposition of debarment, the Board shall determine whether an order imposing debarment is appropriate. The ARB’s order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. PART 13—ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS 13031 of law and fact from investigative findings letters of the Administrator issued under § 13.51(c)(1) or the final sentence of § 13.51(c)(2)(ii), Administrator’s rulings issued under § 13.58, and decisions of Administrative Law Judges issued under § 13.55. (2) Limit on scope of review. (i) The Administrative Review Board shall not have jurisdiction to pass on the validity of any provision of this part. The Administrative Review Board is an appellate body and shall decide cases properly before it on the basis of substantial evidence contained in the entire record before it. The Administrative Review Board shall not receive new evidence into the record. (ii) The Equal Access to Justice Act, as amended, does not apply to proceedings under this part. Accordingly, the Administrative Review Board shall have no authority to award attorney’s fees and/or other litigation expenses pursuant to the provisions of the Equal Access to Justice Act for any proceeding under this part. (b) Decisions. The Administrative Review Board’s decision shall be issued within a reasonable period of time following receipt of the petition for review and shall be served upon all parties by mail to the last known address and on the Chief Administrative Law Judge (in cases involving an appeal from an Administrative Law Judge’s decision). (c) Orders. If the Board concludes a violation occurred, an order shall be issued mandating action to remedy the violation, including, but not limited to, any monetary or equitable relief described in § 13.44. Where the Administrator has sought imposition of debarment, the Administrative Review Board shall determine whether an order imposing debarment is appropriate. The ARB’s order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. PART 18—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES 34. The authority citation for part 18 continues to read as follows: ■ 32. The authority citation for part 13 continues to read as follow: ■ Authority: 5 U.S.C. 301; E.O. 13706, 80 FR 54697, 3 CFR, 2016 Comp., p. 367; Secretary’s Order 01–2014, 79 FR 77527. Authority: 5 U.S.C. 301; 5 U.S.C. 551–553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292. ■ 33. Revise § 13.57 to read as follows: § 13.57 Administrative Review Board proceedings. (a) Authority—(1) General. The Administrative Review Board has jurisdiction to hear and decide in its discretion appeals concerning questions PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 ■ 35. Revise § 18.95 to read as follows: § 18.95 Review of decision and review by the Secretary. (a) Review. The statute or regulation that conferred hearing jurisdiction provides the procedure for review of a judge’s decision. If the statute or regulation does not provide a procedure, E:\FR\FM\06MRR1.SGM 06MRR1 lotter on DSKBCFDHB2PROD with RULES 13032 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations the judge’s decision becomes the Secretary’s final administrative decision, except as provided in paragraph (b) of this section. (b) Finality. A decision of the Board of Alien Labor Certification Appeals (BALCA) shall constitute the Secretary’s final administrative decision except in those cases over which the Secretary has, in accordance with this paragraph (b) and paragraph (c) of this section, assumed jurisdiction: (1) In any case for which administrative review is sought or handled in accordance with 20 CFR 655.171(a) or 20 CFR 655.461, at any point from when the BALCA receives a request for review until the passage of 10 business days after the date on which BALCA has issued its decision. (2) In any case for which a de novo hearing is sought or handled under 20 CFR 655.171(b), at any point within 15 business days after the date on which the BALCA has issued its decision. (3) In any case for which review is sought or handled in accordance with 20 CFR 656.26 and 20 CFR 656.27, at any point from when the BALCA receives a request for review until the passage of 30 business days after the BALCA has issued its decision. (c) Review by the Secretary—(1) Transmission of information. (i) Whenever the BALCA receives a request for review, it shall immediately transmit a copy of such request to the Deputy Secretary. (ii) Within 3 business days of when the BALCA issues a decision, the Chair of the BALCA, or his or her designee, shall transmit to the Deputy Secretary a copy of the decision and a concise recommendation as to whether the decision involves an issue or issues of such exceptional importance that review by the Secretary is warranted. (2) Review. (i) The Secretary may, at any point within the time periods provided for in paragraph (b) of this section, and in his or her sole discretion, assume jurisdiction to review the decision or determination of the Certifying Officer, the Office of Foreign Labor Certification Administrator, the National Prevailing Wage Center Director, or the BALCA, as the case may be. (ii) When the Secretary assumes jurisdiction over a case, the Secretary shall promptly notify the BALCA. The BALCA shall promptly notify the parties to the case of such action and shall submit the Appeal File and any briefs filed to the Secretary. (iii) In any case the Secretary decides, the Secretary’s decision shall be stated in writing and transmitted to the BALCA, which shall promptly transmit VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 it to the parties to the case. Such decision shall constitute final action by the Department and shall serve as binding precedent on all Department employees and in all Department proceedings involving the same issue or issues. (iv) The Solicitor of Labor, or his or her designee, shall have the responsibility for providing legal advice to the Secretary with respect to the Secretary’s exercise of review under this section, except that no individual involved in the investigation or prosecution of a case shall advise the Secretary on the exercise of review with respect to such case or a case involving a common nucleus of operative fact. PART 24—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS AMENDED 36. The authority citation for part 24 is revised to read as follows: ■ Authority: 15 U.S.C. 2622; 33 U.S.C. 1367; 42 U.S.C. 300j–9(i)BVG, 5851, 6971, 7622, 9610; Secretary’s Order No. 5–2007, 72 FR 31160 (June 5, 2007); Secretary’s Order No. 01–2020. 37. In § 24.110, revise paragraphs (a), (c), and (d) to read as follows: ■ § 24.110 Decisions and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210. The decision of the ALJ will become the final order of the Secretary unless, pursuant to this section, a timely petition for review is filed with the ARB and the ARB accepts the case for review. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections will ordinarily be deemed waived. A petition must be filed within 10 business days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or email communication will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 90 days of the filing of the complaint. The decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the order will order the respondent to take appropriate affirmative action to abate the violation, including reinstatement of the complainant to that person’s former position, together with the compensation (including back pay), terms, conditions, and privileges of employment, and compensatory damages. In cases arising under the Safe Drinking Water Act or the Toxic Substances Control Act, exemplary damages may also be awarded when appropriate. At the request of the complainant, the ARB will assess against the respondent all costs and expenses (including attorney’s fees) reasonably incurred. * * * * * ■ 38. Revise § 24.112 to read as follows: § 24.112 Judicial Review. (a) Except as provided under paragraphs (b) through (d) of this section, within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. A final order of the ARB (or a decision issued by the Secretary upon his or her discretionary review) is not subject to judicial review in any criminal or other civil proceeding. (b) Under the Federal Water Pollution Control Act, within 120 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. (c) Under the Solid Waste Disposal Act, within 90 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. (d) Under the Comprehensive Environmental Response, Compensation and Liability Act, after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States district court in which the violation allegedly occurred. For purposes of judicial economy and consistency, when a final order under the Comprehensive Environmental Response, Compensation and Liability Act also is issued under any other statute listed in § 24.100(a), the adversely affected or aggrieved person may file a petition for review of the entire order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. The time for filing a petition for review of an order issued under the Comprehensive Environmental Response, Compensation and Liability Act and any other statute listed in § 24.100(a) is determined by the time period applicable under the other statute(s). (e) If a timely petition for review is filed, the record of a case, including the record of proceedings before the administrative law judge, will be transmitted by the ARB or the ALJ, as appropriate, to the appropriate court pursuant to the Federal Rules of Appellate Procedure and the local rules of the court. lotter on DSKBCFDHB2PROD with RULES PART 29—LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS 39. The authority citation for part 29 continues to read as follows: ■ Authority: Section 1, 50 Stat. 664, as amended (29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (5 U.S.C. App. P. 534). VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 40. In § 29.10, revise paragraph (c) to read as follows: ■ § 29.10 Hearings for deregistration. * * * * * (c) The Administrative Law Judge should issue a written decision within 90 days of the close of the hearing record. The Administrative Law Judge’s decision constitutes final agency action unless, within 15 days from receipt of the decision, a party dissatisfied with the decision files a petition for review with the Administrative Review Board, specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged is deemed to have been waived. A copy of the petition for review must be sent to the opposing party at the same time. Thereafter, the decision of the Administrative Law Judge remains final agency action unless the Administrative Review Board, within 30 days of the filing of the petition for review, notifies the parties that it has accepted the case for review. The Administrative Review Board may set a briefing schedule or decide the matter on the record. The Administrative Review Board must issue a decision in any case it accepts for review within 180 days of the close of the record. If a decision is not so issued, the Administrative Law Judge’s decision constitutes final agency action. ■ 41. In § 29.13, revise paragraph (g)(4) to read as follows: § 29.13 Recognition of State Apprenticeship Agencies. * * * * * (g) * * * (4) After the close of the period for filing exceptions and responses, the Administrative Review Board may issue a briefing schedule or may decide the matter on the record before it. The Administrative Review Board must decide any case it accepts for review within 180 days of the close of the record. If a decision is not so issued, the Administrative Law Judge’s decision constitutes final agency action. * * * * * ■ 42. In § 29.14, revise paragraph (c)(3) to read as follows: 13033 Administrative Review Board. The Administrative Review Board must issue a decision in any case it accepts for review within 180 days of the close of the record. If a decision is not so issued, the Administrative Law Judge’s decision constitutes final agency action. * * * * * PART 38—IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT 43. The authority citation for part 38 continues to read as follows: ■ Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C. 2000d et seq.; 29 U.S.C. 794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq. 44. In § 38.112, revise paragraph (b)(1)(viii) and remove paragraph (b)(3). The revision reads as follows: ■ § 38.112 Initial and final decision procedures. * * * * * (b) * * * (1) * * * (viii) Decision and Order after review by Administrative Review Board. In any case reviewed by the Administrative Review Board under this paragraph, a decision must be issued within 180 days of the notification of such review. If the Administrative Review Board fails to issue a decision and order within the 180–day period, the initial decision and order of the Administrative Law Judge becomes the Final Decision and Order. * * * * * ■ 45. In § 38.113, revise paragraph (c) to read as follows: § 38.113 Post-termination proceedings. § 29.14 Derecognition of State Apprenticeship Agencies. * * * * (c) A decision issued by the Administrative Review Board has become final, the Administrative Law Judge’s decision and order has become the Final Agency Decision, or the Final Determination or Notification of Conciliation Agreement has been deemed the Final Agency Decision, under § 38.112(b); and * * * * * ■ 46. In § 38.115, revise paragraph (c)(5) to read as follows: * § 38.115 * * * * (c) * * * (3) Requests a hearing. The Administrator shall refer the matter to the Office of Administrative Law Judges. An Administrative Law Judge will convene a hearing in accordance with § 29.13(g) and submit proposed findings and a recommended decision to the PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 * Post-termination proceedings. * * * * * (c) * * * (5) The Administrative Review Board must issue a decision denying or granting the recipient’s or grant applicant’s request for restoration to eligibility. E:\FR\FM\06MRR1.SGM 06MRR1 13034 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations PART 96—AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS 47. The authority citation for part 96 continues to read as follows: ■ Authority: 31 U.S.C. 7501 et seq. and OMB Circular No. A–133, as amended. 48. In § 96.63, revise paragraph (b)(5) to read as follows: ■ § 96.63 Federal financial assistance. * * * * * (b) * * * (5) Review by the Administrative Review Board. In any case accepted for review by the Administrative Review Board, a decision shall be issued within 180 days of such acceptance. If a decision is not so issued, the decision of the Administrative Law Judge shall become the final decision of the Secretary. Office of Labor-Management Standards PART 417—OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS 49. The authority citation for part 417 is revised to read as follows: ■ Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 482); Secretary’s Order No. 03–2012, 77 FR 69376, November 16, 2012; Secretary’s Order No. 01–2020. PART 471—OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS 50. The authority citation for part 471 is revised to read as follows: ■ Authority: 40 U.S.C. 101 et seq.; Executive Order 13496, 74 FR 6107, February 4, 2009; Secretary’s Order No. 7–2009, 74 FR 58834, November 13, 2009; Secretary’s Order No. 01–2020. 51. In § 471.13, revise paragraph (b)(4) to read as follows: ■ § 471.13 Under what circumstances, and how, will enforcement proceedings under Executive Order 13496 be conducted? lotter on DSKBCFDHB2PROD with RULES * * * * * (b) * * * (4) After the expiration of time for filing exceptions, the Administrative Review Board may issue an administrative order, or may otherwise appropriately dispose of the matter. In an expedited proceeding, unless the Administrative Review Board issues an administrative order within 30 days after the expiration of time for filing exceptions, the Administrative Law VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 Judge’s recommended decision will become the final administrative order. If the Administrative Review Board determines that the contractor has violated the Executive Order or the regulations in this part, the administrative order will order the contractor to cease and desist from the violations, require the contractor to provide appropriate remedies, or, subject to the procedures in § 471.14, impose appropriate sanctions and penalties, or any combination thereof. Wage and Hour Division PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT 52. The authority citation for part 501 continues to read as follows: ■ Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114–74 at § 701. ■ 53. Revise § 501.45 to read as follows: § 501.45 Decision of the Administrative Review Board. The ARB’s decision shall be issued within 90 days from the notice granting the petition and served upon all parties and the ALJ. PART 580 CIVIL MONEY PENALTIES— PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES 54. The authority citation for part 580 continues to read as follows: ■ Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; Secretary’s Order 01–2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat. 938. ■ 55. Revise § 580.16 to read as follows: § 580.16 Decision of the Administrative Review Board. The Board’s decision shall be served upon all parties and the Chief Administrative Law Judge, in person or by mail to the last known address. Occupational Safety and Health Administration PART 1978—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED 56. The authority citation for part 1978 is revised to read as follows: ■ PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Authority: 49 U.S.C. 31101 and 31105; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order 01–2020. 57. In § 1978.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1978.110 Decisions and orders of the Administrative Review Board. (a) The Assistant Secretary or any other party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the Assistant Secretary and, in cases in which the Assistant Secretary is a party, on the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision also will be served on the Assistant Secretary, and on the Associate Solicitor, Division of Occupational Safety and Health, U.S, Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order, which will be subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020, will require, where appropriate: Affirmative action to abate the violation; reinstatement of the complainant to his or her former position with the same compensation, terms, conditions, and privileges of the E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations complainant’s employment; payment of compensatory damages (back pay with interest and compensation for any special damages sustained as a result of the retaliation, including any litigation costs, expert witness fees, and reasonable attorney fees the complainant may have incurred); and payment of punitive damages up to $250,000. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. Such order will be subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. * * * * * ■ 58. In § 1978.112, revise paragraph (a) to read as follows: § 1978.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the person resided on the date of the violation. * * * * * PART 1979—PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY 59. The authority citation for part 1979 continues to read as follows: ■ Authority: 49 U.S.C. 42121; Secretary’s Order No. 01–2020. 60. In § 1979.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ lotter on DSKBCFDHB2PROD with RULES § 1979.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the administrative law judge, or a named person alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney’s fees, must file a written petition for review with the Administrative Review Board (‘‘the Board’’). The decision of the Administrative Law Judge shall become the final order of the Secretary unless, pursuant to this section, a petition for review is timely filed with the Board. VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 The petition for review must specifically identify the findings, conclusions, or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the Administrative Law Judge. The date of the postmark, facsimile transmittal, or email communication will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. * * * * * (c) The decision of the Board shall be issued within 120 days of the conclusion of the hearing, which shall be deemed to be the conclusion of all proceedings before the Administrative Law Judge—i.e., 10 business days after the date of the decision of the Administrative Law Judge unless a motion for reconsideration has been filed with the Administrative Law Judge in the interim. The decision will be served upon all parties and the Chief Administrative Law Judge by mail to the last known address. The decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the party charged has violated the law, the ARB shall order the party charged to take appropriate affirmative action to abate the violation, including, where appropriate, reinstatement of the complainant to that person’s former position, together with the compensation (including back pay), terms, conditions, and privileges of that employment, and compensatory damages. At the request of the complainant, the Board shall assess against the named person all costs and expenses (including attorney and expert witness fees) reasonably incurred. The ARB’s order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 13035 (e) If the ARB concludes that the party charged has not violated the law, the ARB shall issue an order denying the complaint. If, upon the request of the named person, the Board determines that a complaint was frivolous or was brought in bad faith, the Board may award to the named person reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 61. In § 1979.112, revise paragraph (a) to read as follows: § 1979.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. A final order of the Secretary is not subject to judicial review in any criminal or other civil proceeding. * * * * * PART 1980—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED 62. The authority citation for part 1980 is revised to read as follows: ■ Authority: 18 U.S.C. 1514A, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111–203 (July 21, 2010); Secretary’s Order No. 01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01–2020. 63. In § 1980.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1980.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the E:\FR\FM\06MRR1.SGM 06MRR1 lotter on DSKBCFDHB2PROD with RULES 13036 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB shall be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing all relief necessary to make the complainant whole, including reinstatement with the same seniority status that the complainant would have had but for the retaliation; back pay with interest; and compensation for any special damages sustained as a result of the retaliation, including litigation costs, expert witness fees, and reasonable attorney fees. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01– 2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 64. In § 1980.112, revise paragraph (a) to read as follows: ■ § 1980.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1981—PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002 65. The authority citation for part 1981 continues to read as follows: ■ Authority: 49 U.S.C. 60129; Secretary’s Order No. 01–2020. 66. In § 1981.110, revise paragraphs (a), (c), (d), and (e) as follows: ■ § 1981.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the Administrative Law Judge, or a named person alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney’s fees, must file a written petition for review with the Administrative Review Board (‘‘the Board’’). The decision of the Administrative Law Judge will become the final order of the Secretary unless, pursuant to this section, a petition for review is timely filed with the Board. The petition for review must specifically identify the findings, conclusions, or orders to which exception is taken. Any exception not specifically urged ordinarily will be deemed to have been waived by the parties. To be effective, a petition must be filed within 10 business days of the date of the decision of the Administrative Law Judge. The date of the postmark, facsimile transmittal, or email communication will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. * * * * * (c) The decision of the Board shall be issued within 90 days of the conclusion of the hearing, which will be deemed to be the conclusion of all proceedings before the Administrative Law Judge— i.e., 10 business days after the date of the decision of the Administrative Law Judge unless a motion for reconsideration has been filed with the Administrative Law Judge in the interim. The decision will be served upon all parties and the Chief Administrative Law Judge by mail to the last known address. The decision will also be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the party charged has violated the law, the ARB shall order the party charged to take appropriate affirmative action to abate the violation, including, where appropriate, reinstatement of the complainant to that person’s former position, together with the compensation (including back pay), terms, conditions, and privileges of that employment, and compensatory damages. At the request of the complainant, the Board shall assess against the named person all costs and expenses (including attorney and expert witness fees) reasonably incurred. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the party charged has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the named person, the Board determines that a complaint was frivolous or was brought in bad faith, the Board may award to the named person reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 67. In § 1981.112, revise paragraph (a) to read as follows: § 1981.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. A final order of the Secretary is not subject to judicial review in any criminal or other civil proceeding. * * * * * PART 1982—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL RAILROAD SAFETY ACT 68. The authority citation for part 1982 is revised to read as follows: ■ Authority: 6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary’s Order 01–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01–2020. 69. In § 1982.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ lotter on DSKBCFDHB2PROD with RULES § 1982.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint under NTSSA was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is denied or 14 days after a new decision is issued. The ARB’s decision will be served upon VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 all parties and the Chief Administrative Law Judge by mail. The decision also will be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will include, where appropriate, affirmative action to abate the violation; reinstatement with the same seniority status that the employee would have had but for the retaliation; any back pay with interest; and payment of compensatory damages, including compensation for any special damages sustained as a result of the retaliation, including litigation costs, expert witness fees, and reasonable attorney fees. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit documentation to the Social Security Administration or the Railroad Retirement Board, as appropriate, allocating any back pay award to the appropriate months or calendar quarters. The order may also require the respondent to pay punitive damages up to $250,000. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint under NTSSA was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 70. In § 1982.112, revise paragraph (a) to read as follows: § 1982.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 13037 PART 1983—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008 71. The authority citation for part 1983 is revised to read as follows: ■ Authority: 15 U.S.C. 2087; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order 01–2020. 72. In § 1983.110, revise paragraphs (a), (c), (d), and (e) as follows: ■ § 1983.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney’s fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will E:\FR\FM\06MRR1.SGM 06MRR1 13038 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent a reasonable attorney’s fee, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 73. In § 1983.112, revise paragraph (a) to read as follows: § 1983.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. PART 1984—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT 74. The authority citation for part 1984 is revised to read as follows: ■ Authority: 29 U.S.C. 218C; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 75. In § 1984.110, revise paragraphs (a), (c), (d), and (e) as follows: lotter on DSKBCFDHB2PROD with RULES ■ § 1984.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 in bad faith who seeks an award of attorney fees, must file a written petition for review with the Administrative Review Board (ARB). The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to the complainant’s former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 documentation to the Social Security Administration allocating any back pay award to the appropriate period. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 76. In § 1984.112, revise paragraph (a) to read as follows: § 1984.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1985—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION ACT OF 2010 77. The authority citation for part 1985 is revised to read as follows: ■ Authority: 12 U.S.C. 5567; Secretary’s Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 78. In § 1985.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1985.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic E:\FR\FM\06MRR1.SGM 06MRR1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 79. In § 1985.112, revise paragraph (a) to read as follows: § 1985.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1986—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN’S PROTECTION ACT (SPA), AS AMENDED 80. The authority citation for part 1986 is revised to read as follows: ■ Authority: 46 U.S.C. 2114; 49 U.S.C. 31105; Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01–2020. 81. In § 1986.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1986.110 Decisions and orders of the Administrative Review Board. (a) The Assistant Secretary or any other party desiring to seek review, including judicial review, of a decision of the ALJ must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review and all briefs must be served on the Assistant Secretary and, in cases in which the Assistant Secretary is a party, on the Associate Solicitor, Division of Occupational PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 13039 Safety and Health, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision also will be served on the Assistant Secretary and on the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, with the same compensation, terms, conditions, and privileges of the complainant’s employment; payment of compensatory damages (back pay with interest and compensation for any special damages sustained as a result of the retaliation, including any litigation costs, expert witness fees, and reasonable attorney fees the complainant may have incurred); and payment of punitive damages up to $250,000. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 82. In § 1986.112, revise paragraph (a) to read as follows: § 1986.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the court of appeals of the United States for the circuit in which the violation allegedly occurred or the E:\FR\FM\06MRR1.SGM 06MRR1 13040 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations circuit in which the complainant resided on the date of the violation. * * * * * PART 1987—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT 83. The authority citation for part 1987 is revised to read as follows: ■ Authority: 21 U.S.C. 399d; Secretary’s Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 84. In § 1987.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ lotter on DSKBCFDHB2PROD with RULES § 1987.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the date of the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case the conclusion of the hearing is the date the motion for reconsideration is denied or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 85. In § 1987.112, revise paragraph (a) to read as follows: § 1987.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * PART 1988—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT (MAP–21) 86. The authority citation for part 1988 is revised to read as follows: ■ PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Authority: 49 U.S.C. 30171; Secretary’s Order No. 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary’s Order No. 01– 2020. 87. In § 1988.110, revise paragraphs (a), (c), (d), and (e) to read as follows: ■ § 1988.110 Decision and orders of the Administrative Review Board. (a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. * * * * * (c) The decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB’s decision will be served upon all parties and the Chief Administrative Law Judge by mail. The decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party. (d) If the ARB concludes that the respondent has violated the law, the ARB will issue an order providing relief to the complainant. The order will require, where appropriate, affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant’s employment; and payment of E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Such order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. (e) If the ARB concludes that the respondent has not violated the law, the ARB will issue an order denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. An order under this section is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020. ■ 88. In § 1988.112, revise paragraph (a) to read as follows: § 1988.112 Judicial review. (a) Within 60 days after the issuance of a final order (including a decision issued by the Secretary upon his or her discretionary review) for which judicial review is available, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation. * * * * * Title 41: Public Contracts and Property Management Office of Federal Contract Compliance Programs PART 50–203—RULES OF PRACTICE 89. The authority citation for part 50– 203 continues to read as follows: ■ Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38, unless otherwise noted. 90. In § 50–203.21, revise paragraph (d) to read as follows: lotter on DSKBCFDHB2PROD with RULES ■ § 50–203.21 * * * * (d) Thereafter, the Administrative Review Board may issue a decision ruling upon each exception filed and including any appropriate wage determination. Any such decision shall VerDate Sep<11>2014 17:52 Mar 05, 2020 Jkt 250001 PART 60–30—RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246 91. The authority citation for part 60– 30 continues to read as follows: ■ Authority: Executive Order 11246, as amended, 30 FR 12319, 32 FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 38 U.S.C. 4212, as amended. 92. Revise § 60–30.29 to read as follows: ■ § 60–30.29 § 60–30.30 Administrative Order. After expiration of the time for filing, the Administrative Review Board, United States Department of Labor, shall make a decision which shall be served on all parties. If the Administrative Review Board, United States Department of Labor, concludes that the defendant has violated the Executive Order, the equal opportunity clause, or the regulations, an Administrative Order shall be issued enjoining the violations, and requiring the contractor to provide whatever remedies are appropriate, and imposing whatever sanctions are appropriate, or any of the above. In any event, failure to comply with the Administrative Order shall result in the immediate cancellation, termination, and suspension of the respondent’s contracts and/or debarment of the respondent from further contracts. ■ 94. Revise § 60–30.37 to read as follows: Final Administrative Order. After expiration of the time for filing exceptions, the Administrative Review Board, United States Department of Labor, shall issue an Administrative Order which shall be served on all parties. Unless the Administrative Review Board, United States Department of Labor, issues an PO 00000 Administrative Order within 30 days after the expiration of the time for filing exceptions, the Administrative Law Judge’s recommended decision shall become a final Administrative Order which shall become effective on the 31st day after expiration of the time for filing exceptions. Except as to specific time periods required in this subsection, 41 CFR 60–30.30 shall be applicable to this section. [FR Doc. 2020–04017 Filed 3–5–20; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Record. After expiration of the time for filing briefs and exceptions, the Administrative Review Board, United States Department of Labor, shall make a decision, which shall be the Administrative order, on the basis of the record. The record shall consist of the record for recommended decision, the rulings and recommended decision of the Administrative Law Judge and the exceptions and briefs filed subsequent to the Administrative Law Judge’s decision. ■ 93. Revise § 60–30.30 to read as follows: § 60–30.37 Decisions. * be published in the Federal Register after it becomes the final action of the Department. 13041 Frm 00057 Fmt 4700 Sfmt 4700 24 CFR Parts 28, 30, 87, 180, and 3282 [FR–6196–F–01] Adjustment of Civil Monetary Penalty Amounts for 2020 AGENCY: Office of the General Counsel, HUD. ACTION: Final rule. This rule provides for 2020 inflation adjustments of civil monetary penalty amounts required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: Effective date for 2020 inflation adjustment: April 6, 2020. FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Acting Associate General Counsel, Office of Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20024; telephone number 202–402–5300 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the Information Relay Service at 800–877– 8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) (Pub. L. 114–74, Sec. 701), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101– 410), requires agencies to make annual adjustments to civil monetary penalty (CMP) amounts for inflation ‘‘notwithstanding section 553 of title 5, United States Code.’’ Section 553 refers to the Administrative Procedure Act, which provides for advance notice and public comment on rules. However, as explained in Section III below, HUD has E:\FR\FM\06MRR1.SGM 06MRR1

Agencies

[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13024-13041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04017]


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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Parts 641, 655, 656, 658, 667, 683, and 702

Office of the Secretary of Labor

29 CFR Parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96

Office of Labor-Management Standards

29 CFR Parts 417 and 471

Wage and Hour Division

29 CFR Parts 501 and 580

Occupational Health and Safety Administration

29 CFR Parts 1978 through 1988

Office of Federal Contract Compliance Programs

41 CFR Parts 50-203 and 60-30

RIN 1290-AA39


Discretionary Review by the Secretary

AGENCY: Office of the Secretary

ACTION: Direct final rule.

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SUMMARY: The Department of Labor is issuing this direct final rule 
(DFR) to establish a system of discretionary secretarial review over 
cases pending before or decided by the Board of Alien Labor 
Certification Appeals and to make technical changes to Departmental 
regulations governing the timing and finality of decisions of the 
Administrative Review Board and the Board of Alien Labor Certification 
Appeals to ensure consistency with the new discretionary review 
processes proposed in this rule and established in Secretary's Order 
01-2020.

DATES: This direct final rule is effective April 20, 2020 unless 
significant adverse comment is submitted (transmitted, postmarked, or 
delivered) by April 6, 2020. If DOL receives significant adverse 
comment, the Agency will publish a timely withdrawal in the Federal 
Register informing the public that this DFR will not take effect (see 
Section III, direct final rulemaking, for more details on this 
process). Comments to this DFR and other information must be submitted 
(transmitted, postmarked, or delivered) by April 6, 2020. All 
submissions must bear a postmark or provide other evidence of the 
submission date.

ADDRESSES: You may send comments, identified by Regulatory 
Identification Number (RIN) 1290-AA39, by either one of the following 
methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the website instructions for submitting comments. To facilitate 
receipt and processing of comments, the Department encourages 
interested parties to submit their comments electronically.
     Mail, hand delivery, express mail, courier service, or 
email. You may submit your comments and attachments to Mr. Thomas 
Shepherd, Clerk of the Appellate Boards, Room S-5220, 200 Constitution 
Avenue NW, Washington, DC 20210, or you may submit them by email to 
[email protected]. The Office of the Clerk is open during 
business hours on all days except Saturdays, Sundays, and federal 
holidays, from 8:30 a.m. to 5:00 p.m., Eastern Time.
    Instructions: All submissions received must include the agency name 
and Regulatory Information Number (RIN) for this rulemaking. All 
comments received will generally be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the 
Appellate Boards, at 202-693-6319 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Two of the four review boards within the Department of Labor were 
created by voluntary delegations of authority by previous Secretaries 
of Labor. Specifically, the Administrative Review Board (ARB)--which 
has authority to hear appeals from the decisions of the Department's 
Office of Administrative Law Judges (OALJ) about certain immigration, 
child labor, employment discrimination, federal construction/service 
contracts, and other issues--and the Board of Alien Labor Certification 
Appeals (BALCA)--which has authority over appeals from the decisions of 
the Employment and Training Administration's adjudication of foreign 
labor certification applications--were created, respectively, by a 
Secretary's Order and by regulation. Their existence is neither 
compelled nor governed by statute. Notably, before the ARB was created 
in 1996, many of the types of cases now subject to its jurisdiction 
were decided directly by the Secretary. Each board was also entrusted 
with the

[[Page 13025]]

power to issue final agency decisions in the name of the Secretary. 
Currently, the Secretary's Order and regulations establishing the ARB 
and BALCA provide no mechanism by which the Secretary can review, where 
necessary, the decisions of the officers who exercise power on his 
behalf.
    To ensure that the Secretary has the ability to properly supervise 
and direct the actions of the Department, the Department proposes to 
establish systems of discretionary secretarial review over the 
decisions of the ARB and decisions of and appeals before BALCA, which 
will be accomplished through the proposed rule contained herein and the 
simultaneous issuance of a Secretary's Order governing the ARB. The 
Department's authority to effect these reforms derives from 5 U.S.C. 
301, which authorizes the heads of agencies to regulate the internal 
operations of their departments, 5 U.S.C. 305, which provides for 
continuing review of agency operations, and the Secretary's authority 
to administer the statutes and programs at issue in ARB and BALCA 
proceedings. In combination, these statutes establish many of the 
powers of the Department within the Office of the Secretary, and give 
the Secretary wide latitude to delegate those powers to his 
subordinates on the terms he deems appropriate. Thus, the Secretary has 
the power to delegate his authority to appropriately supervise the 
adjudicatory process within the Department, and is now exercising that 
same authority to assert his decision-making prerogatives duly assigned 
to him by Congress by modifying the terms on which the members of the 
ARB and BALCA exercise his delegated authority.
    The reforms to BALCA (and conforming edits to various Departmental 
regulations governing the ARB, BALCA, and the OALJ) preserve the 
existing structures by which the Department processes adjudications 
while giving the Secretary the option, in his sole discretion, to 
initiate review directly in a case where the Secretary's involvement is 
necessary and appropriate. Again, Congress has assigned the 
administration of various statutes to the Secretary of Labor, meaning 
that the Secretary is obligated to ensure that those laws are 
administered, executed, interpreted, and enforced according to law and 
Executive Branch priorities and policies. Under these reforms, the 
Secretary will rely on the ARB and BALCA to assist in identifying cases 
where secretarial review may be warranted. Consistent with the practice 
of other agencies, the Department does not anticipate that the power of 
secretarial review will be used often. The Department similarly 
anticipates that secretarial review--while completely within the 
Secretary's discretion as the officer assigned to administer the laws 
in the first place--will typically be reserved for matters of 
significant importance. Finally, the Department will ensure that the 
secretarial review process will be accomplished in a manner that 
complies with any applicable legal requirements.
    Because of significant differences between how the ARB and BALCA 
operate, the proposed systems of review for each board are designed 
somewhat differently. Most importantly, whereas with respect to the ARB 
the Secretary will not exercise review over cases until after a 
decision has been rendered, the proposed regulations modifying BALCA's 
authority would allow the Secretary to assume jurisdiction over most 
cases even before a decision has been issued. This is because BALCA 
processes significantly more cases each year than does the ARB, and, 
due to the nature of the temporary visa programs and DOL's role in 
administering these programs, does so much more quickly than does the 
ARB. As a result, under the BALCA regulations, the Secretary will be 
able to initiate review of a case even before BALCA has issued a 
decision.
    The Department appreciates the expeditious nature of many types of 
BALCA proceedings, such as those involving temporary labor 
certification, and does not anticipate that the new system of 
secretarial review established over such cases will significantly 
disrupt or otherwise impede the way such cases are currently processed. 
As noted above, the Department expects that secretarial review over 
BALCA decisions will, as with agency head review at other departments, 
likely not be exercised often. Further, the proposed changes to 29 CFR 
18.95 provide that a BALCA decision is the Secretary's final 
administrative decision unless the Secretary assumes jurisdiction over 
the case. For example, once the BALCA issues a decision that grants a 
labor certification or remands for further processing, the private 
party in the case will be able to proceed immediately to the next step 
of the application process, and will only be delayed in doing so if the 
Secretary later decides to undertake review. Moreover, the revised 29 
CFR 18.95 limits any potential uncertainty that may exist because of 
the possibility of secretarial review by placing strict time limits on 
when the Secretary will have the option of assuming jurisdiction over a 
case.

II. Consideration of Comments

    The Department will consider comment on issues related to this 
action. If the Department receives no significant adverse comment, the 
Department will publish a Federal Register document confirming the 
effective date of the DFR and withdrawing the companion Notice of 
Proposed Rulemaking (NPRM). Such confirmation may include minor 
stylistic or technical changes to the DFR. For the purpose of judicial 
review, the Department views the date of confirmation of the effective 
date of the DFR as the date of promulgation.

III. Direct Final Rulemaking

    In direct final rulemaking, an agency publishes a DFR in the 
Federal Register, with a statement that the rule will go into effect 
unless the agency receives significant adverse comment within a 
specified period. The agency may publish an identical concurrent NPRM. 
If the agency receives no significant adverse comment in response to 
the DFR, the rule goes into effect. The Department plans to confirm the 
effective date of a DFR through a separate Federal Register document. 
If the agency receives a significant adverse comment, the agency will 
withdraw the DFR and treats such comment as a response to the NPRM. An 
agency typically uses direct final rulemaking when an agency 
anticipates that a rule will not be controversial.
    For purposes of this rulemaking, a significant adverse comment is 
one that explains: (1) Why the rule is inappropriate, including 
challenges to the rule's underlying premise or approach; or (2) Why the 
direct final rule will be ineffective or unacceptable without a change.
    In addition to publishing this DFR, the Department is publishing an 
NPRM in the Federal Register. The comment period for the NPRM runs 
concurrently with that of the DFR. The Department will treat comments 
received on the companion NPRM as comments also regarding the DFR. 
Similarly, the Department will consider comments submitted to the DFR 
as comment to the companion NPRM. Therefore, if the Department receives 
a significant adverse comment on either this DFR or the NPRM, it will 
withdraw this DFR and proceed with the companion NPRM. In the event the 
Department withdraws the DFR because of significant adverse comment, 
the Department will consider all timely comments received in response 
to the DFR when it continues with the NPRM. After carefully considering 
all

[[Page 13026]]

comments to the DFR and the NPRM, the Department will decide whether to 
publish a new final rule.
    The Department has determined that this rule is suitable for direct 
final rulemaking. The proposed revisions to the Department's internal 
adjudicatory processes would establish a mechanism by which the 
Secretary can review cases pending before or decided by BALCA, and make 
other conforming amendments to Departmental regulations to align with 
this new system of discretionary review as well as the similar system 
of discretionary review established in Secretary's Order 01-2020 over 
decisions of the ARB. These are rules of agency management and 
personnel and are entirely procedural changes to how officers within 
the Department of Labor exercise delegated authority on behalf of the 
Secretary; therefore, the Department is not required to engage in a 
notice and comment process to issue them. See 5 U.S.C. 553(a)(2), 
(b)(A). Indeed, the vast majority of the proposed changes are merely 
technical amendments to rules governing the manner in which the ARB 
issues decisions that are designed to eliminate any potential for 
confusion or ambiguity in light of the issuance of Secretary's Order 
01-2020. Further, discretionary review by an agency head over 
adjudicatory decisions exists in many other executive branch agencies, 
including at the Department of Justice, the Department of the Interior, 
and the Department of Education. The proposed rules are therefore 
consistent with well-known and well-established models of internal 
agency review. In consequence, the proposed changes to the Department's 
internal adjudicatory processes should not be controversial.

IV. Discussion of Changes

    The Department proposes to revise several sections of the Code of 
Federal Regulations including 20 CFR parts 641, 655, 656, 658, 667, 
683, and 702; 29 CFR parts 2, 7, 8, 10, 13, 18, 24, 29, 38, and 96; 29 
CFR part 471; 29 CFR parts 501 and 580; 29 CFR parts 1978-1988; and 41 
CFR parts 50-203 and 60-30 to harmonize the manner in which the ARB 
issues decisions on behalf of the Secretary under the Department's 
regulations with the scope of the final decision-making authority 
delegated to the ARB by the Secretary in Secretary's Order 01-2020. 
Specifically, references to final decisions of the ARB have been 
modified or removed to ensure that no regulation contradicts the terms 
on which an ARB decision becomes final under the Secretary's Order. 
Certain provisions governing the timing of petitions for review to the 
ARB and when the ARB is required to issue decisions have also been 
amended to eliminate potential ambiguity or confusion over the 
distinction between when the ARB is required to issue a decision and 
when such decision becomes the final action of the Department pursuant 
to the Secretary's Order.
    The Department also proposes to revise 29 CFR part 18 by modifying 
the conditions under which a decision of BALCA becomes the final 
decision of the Department and by creating a process by which the 
Secretary of Labor can exercise discretionary review over cases pending 
before or decided by the BALCA. Technical amendments are also proposed 
to 20 CFR parts 655 and 656 to harmonize the manner in which BALCA 
issues decisions on behalf of the Secretary with the new system of 
discretionary review established in 29 CFR part 18.
    The Department of Labor and the Department of Homeland Security 
(DHS) have determined that it is appropriate to issue a separate rule 
regarding the Secretary of Labor's review authority over H-2B cases 
under 29 CFR 18.95 to address the same issues addressed by this rule in 
the H-2B context. It is the Departments' intent to promulgate this 
separate rule after the publication of this rule. This determination 
follows conflicting court decisions concerning DOL's authority to issue 
legislative rules on its own to carry out its duties in the H-2B 
program. Although DOL and DHS each have authority to issue rules 
implementing their respective duties in the H-2B program, the 
Departments plan to make the amendments to the applicable regulations 
jointly to ensure that there can be no question about the authority 
underlying such technical amendments. This approach is consistent with 
the joint rulemaking governing the Temporary Non-Agricultural 
Employment of H-2B Aliens in the United States, 80 FR 24042 (Apr. 29, 
2015) (codified at 8 CFR part 214, 20 CFR part 655, and 29 CFR part 
503).
    In order to ensure that all parties appearing before the ARB and 
BALCA have fair notice of the new systems of discretionary review 
established in this rulemaking and in Secretary's Order 01-2020, the 
Secretary will not exercise his review authority over any decision of 
either Board issued before the passage of 30 calendar days from the 
date on which the rule becomes effective.

V. Rulemaking Analyses and Notices

Executive Orders 12866, Regulatory Planning and Review, and 13563, 
Improving Regulation and Regulatory Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This proposed rule has been drafted and reviewed in accordance with 
Executive Order 12866. The Department of Labor, in coordination with 
the Office of Management and Budget (OMB), determined that this 
proposed rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 because the rule will not have an annual 
effect on the economy of $100 million or more; will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; and will not materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof. Furthermore, the rule 
does not raise a novel legal or policy issue arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Accordingly, OMB has waived review.

Regulatory Flexibility Act of 1980

    Because no notice of proposed rulemaking is required for this rule 
under section 553 of the Administrative Procedure Act, the regulatory 
flexibility analysis requirements of the Regulatory Flexibility Act, 5 
U.S.C. 603, 604, do not apply to this rule. See 5 U.S.C. 601(2).

Paperwork Reduction Act

    The Department has determined that this proposed rule is not 
subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., as this rulemaking does not involve any collections of 
information. See 5 CFR 1320.3(c).

Unfunded Mandates Reform Act of 1995 and Executive Order 13132, 
Federalism

    The Department has reviewed this proposed rule in accordance with 
the requirements of Executive Order 13132 and the Unfunded Mandates 
Reform Act

[[Page 13027]]

of 1995, 2 U.S.C. 1501 et seq., and has found no potential or 
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. As there 
is no Federal mandate contained herein that could result in increased 
expenditures by State, local, and tribal governments, or by the private 
sector, the Department has not prepared a budgetary impact statement.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The Department has reviewed this proposed rule in accordance with 
Executive Order 13175 and has determined that it does not have ``tribal 
implications.'' The proposed rule 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.''

    Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.

List of Subjects

20 CFR Part 641

    Administrative practice and procedure, Grievance procedure and 
appeals process, Senior Community Service Employment Program, Services 
to participants.

20 CFR Part 655

    Administrative practice and procedure, Labor certification 
processes for temporary employment.

20 CFR Part 656

    Administrative practice and procedure, Fraud, Reporting and 
recordkeeping requirements, Wages.

20 CFR Part 658

    Administrative practice and procedure, Complaint system; 
Discontinuation of services, State workforce agency compliance, Federal 
application of remedial action to state workforce agencies, Wagner-
Peyser Act Employment Service.

20 CFR Part 667

    Adjudication and Judicial Review, Administrative practice and 
procedure; Oversight and monitoring, Grievance procedures, complaints, 
and state appeal processes, Sanctions, corrective actions, and waiver 
of liability, Reporting and recordkeeping requirements, Resolution of 
findings, Workforce Investment Act.

20 CFR Part 683

    Adjudication and judicial review, Administrative practice and 
procedure, Funding and closeout, Grievance procedures, complaints, and 
State appeal processes; Oversight and resolution of findings, Pay-for-
performance contract strategies, Reporting and recordkeeping 
requirements, Rules, costs, and limitations, Sanctions, corrective 
actions, and waiver of liability, Workforce Innovation And Opportunity 
Act.

20 CFR Part 702

    Administrative practice and procedure, Claims, Penalties, Reporting 
and recordkeeping requirements, Whistleblowing, Workers' compensation.

29 CFR Part 2

    Administrative practice and procedure, Claims, Courts, Government 
employees.

29 CFR Part 7

    Administrative practice and procedure, Government contracts, 
Minimum wages.

29 CFR Part 8

    Administrative practice and procedure, Government contracts, 
Minimum wages.

29 CFR Part 10

    Administrative practice and procedure, Construction industry, 
Government procurement, Law enforcement, Reporting and recordkeeping 
requirements, Wages.

29 CFR Part 13

    Administrative practice and procedure, Government contracts, Law 
enforcement, Reporting and recordkeeping requirements, Wages.

29 CFR Part 18

    Administrative practice and procedure, Grievance procedure and 
appeals process, Senior Community Service Employment Program, Services 
to participants.

29 CFR Part 24

    Administrative practice and procedure, Review of other proceedings 
and related matters, Review of wage determinations.

29 CFR Part 29

    Administrative practice and procedure, Apprenticeship programs, 
Labor standards, State apprenticeship agencies.

29 CFR Part 38

    Administrative practice and procedure, Compliance procedures, 
Obligations of recipients and governors, Workforce Innovation and 
Opportunity Act.

29 CFR Part 96

    Administrative practice and procedure, Audit requirements, Grants, 
contracts, and other agreements.

29 CFR Part 417

    Labor management standards, Procedures for removal of local labor 
organization officers.

29 CFR Part 471

    Administrative practice and procedure, Complaint procedures, 
Compliance review, Contractor obligations, Federal labor law.

29 CFR Part 501

    Administrative practice and procedure, Contract obligations; 
Enforcement, Immigration and Nationality Act, Temporary alien 
agricultural workers.

29 CFR Part 580

    Administrative practice and procedure, Assessing and contesting, 
Civil money penalties.

29 CFR Part 1978

    Administrative practice and procedure; Employee protection; 
Findings, Investigations, Litigation, Retaliation complaints, Surface 
Transportation Assistance Act of 1982.

29 CFR Part 1979

    Administrative practice and procedure, Employee protection, 
Findings, Litigation, Investigations, Retaliation complaints, Wendell 
H. Ford Aviation Investment and Reform Act for the 21st Century.

29 CFR Part 1980

    Administrative practice and procedure, Employee protection, 
Findings, Investigations, Litigation, Retaliation complaints, Sarbanes-
Oxley Act of 2002.

29 CFR Part 1981

    Administrative practice and procedure, Employee protection, 
Findings, Litigation, Investigations, Pipeline Safety Improvement Act 
of 2002, Retaliation complaints.

29 CFR Part 1982

    Administrative practice and procedure, Employee protection,

[[Page 13028]]

Federal Railroad Safety Act, Findings, Investigations, Litigation, 
National Transit Systems Security Act, Retaliation complaints.

29 CFR Part 1983

    Administrative practice and procedure, Consumer Product Safety 
Improvement Act of 2008, Employee protection, Findings, Investigations, 
Litigation, Retaliation complaints.

29 CFR Part 1984

    Administrative practice and procedure, Affordable Care Act, 
Employee protection, Findings, Investigations, Litigation, Retaliation 
complaints.

29 CFR Part 1985

    Administrative practice and procedure, Consumer Financial 
Protection Act of 2010, Employee protection, Findings, Investigations, 
Litigation, Retaliation complaints.

29 CFR Part 1986

    Administrative practice and procedure, Employee protection, 
Findings, Investigations, Litigation, Retaliation complaints, Seaman's 
Protection Act.

29 CFR Part 1987

    Administrative practice and procedure, Employee protection, FDA 
Food Safety Modernization Act, Findings, Investigations, Litigation, 
Retaliation complaints.

29 CFR Part 1988

    Administrative practice and procedure, Employee protection, 
Findings, Investigations, Litigation, Moving Ahead for Progress in the 
21st Century Act, Retaliation complaints.

41 CFR Part 50-203

    Administrative practice and procedure, Government procurement, 
Minimum wages, Occupational safety and health.

41 CFR Part 60-30

    Administrative practice and procedure, Equal opportunity, Executive 
Order 11246, Property management, Public contracts.

    For the reasons set forth in the preamble, the Department of Labor 
amends 20 CFR chapters V and VI, 29 CFR subtitle A and chapters IV, V, 
and XVII, and 41 CFR parts 50-203 and 60-30 as follows:

Title 20: Employees' Benefits

Employment and Training Administration

PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE 
EMPLOYMENT PROGRAM

0
1. The authority citation for part 641 continues to read as follows:

    Authority: 42 U.S.C. 3056 et seq.; Pub. L. 114-144, 130 Stat. 
334 (Apr. 19, 2016).

0
 2. In Sec.  641.900, revise paragraph (e) to read as follows:


Sec.  641.900  What appeal process is available to an applicant that 
does not receive a grant?

* * * * *
    (e) The decision of the ALJ constitutes final agency action unless, 
within 21 days of the decision, a party dissatisfied with the ALJ's 
decision, in whole or in part, has filed a petition for review with the 
Administrative Review Board (ARB) (established under Secretary's Order 
No. 01-2020), specifically identifying the procedure, fact, law, or 
policy to which exception is taken. The mailing address for the ARB is 
200 Constitution Ave. NW, Room N5404, Washington, DC 20210. The 
Department will deem any exception not specifically urged to have been 
waived. A copy of the petition for review must be sent to the grant 
officer at that time. If, within 30 days of the filing of the petition 
for review, the ARB does not notify the parties that the case has been 
accepted for review, then the decision of the ALJ constitutes final 
agency action. In any case accepted by the ARB, a decision must be 
issued by the ARB within 180 days of acceptance. If a decision is not 
so issued, the decision of the ALJ constitutes final agency action.
* * * * *

0
3. In Sec.  641.920, revise paragraph (d)(5) to read as follows:


Sec.  641.920  What actions of the Department may a grantee appeal and 
what procedures apply to those appeals?

* * * * *
    (d) * * *
    (5) The decision of the ALJ constitutes final agency action unless, 
within 21 days of the decision, a party dissatisfied with the ALJ's 
decision, in whole or in part, has filed a petition for review with the 
ARB (established under Secretary's Order No. 01-2020), specifically 
identifying the procedure, fact, law, or policy to which exception is 
taken. The mailing address for the ARB is 200 Constitution Ave. NW, 
Room N5404, Washington, DC 20210. The Department will deem any 
exception not specifically argued to have been waived. A copy of the 
petition for review must be sent to the grant officer at that time. If, 
within 30 days of the filing of the petition for review, the ARB does 
not notify the parties that the case has been accepted for review, then 
the decision of the ALJ constitutes final agency action. In any case 
accepted by the ARB, a decision must be issued by the ARB within 180 
days of acceptance. If a decision is not so issued, the decision of the 
ALJ constitutes final agency action.

PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED 
STATES

0
 4. The authority citation for part 655 continues to read as follows:

    Authority:  Section 655.0 issued under 8 U.S.C. 
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 
1103(a)(6), 1182(m), (n), and (t), 1184(c), (g), and (j), 1188, and 
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 
(8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 
5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105 
Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 
107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 
U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 
(8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 
2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 
214.2(h)(4)(i); 8 CFR 214.2(h)(6)(iii); and sec. 6, Pub. L. 115-218, 
132 Stat. 1547 (48 U.S.C. 1806).
    Subpart A issued under 8 CFR 214.2(h).
    Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), 
and 1188; and 8 CFR 214.2(h).
    Subpart E issued under 48 U.S.C. 1806.
    Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 
323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, 
Pub. L. 114-74 at section 701.
    Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and 
(b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. 
L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), 
Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 
note, Pub. L. 114-74 at section 701.
    Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 
1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 
1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

0
5. In Sec.  655.171, revise paragraphs (a) and (b)(2) to read as 
follows:


Sec.  655.171  Appeals.

* * * * *
    (a) Administrative review. Where the employer has requested 
administrative review, within 5 business days after receipt of the ETA 
administrative file the ALJ will, on the basis of the written record 
and after due consideration of any written submissions (which may not 
include new evidence) from the parties involved or amici curiae, either 
affirm, reverse, or modify the CO's

[[Page 13029]]

decision, or remand to the CO for further action. The decision of the 
ALJ must specify the reasons for the action taken and must be 
immediately provided to the employer, the CO, the OFLC Administrator 
and DHS by means normally assuring next-day delivery.
    (b) * * *
    (2) Decision. After a de novo hearing, the ALJ must affirm, 
reverse, or modify the CO's determination, or remand to the CO for 
further action, except in cases over which the Secretary has assumed 
jurisdiction pursuant to 29 CFR 18.95. The decision of the ALJ must 
specify the reasons for the action taken and must be immediately 
provided to the employer, CO, OFLC Administrator, and DHS by means 
normally assuring next-day delivery.

0
6. In Sec.  655.181, revise paragraph (b)(3) to read as follows:


Sec.  655.181  Revocation.

* * * * *
    (b) * * *
    (3) Appeal. An employer may appeal a Notice of Revocation, or a 
final determination of the OFLC Administrator after the review of 
rebuttal evidence, according to the appeal procedures of Sec.  655.171.
* * * * *

0
7. In Sec.  655.182, revise paragraph (f)(6) to read as follows:


Sec.  655.182  Debarment.

* * * * *
    (f) * * *
    (6) ARB decision. The ARB's decision must be issued within 90 days 
from the notice granting the petition and served upon all parties and 
the ALJ. If the ARB fails to issue a decision within 90 days from the 
notice granting the petition, the ALJ's decision will be the final 
agency decision.
* * * * *

0
8. In Sec.  655.183, revise paragraph (c) to read as follows:


Sec.  655.183  Less than substantial violations.

* * * * *
    (c) Failure to comply with special procedures. If the OFLC 
Administrator determines that the employer has failed to comply with 
special procedures required pursuant to paragraph (a) of this section, 
the OFLC Administrator will send a written notice to the employer, 
stating that the employer's otherwise affirmative H-2A certification 
determination will be reduced by 25 percent of the total number of H-2A 
workers requested (which cannot be more than those requested in the 
previous year) for a period of 1 year. Notice of such a reduction in 
the number of workers requested will be conveyed to the employer by the 
OFLC Administrator in the OFLC Administrator's written certification 
determination. The notice will offer the employer an opportunity to 
request administrative review or a de novo hearing before an ALJ. If 
administrative review or a de novo hearing is requested, the procedures 
prescribed in Sec.  655.171 will apply, provided that if the ALJ or the 
Secretary affirms the OFLC Administrator's determination that the 
employer has failed to comply with special procedures required by 
paragraph (a) of this section, the reduction in the number of workers 
requested will be 25 percent of the total number of H-2A workers 
requested (which cannot be more than those requested in the previous 
year) for a period of 1 year.

0
9. In Sec.  655.461, revise paragraph (e) to read as follows:


Sec.  655.461  Administrative review.

* * * * *
    (e) Scope of review. BALCA will, except in cases over which the 
Secretary has assumed jurisdiction pursuant to 29 CFR 18.95, affirm, 
reverse, or modify the CO's determination, or remand to the CO for 
further action. BALCA will reach this decision after due consideration 
of the documents in the Appeal File that were before the CO at the time 
of the CO's determination, the request for review, and any legal briefs 
submitted. BALCA may not consider evidence not before the CO at the 
time of the CO's determination, even if such evidence is in the Appeal 
File, request for review, or legal briefs.
* * * * *

0
10. In Sec.  655.472, revise paragraph (b)(3) to read as follows:


Sec.  655.472  Revocation.

* * * * *
    (b) * * *
    (3) Request for review. An employer may appeal a Notice of 
Revocation or a final determination of the OFLC Administrator after the 
review of rebuttal evidence to BALCA, according to the appeal 
procedures of Sec.  655.461.
* * * * *

0
11. In Sec.  655.473, revise paragraph (f)(6) to read as follows:


Sec.  655.473  Debarment.

* * * * *
    (f) * * *
    (6) ARB Decision. The ARB's decision must be issued within 90 
calendar days from the notice granting the petition and served upon all 
parties and the ALJ.

0
12. In Sec.  655.845, revise paragraphs (h) and (i) to read as follows:


Sec.  655.845  What rules apply to appeal of the decision of the 
administrative law judge?

* * * * *
    (h) The Board's decision shall be issued within 180 calendar days 
from the date of the notice of intent to review. The Board's decision 
shall be served upon all parties and the administrative law judge.
    (i) After the Board's decision becomes final, the Board shall 
transmit the entire record to the Chief Administrative Law Judge for 
custody pursuant to Sec.  655.850.

PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF 
ALIENS IN THE UNITED STATES

0
13. The authority citation for part 656 continues to read as follows:

    Authority: 8 U.S.C. 1182(a)(5)(A), 1182(p)(1); sec.122, Public 
Law 101-649, 109 Stat. 4978; and Title IV, Public Law 105-277, 112 
Stat. 2681.

0
14. In Sec.  656.27, revise paragraph (c) to read as follows:


Sec.  656.27  Consideration by and decisions of the Board of Alien 
Labor Certification Appeals.

* * * * *
    (c) Review on the record. The Board of Alien Labor Certification 
Appeals must review a denial of labor certification under Sec.  656.24, 
a revocation of a certification under Sec.  656.32, or an affirmation 
of a prevailing wage determination under Sec.  656.41 on the basis of 
the record upon which the decision was made, the request for review, 
and any Statements of Position or legal briefs submitted and, except in 
cases over which the Secretary has assumed jurisdiction pursuant to 29 
CFR 18.95, must:
    (1) Affirm the denial of the labor certification, the revocation of 
certification, or the affirmation of the PWD; or
    (2) Direct the Certifying Officer to grant the certification, 
overrule the revocation of certification, or overrule the affirmation 
of the PWD; or
    (3) Direct that a hearing on the case be held under paragraph (e) 
of this section.
* * * * *

PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT 
EMPLOYMENT SERVICE

0
15. The authority citation for part 658 continues to read as follows:


[[Page 13030]]


    Authority: Secs. 189, 503, Pub. L. 113-128, 128 Stat. 1425 (Jul. 
22, 2014); 29 U.S.C. chapter 4B.

0
16. In Sec.  658.711, revise paragraph (b) to read as follows:


Sec.  658.711  Decision of the Administrative Review Board.

* * * * *
    (b) The decision of the Administrative Review Board must be in 
writing, and must set forth the factual and legal basis for the 
decision. After the Board's decision becomes final, notice of the 
decision must be published in the Federal Register, and copies must be 
made available for public inspection and copying.

PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE 
INVESTMENT ACT

0
17. The authority citation for part 667 continues to read as follows:

    Authority:  Subtitle C of Title I, Sec. 506(c), Pub. L. 105-220, 
112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR 
8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 
3 CFR 2002 Comp., p. 258.

0
18. In Sec.  667.830, revise paragraph (b) to read as follows:


Sec.  667.830  When will the Administrative Law Judge issue a decision?

* * * * *
    (b) The decision of the ALJ constitutes final agency action unless, 
within 20 days of the decision, a party dissatisfied with the ALJ's 
decision has filed a petition for review with the Administrative Review 
Board (ARB) (established under Secretary's Order No. 01-2020), 
specifically identifying the procedure, fact, law, or policy to which 
exception is taken. Any exception not specifically urged is deemed to 
have been waived. A copy of the petition for review must be sent to the 
opposing party at that time. Thereafter, the decision of the ALJ 
constitutes final agency action unless the ARB, within 30 days of the 
filing of the petition for review, notifies the parties that the case 
has been accepted for review. In any case accepted by the ARB, a 
decision must be issued by the ARB within 180 days of acceptance. If a 
decision is not so issued, the decision of the ALJ constitutes final 
agency action.

PART 683--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE 
INNOVATION AND OPPORTUNITY ACT

0
19. The authority citation for part 683 continues to read as follows:

    Authority:  Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167, 
169, 171, 181, 185, 189, 195, 503, Public Law 113-128, 128 Stat. 
1425 (Jul. 22, 2014).

0
20. In Sec.  683.830, revise paragraph (b) to read as follows:


Sec.  683.830  When will the Administrative Law Judge issue a decision?

* * * * *
    (b) The decision of the ALJ constitutes final agency action unless, 
within 20 days of the decision, a party dissatisfied with the ALJ's 
decision has filed a petition for review with the Administrative Review 
Board (ARB) (established under Secretary's Order No. 01-2020), 
specifically identifying the procedure, fact, law, or policy to which 
exception is taken. Any exception not specifically raised in the 
petition is deemed to have been waived. A copy of the petition for 
review also must be sent to the opposing party and if an applicant or 
recipient, to the Grant Officer and the Grant Officer's Counsel at the 
time of filing. Unless the ARB, within 30 days of the filing of the 
petition for review, notifies the parties that the case has been 
accepted for review, the decision of the ALJ constitutes final agency 
action. In any case accepted by the ARB, a decision must be issued by 
the ARB within 180 days of acceptance. If a decision is not so issued, 
the decision of the ALJ constitutes final agency action.

Office of Workers' Compensation Programs Longshoremen's and Harbor 
Workers' Compensation Act and Related Statutes

PART 702--ADMINISTRATION AND PROCEDURE

0
21. The authority citation for part 702 continues to read as follows:

    Authority: 5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et 
seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note 
(Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 
114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 
64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

0
22. In Sec.  702.433, revise paragraphs (e) and (f) to read as follows:


Sec.  702.433  Requests for hearing.

* * * * *
    (e) The administrative law judge will issue a recommended decision 
after the termination of the hearing. The recommended decision must 
contain appropriate findings, conclusions, and a recommended order and 
be forwarded, together with the record of the hearing, to the 
Administrative Review Board for a decision. The recommended decision 
must be served upon all parties to the proceeding.
    (f) Based upon a review of the record and the recommended decision 
of the administrative law judge, the Administrative Review Board will 
issue a decision.

0
23. Revise Sec.  702.434 to read as follows:


Sec.  702.434  Judicial review.

    (a) Any physician, health care provider, or claims representative 
who participated as a party in the hearing may obtain review of the 
Department's final decision made by the Administrative Review Board or 
the Secretary, as appropriate, regardless of the amount of controversy, 
by commencing a civil action within sixty (60) days after the decision 
is transmitted to him or her. The pendency of such review will not stay 
the effect of the decision. Such action must be brought in the Court of 
Appeals of the United States for the judicial circuit in which the 
plaintiff resides or has his or her principal place of business, or the 
Court of Appeals for the District of Columbia pursuant to section 
7(j)(4) of the Act, 33 U.S.C. 907(j)(4).
    (b) As part of the Department's answer, the Administrative Review 
Board must file a certified copy of the transcript of the record of the 
hearing, including all evidence submitted in connection therewith.
    (c) The findings of fact contained in the Department's final 
decision, if based on substantial evidence in the record as a whole, 
shall be conclusive.

Title 29: Labor

Office of the Secretary of Labor

PART 2--GENERAL REGULATIONS

0
 24. The authority citation for part 2 continues to read as:

    Authority:  5 U.S.C. 301; Executive Order 13198, 66 FR 8497, 3 
CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 
2002 Comp., p. 258; Executive Order 13559, 75 FR 71319, 3 CFR 2011 
Comp., p. 273.

0
25. Revise Sec.  2.8 to read as follows:


Sec.  2.8  Final agency decisions.

    Final agency decisions issued under the statutory authority of the 
U.S. Department of Labor may be issued by the Secretary of Labor, or by 
his or her designee under a written delegation of authority. The 
Administrative Review Board, an organizational entity within the Office 
of the Secretary, has been delegated authority to issue final agency 
decisions under the statutes, executive orders, and regulations 
according to,

[[Page 13031]]

and except as provided in Secretary's Order 01-2020.

PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD 
TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS

0
 26. The authority citation for part 7 continues to read as:

    Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 
301; 3 CFR, 1949-1953 Comp., p. 1007; sec. 2, 48 Stat. 948 as 
amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40 
U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755.

0
27. In Sec.  7.1, revise paragraph (d) to read as follows:


Sec.  7.1  Purpose and scope.

* * * * *
    (d) In considering the matters within the scope of its jurisdiction 
the Board shall act as the authorized representative of the Secretary 
of Labor. The Board shall act as fully and finally as might the 
Secretary of Labor concerning such matters, except as provided in 
Secretary's Order 01-2020.
* * * * *

PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD 
TO FEDERAL SERVICE CONTRACTS

0
28. The authority citation for part 8 continues to read as:

    Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by 86 
Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan No. 14 
of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat. 357-359, 40 
U.S.C. 327-332.

0
29. In Sec.  8.1, revise paragraph (c) to read as follows:


Sec.  8.1  Purpose and scope.

* * * * *
    (c) In considering the matters within the scope of its jurisdiction 
the Board shall act as the authorized representative of the Secretary 
of Labor and shall act as fully and finally as might the Secretary of 
Labor concerning such matters, except as provided in Secretary's Order 
01-2020.
* * * * *

PART 10--ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS

0
30. The authority citation for part 10 continues to read as follows:

    Authority: 5 U.S.C. 301; section 2, E.O. 13838, 83 FR 25341; 
section 4, E.O. 13658, 79 FR 9851; Secretary's Order 01-2014, 79 FR 
77527.

0
31. Revise Sec.  10.57 to read as follows:


Sec.  10.57  Administrative Review Board proceedings.

    (a) Authority--(1) General. The Administrative Review Board has 
jurisdiction to hear and decide in its discretion appeals concerning 
questions of law and fact from investigative findings letters of the 
Administrator issued under Sec.  10.51(c)(1) or (2), Administrator's 
rulings issued under Sec.  10.58, and decisions of Administrative Law 
Judges issued under Sec.  10.55.
    (2) Limit on scope of review. (i) The Board shall not have 
jurisdiction to pass on the validity of any provision of this part. The 
Board is an appellate body and shall decide cases properly before it on 
the basis of substantial evidence contained in the entire record before 
it. The Board shall not receive new evidence into the record.
    (ii) The Equal Access to Justice Act, as amended, does not apply to 
proceedings under this part. Accordingly, the Administrative Review 
Board shall have no authority to award attorney's fees and/or other 
litigation expenses pursuant to the provisions of the Equal Access to 
Justice Act for any proceeding under this part.
    (b) Decisions. The Board's decision shall be issued within a 
reasonable period of time following receipt of the petition for review 
and shall be served upon all parties by mail to the last known address 
and on the Chief Administrative Law Judge (in cases involving an appeal 
from an Administrative Law Judge's decision).
    (c) Orders. If the Board concludes a violation occurred, an order 
shall be issued mandating action to remedy the violation, including, 
but not limited to, monetary relief for unpaid wages. Where the 
Administrator has sought imposition of debarment, the Board shall 
determine whether an order imposing debarment is appropriate. The ARB's 
order is subject to discretionary review by the Secretary as provided 
in Secretary's Order 01-2020.

PART 13--ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS

0
32. The authority citation for part 13 continues to read as follow:

    Authority: 5 U.S.C. 301; E.O. 13706, 80 FR 54697, 3 CFR, 2016 
Comp., p. 367; Secretary's Order 01-2014, 79 FR 77527.

0
33. Revise Sec.  13.57 to read as follows:


Sec.  13.57  Administrative Review Board proceedings.

    (a) Authority--(1) General. The Administrative Review Board has 
jurisdiction to hear and decide in its discretion appeals concerning 
questions of law and fact from investigative findings letters of the 
Administrator issued under Sec.  13.51(c)(1) or the final sentence of 
Sec.  13.51(c)(2)(ii), Administrator's rulings issued under Sec.  
13.58, and decisions of Administrative Law Judges issued under Sec.  
13.55.
    (2) Limit on scope of review. (i) The Administrative Review Board 
shall not have jurisdiction to pass on the validity of any provision of 
this part. The Administrative Review Board is an appellate body and 
shall decide cases properly before it on the basis of substantial 
evidence contained in the entire record before it. The Administrative 
Review Board shall not receive new evidence into the record.
    (ii) The Equal Access to Justice Act, as amended, does not apply to 
proceedings under this part. Accordingly, the Administrative Review 
Board shall have no authority to award attorney's fees and/or other 
litigation expenses pursuant to the provisions of the Equal Access to 
Justice Act for any proceeding under this part.
    (b) Decisions. The Administrative Review Board's decision shall be 
issued within a reasonable period of time following receipt of the 
petition for review and shall be served upon all parties by mail to the 
last known address and on the Chief Administrative Law Judge (in cases 
involving an appeal from an Administrative Law Judge's decision).
    (c) Orders. If the Board concludes a violation occurred, an order 
shall be issued mandating action to remedy the violation, including, 
but not limited to, any monetary or equitable relief described in Sec.  
13.44. Where the Administrator has sought imposition of debarment, the 
Administrative Review Board shall determine whether an order imposing 
debarment is appropriate. The ARB's order is subject to discretionary 
review by the Secretary as provided in Secretary's Order 01-2020.

PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE 
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

0
34. The authority citation for part 18 continues to read as follows:

    Authority:  5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; 
E.O. 12778; 57 FR 7292.

0
35. Revise Sec.  18.95 to read as follows:


Sec.  18.95  Review of decision and review by the Secretary.

    (a) Review. The statute or regulation that conferred hearing 
jurisdiction provides the procedure for review of a judge's decision. 
If the statute or regulation does not provide a procedure,

[[Page 13032]]

the judge's decision becomes the Secretary's final administrative 
decision, except as provided in paragraph (b) of this section.
    (b) Finality. A decision of the Board of Alien Labor Certification 
Appeals (BALCA) shall constitute the Secretary's final administrative 
decision except in those cases over which the Secretary has, in 
accordance with this paragraph (b) and paragraph (c) of this section, 
assumed jurisdiction:
    (1) In any case for which administrative review is sought or 
handled in accordance with 20 CFR 655.171(a) or 20 CFR 655.461, at any 
point from when the BALCA receives a request for review until the 
passage of 10 business days after the date on which BALCA has issued 
its decision.
    (2) In any case for which a de novo hearing is sought or handled 
under 20 CFR 655.171(b), at any point within 15 business days after the 
date on which the BALCA has issued its decision.
    (3) In any case for which review is sought or handled in accordance 
with 20 CFR 656.26 and 20 CFR 656.27, at any point from when the BALCA 
receives a request for review until the passage of 30 business days 
after the BALCA has issued its decision.
    (c) Review by the Secretary--(1) Transmission of information. (i) 
Whenever the BALCA receives a request for review, it shall immediately 
transmit a copy of such request to the Deputy Secretary.
    (ii) Within 3 business days of when the BALCA issues a decision, 
the Chair of the BALCA, or his or her designee, shall transmit to the 
Deputy Secretary a copy of the decision and a concise recommendation as 
to whether the decision involves an issue or issues of such exceptional 
importance that review by the Secretary is warranted.
    (2) Review. (i) The Secretary may, at any point within the time 
periods provided for in paragraph (b) of this section, and in his or 
her sole discretion, assume jurisdiction to review the decision or 
determination of the Certifying Officer, the Office of Foreign Labor 
Certification Administrator, the National Prevailing Wage Center 
Director, or the BALCA, as the case may be.
    (ii) When the Secretary assumes jurisdiction over a case, the 
Secretary shall promptly notify the BALCA. The BALCA shall promptly 
notify the parties to the case of such action and shall submit the 
Appeal File and any briefs filed to the Secretary.
    (iii) In any case the Secretary decides, the Secretary's decision 
shall be stated in writing and transmitted to the BALCA, which shall 
promptly transmit it to the parties to the case. Such decision shall 
constitute final action by the Department and shall serve as binding 
precedent on all Department employees and in all Department proceedings 
involving the same issue or issues.
    (iv) The Solicitor of Labor, or his or her designee, shall have the 
responsibility for providing legal advice to the Secretary with respect 
to the Secretary's exercise of review under this section, except that 
no individual involved in the investigation or prosecution of a case 
shall advise the Secretary on the exercise of review with respect to 
such case or a case involving a common nucleus of operative fact.

PART 24--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL 
STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, 
AS AMENDED

0
36. The authority citation for part 24 is revised to read as follows:

    Authority: 15 U.S.C. 2622; 33 U.S.C. 1367; 42 U.S.C. 300j-
9(i)BVG, 5851, 6971, 7622, 9610; Secretary's Order No. 5-2007, 72 FR 
31160 (June 5, 2007); Secretary's Order No. 01-2020.

0
37. In Sec.  24.110, revise paragraphs (a), (c), and (d) to read as 
follows:


Sec.  24.110  Decisions and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ must file a written petition for review with 
the ARB, U.S. Department of Labor, 200 Constitution Ave. NW, 
Washington, DC 20210. The decision of the ALJ will become the final 
order of the Secretary unless, pursuant to this section, a timely 
petition for review is filed with the ARB and the ARB accepts the case 
for review. The parties should identify in their petitions for review 
the legal conclusions or orders to which they object, or the objections 
will ordinarily be deemed waived. A petition must be filed within 10 
business days of the date of the decision of the ALJ. The date of the 
postmark, facsimile transmittal, or email communication will be 
considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the 
ARB. Copies of the petition for review and all briefs must be served on 
the Assistant Secretary, Occupational Safety and Health Administration, 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 90 days of the 
filing of the complaint. The decision will be served upon all parties 
and the Chief Administrative Law Judge by mail. The decision will also 
be served on the Assistant Secretary, Occupational Safety and Health 
Administration, and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor, even if the Assistant Secretary is 
not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the order will order the respondent to take appropriate affirmative 
action to abate the violation, including reinstatement of the 
complainant to that person's former position, together with the 
compensation (including back pay), terms, conditions, and privileges of 
employment, and compensatory damages. In cases arising under the Safe 
Drinking Water Act or the Toxic Substances Control Act, exemplary 
damages may also be awarded when appropriate. At the request of the 
complainant, the ARB will assess against the respondent all costs and 
expenses (including attorney's fees) reasonably incurred.
* * * * *

0
38. Revise Sec.  24.112 to read as follows:


Sec.  24.112  Judicial Review.

    (a) Except as provided under paragraphs (b) through (d) of this 
section, within 60 days after the issuance of a final order (including 
a decision issued by the Secretary upon his or her discretionary 
review) for which judicial review is available, any person adversely 
affected or aggrieved by the order may file a petition for review of 
the order in the United States Court of Appeals for the circuit in 
which the violation allegedly occurred or the circuit in which the 
complainant resided on the date of the violation. A final order of the 
ARB (or a decision issued by the Secretary upon his or her 
discretionary review) is not subject to judicial review in any criminal 
or other civil proceeding.
    (b) Under the Federal Water Pollution Control Act, within 120 days 
after the issuance of a final order (including a decision issued by the 
Secretary upon his or her discretionary review) for which judicial 
review is available, any person adversely affected or aggrieved by the 
order may file a petition for

[[Page 13033]]

review of the order in the United States Court of Appeals for the 
circuit in which the violation allegedly occurred or the circuit in 
which the complainant resided on the date of the violation.
    (c) Under the Solid Waste Disposal Act, within 90 days after the 
issuance of a final order (including a decision issued by the Secretary 
upon his or her discretionary review) for which judicial review is 
available, any person adversely affected or aggrieved by the order may 
file a petition for review of the order in the United States Court of 
Appeals for the circuit in which the violation allegedly occurred or 
the circuit in which the complainant resided on the date of the 
violation.
    (d) Under the Comprehensive Environmental Response, Compensation 
and Liability Act, after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States district court in which the violation allegedly 
occurred. For purposes of judicial economy and consistency, when a 
final order under the Comprehensive Environmental Response, 
Compensation and Liability Act also is issued under any other statute 
listed in Sec.  24.100(a), the adversely affected or aggrieved person 
may file a petition for review of the entire order in the United States 
Court of Appeals for the circuit in which the violation allegedly 
occurred or the circuit in which the complainant resided on the date of 
the violation. The time for filing a petition for review of an order 
issued under the Comprehensive Environmental Response, Compensation and 
Liability Act and any other statute listed in Sec.  24.100(a) is 
determined by the time period applicable under the other statute(s).
    (e) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the administrative law 
judge, will be transmitted by the ARB or the ALJ, as appropriate, to 
the appropriate court pursuant to the Federal Rules of Appellate 
Procedure and the local rules of the court.

PART 29--LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP 
PROGRAMS

0
39. The authority citation for part 29 continues to read as follows:

    Authority: Section 1, 50 Stat. 664, as amended (29 U.S.C. 50; 40 
U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No. 14 of 1950, 64 
Stat. 1267 (5 U.S.C. App. P. 534).
0
40. In Sec.  29.10, revise paragraph (c) to read as follows:


Sec.  29.10  Hearings for deregistration.

* * * * *
    (c) The Administrative Law Judge should issue a written decision 
within 90 days of the close of the hearing record. The Administrative 
Law Judge's decision constitutes final agency action unless, within 15 
days from receipt of the decision, a party dissatisfied with the 
decision files a petition for review with the Administrative Review 
Board, specifically identifying the procedure, fact, law, or policy to 
which exception is taken. Any exception not specifically urged is 
deemed to have been waived. A copy of the petition for review must be 
sent to the opposing party at the same time. Thereafter, the decision 
of the Administrative Law Judge remains final agency action unless the 
Administrative Review Board, within 30 days of the filing of the 
petition for review, notifies the parties that it has accepted the case 
for review. The Administrative Review Board may set a briefing schedule 
or decide the matter on the record. The Administrative Review Board 
must issue a decision in any case it accepts for review within 180 days 
of the close of the record. If a decision is not so issued, the 
Administrative Law Judge's decision constitutes final agency action.

0
41. In Sec.  29.13, revise paragraph (g)(4) to read as follows:


Sec.  29.13  Recognition of State Apprenticeship Agencies.

* * * * *
    (g) * * *
    (4) After the close of the period for filing exceptions and 
responses, the Administrative Review Board may issue a briefing 
schedule or may decide the matter on the record before it. The 
Administrative Review Board must decide any case it accepts for review 
within 180 days of the close of the record. If a decision is not so 
issued, the Administrative Law Judge's decision constitutes final 
agency action.
* * * * *

0
42. In Sec.  29.14, revise paragraph (c)(3) to read as follows:


Sec.  29.14  Derecognition of State Apprenticeship Agencies.

* * * * *
    (c) * * *
    (3) Requests a hearing. The Administrator shall refer the matter to 
the Office of Administrative Law Judges. An Administrative Law Judge 
will convene a hearing in accordance with Sec.  29.13(g) and submit 
proposed findings and a recommended decision to the Administrative 
Review Board. The Administrative Review Board must issue a decision in 
any case it accepts for review within 180 days of the close of the 
record. If a decision is not so issued, the Administrative Law Judge's 
decision constitutes final agency action.
* * * * *

PART 38--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL 
OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY 
ACT

0
43. The authority citation for part 38 continues to read as follows:

    Authority: 29 U.S.C. 3101 et seq.; 42 U.S.C. 2000d et seq.; 29 
U.S.C. 794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq.

0
44. In Sec.  38.112, revise paragraph (b)(1)(viii) and remove paragraph 
(b)(3).
    The revision reads as follows:


Sec.  38.112  Initial and final decision procedures.

* * * * *
    (b) * * *
    (1) * * *
    (viii) Decision and Order after review by Administrative Review 
Board. In any case reviewed by the Administrative Review Board under 
this paragraph, a decision must be issued within 180 days of the 
notification of such review. If the Administrative Review Board fails 
to issue a decision and order within the 180-day period, the initial 
decision and order of the Administrative Law Judge becomes the Final 
Decision and Order.
* * * * *

0
45. In Sec.  38.113, revise paragraph (c) to read as follows:


Sec.  38.113  Post-termination proceedings.

* * * * *
    (c) A decision issued by the Administrative Review Board has become 
final, the Administrative Law Judge's decision and order has become the 
Final Agency Decision, or the Final Determination or Notification of 
Conciliation Agreement has been deemed the Final Agency Decision, under 
Sec.  38.112(b); and
* * * * *

0
46. In Sec.  38.115, revise paragraph (c)(5) to read as follows:


Sec.  38.115  Post-termination proceedings.

* * * * *
    (c) * * *
    (5) The Administrative Review Board must issue a decision denying 
or granting the recipient's or grant applicant's request for 
restoration to eligibility.

[[Page 13034]]

PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER 
AGREEMENTS

0
47. The authority citation for part 96 continues to read as follows:

    Authority:  31 U.S.C. 7501 et seq. and OMB Circular No. A-133, 
as amended.

0
48. In Sec.  96.63, revise paragraph (b)(5) to read as follows:


Sec.  96.63   Federal financial assistance.

* * * * *
    (b) * * *
    (5) Review by the Administrative Review Board. In any case accepted 
for review by the Administrative Review Board, a decision shall be 
issued within 180 days of such acceptance. If a decision is not so 
issued, the decision of the Administrative Law Judge shall become the 
final decision of the Secretary.

Office of Labor-Management Standards

PART 417--OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; 
NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

0
49. The authority citation for part 417 is revised to read as follows:

    Authority:  Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 
482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012; 
Secretary's Order No. 01-2020.

PART 471--OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; 
NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

0
50. The authority citation for part 471 is revised to read as follows:

    Authority: 40 U.S.C. 101 et seq.; Executive Order 13496, 74 FR 
6107, February 4, 2009; Secretary's Order No. 7-2009, 74 FR 58834, 
November 13, 2009; Secretary's Order No. 01-2020.

0
51. In Sec.  471.13, revise paragraph (b)(4) to read as follows:


Sec.  471.13   Under what circumstances, and how, will enforcement 
proceedings under Executive Order 13496 be conducted?

* * * * *
    (b) * * *
    (4) After the expiration of time for filing exceptions, the 
Administrative Review Board may issue an administrative order, or may 
otherwise appropriately dispose of the matter. In an expedited 
proceeding, unless the Administrative Review Board issues an 
administrative order within 30 days after the expiration of time for 
filing exceptions, the Administrative Law Judge's recommended decision 
will become the final administrative order. If the Administrative 
Review Board determines that the contractor has violated the Executive 
Order or the regulations in this part, the administrative order will 
order the contractor to cease and desist from the violations, require 
the contractor to provide appropriate remedies, or, subject to the 
procedures in Sec.  471.14, impose appropriate sanctions and penalties, 
or any combination thereof.

Wage and Hour Division

PART 501--ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY 
ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE 
IMMIGRATION AND NATIONALITY ACT

0
52. The authority citation for part 501 continues to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 
U.S.C. 2461 Note (Federal Civil Penalties Inflation Adjustment Act 
of 1990); and Pub. L. 114-74 at Sec.  701.

0
53. Revise Sec.  501.45 to read as follows:


Sec.  501.45  Decision of the Administrative Review Board.

    The ARB's decision shall be issued within 90 days from the notice 
granting the petition and served upon all parties and the ALJ.

PART 580 CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND 
CONTESTING PENALTIES

0
54. The authority citation for part 580 continues to read as follows:

    Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; Reorg. 
Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 
Stat. 72, 76; Secretary's Order 01-2014 (Dec. 19, 2014), 79 FR 77527 
(Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat. 938.

0
55. Revise Sec.  580.16 to read as follows:


Sec.  580.16  Decision of the Administrative Review Board.

    The Board's decision shall be served upon all parties and the Chief 
Administrative Law Judge, in person or by mail to the last known 
address.

Occupational Safety and Health Administration

PART 1978--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE 
TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED

0
56. The authority citation for part 1978 is revised to read as follows:

    Authority:  49 U.S.C. 31101 and 31105; Secretary's Order 1-2012 
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-
2020.

0
57. In Sec.  1978.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1978.110  Decisions and orders of the Administrative Review 
Board.

    (a) The Assistant Secretary or any other party desiring to seek 
review, including judicial review, of a decision of the ALJ must file a 
written petition for review with the ARB. The parties should identify 
in their petitions for review the legal conclusions or orders to which 
they object, or the objections may be deemed waived. A petition must be 
filed within 14 days of the date of the decision of the ALJ. The date 
of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the 
petition is filed in person, by hand delivery or other means, the 
petition is considered filed upon receipt. The petition must be served 
on all parties and on the Chief Administrative Law Judge at the time it 
is filed with the ARB. Copies of the petition for review and all briefs 
must be served on the Assistant Secretary and, in cases in which the 
Assistant Secretary is a party, on the Associate Solicitor, Division of 
Occupational Safety and Health, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision also will be served on the Assistant 
Secretary, and on the Associate Solicitor, Division of Occupational 
Safety and Health, U.S, Department of Labor, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order, which will be subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020, will require, where 
appropriate: Affirmative action to abate the violation; reinstatement 
of the complainant to his or her former position with the same 
compensation, terms, conditions, and privileges of the

[[Page 13035]]

complainant's employment; payment of compensatory damages (back pay 
with interest and compensation for any special damages sustained as a 
result of the retaliation, including any litigation costs, expert 
witness fees, and reasonable attorney fees the complainant may have 
incurred); and payment of punitive damages up to $250,000. Interest on 
back pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be compounded 
daily.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. Such order will 
be subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020.
* * * * *

0
58. In Sec.  1978.112, revise paragraph (a) to read as follows:


Sec.  1978.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the person resided 
on the date of the violation.
* * * * *

PART 1979--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND 
REFORM ACT FOR THE 21ST CENTURY

0
59. The authority citation for part 1979 continues to read as follows:

    Authority:  49 U.S.C. 42121; Secretary's Order No. 01-2020.

0
60. In Sec.  1979.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1979.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the administrative law judge, or a named person 
alleging that the complaint was frivolous or brought in bad faith who 
seeks an award of attorney's fees, must file a written petition for 
review with the Administrative Review Board (``the Board''). The 
decision of the Administrative Law Judge shall become the final order 
of the Secretary unless, pursuant to this section, a petition for 
review is timely filed with the Board. The petition for review must 
specifically identify the findings, conclusions, or orders to which 
exception is taken. Any exception not specifically urged ordinarily 
shall be deemed to have been waived by the parties. To be effective, a 
petition must be filed within ten business days of the date of the 
decision of the Administrative Law Judge. The date of the postmark, 
facsimile transmittal, or email communication will be considered to be 
the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the Board. Copies 
of the petition for review and all briefs must be served on the 
Assistant Secretary, Occupational Safety and Health Administration, and 
on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210.
* * * * *
    (c) The decision of the Board shall be issued within 120 days of 
the conclusion of the hearing, which shall be deemed to be the 
conclusion of all proceedings before the Administrative Law Judge--
i.e., 10 business days after the date of the decision of the 
Administrative Law Judge unless a motion for reconsideration has been 
filed with the Administrative Law Judge in the interim. The decision 
will be served upon all parties and the Chief Administrative Law Judge 
by mail to the last known address. The decision will also be served on 
the Assistant Secretary, Occupational Safety and Health Administration, 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the party charged has violated the 
law, the ARB shall order the party charged to take appropriate 
affirmative action to abate the violation, including, where 
appropriate, reinstatement of the complainant to that person's former 
position, together with the compensation (including back pay), terms, 
conditions, and privileges of that employment, and compensatory 
damages. At the request of the complainant, the Board shall assess 
against the named person all costs and expenses (including attorney and 
expert witness fees) reasonably incurred. The ARB's order is subject to 
discretionary review by the Secretary as provided in Secretary's Order 
01-2020.
    (e) If the ARB concludes that the party charged has not violated 
the law, the ARB shall issue an order denying the complaint. If, upon 
the request of the named person, the Board determines that a complaint 
was frivolous or was brought in bad faith, the Board may award to the 
named person reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
61. In Sec.  1979.112, revise paragraph (a) to read as follows:


Sec.  1979.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation. A final order of the Secretary is 
not subject to judicial review in any criminal or other civil 
proceeding.
* * * * *

PART 1980--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED

0
62. The authority citation for part 1980 is revised to read as follows:

    Authority: 18 U.S.C. 1514A, as amended by the Dodd-Frank Wall 
Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203 
(July 21, 2010); Secretary's Order No. 01-2012 (Jan. 18, 2012), 77 
FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020.

0
63. In Sec.  1980.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1980.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the

[[Page 13036]]

petition is filed in person, by hand delivery or other means, the 
petition is considered filed upon receipt. The petition must be served 
on all parties and on the Chief Administrative Law Judge at the time it 
is filed with the ARB. Copies of the petition for review must be served 
on the Assistant Secretary and on the Associate Solicitor, Division of 
Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB shall be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge by mail. 
The decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, even if the 
Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing all relief necessary to make the 
complainant whole, including reinstatement with the same seniority 
status that the complainant would have had but for the retaliation; 
back pay with interest; and compensation for any special damages 
sustained as a result of the retaliation, including litigation costs, 
expert witness fees, and reasonable attorney fees. Interest on back pay 
will be calculated using the interest rate applicable to underpayment 
of taxes under 26 U.S.C. 6621 and will be compounded daily. The order 
will also require the respondent to submit appropriate documentation to 
the Social Security Administration allocating any back pay award to the 
appropriate calendar quarters. Such order is subject to discretionary 
review by the Secretary as provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
64. In Sec.  1980.112, revise paragraph (a) to read as follows:


Sec.  1980.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1981--PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002

0
65. The authority citation for part 1981 continues to read as follows:

    Authority: 49 U.S.C. 60129; Secretary's Order No. 01-2020.

0
66. In Sec.  1981.110, revise paragraphs (a), (c), (d), and (e) as 
follows:


Sec.  1981.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the Administrative Law Judge, or a named person 
alleging that the complaint was frivolous or brought in bad faith who 
seeks an award of attorney's fees, must file a written petition for 
review with the Administrative Review Board (``the Board''). The 
decision of the Administrative Law Judge will become the final order of 
the Secretary unless, pursuant to this section, a petition for review 
is timely filed with the Board. The petition for review must 
specifically identify the findings, conclusions, or orders to which 
exception is taken. Any exception not specifically urged ordinarily 
will be deemed to have been waived by the parties. To be effective, a 
petition must be filed within 10 business days of the date of the 
decision of the Administrative Law Judge. The date of the postmark, 
facsimile transmittal, or email communication will be considered to be 
the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the Board. Copies 
of the petition for review and all briefs must be served on the 
Assistant Secretary, Occupational Safety and Health Administration, and 
on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210.
* * * * *
    (c) The decision of the Board shall be issued within 90 days of the 
conclusion of the hearing, which will be deemed to be the conclusion of 
all proceedings before the Administrative Law Judge--i.e., 10 business 
days after the date of the decision of the Administrative Law Judge 
unless a motion for reconsideration has been filed with the 
Administrative Law Judge in the interim. The decision will be served 
upon all parties and the Chief Administrative Law Judge by mail to the 
last known address. The decision will also be served on the Assistant 
Secretary, Occupational Safety and Health Administration, and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, Washington, DC 20210, even if the Assistant Secretary is not 
a party.
    (d) If the ARB concludes that the party charged has violated the 
law, the ARB shall order the party charged to take appropriate 
affirmative action to abate the violation, including, where 
appropriate, reinstatement of the complainant to that person's former 
position, together with the compensation (including back pay), terms, 
conditions, and privileges of that employment, and compensatory 
damages. At the request of the complainant, the Board shall assess 
against the named person all costs and expenses (including attorney and 
expert witness fees) reasonably incurred. Such order is subject to 
discretionary review by the Secretary as provided in Secretary's Order 
01-2020.
    (e) If the ARB concludes that the party charged has not violated 
the law, the ARB will issue an order denying the complaint. If, upon 
the request of the named person, the Board determines that a complaint 
was frivolous or was brought in bad faith, the Board may award to the 
named person reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
67. In Sec.  1981.112, revise paragraph (a) to read as follows:


Sec.  1981.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of

[[Page 13037]]

the order in the United States Court of Appeals for the circuit in 
which the violation allegedly occurred or the circuit in which the 
complainant resided on the date of the violation. A final order of the 
Secretary is not subject to judicial review in any criminal or other 
civil proceeding.
* * * * *

PART 1982--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL 
RAILROAD SAFETY ACT

0
 68. The authority citation for part 1982 is revised to read as 
follows:

    Authority:  6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary's Order 
01-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's 
Order No. 01-2020.


0
69. In Sec.  1982.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1982.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
under NTSSA was frivolous or brought in bad faith who seeks an award of 
attorney fees, must file a written petition for review with the ARB. 
The parties should identify in their petitions for review the legal 
conclusions or orders to which they object, or the objections may be 
deemed waived. A petition must be filed within 14 days of the date of 
the decision of the ALJ. The date of the postmark, facsimile 
transmittal, or electronic communication transmittal will be considered 
to be the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the ARB. Copies 
of the petition for review must be served on the Assistant Secretary, 
and on the Associate Solicitor, Division of Fair Labor Standards.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
denied or 14 days after a new decision is issued. The ARB's decision 
will be served upon all parties and the Chief Administrative Law Judge 
by mail. The decision also will be served on the Assistant Secretary, 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will include, where appropriate, affirmative action to abate the 
violation; reinstatement with the same seniority status that the 
employee would have had but for the retaliation; any back pay with 
interest; and payment of compensatory damages, including compensation 
for any special damages sustained as a result of the retaliation, 
including litigation costs, expert witness fees, and reasonable 
attorney fees. Interest on back pay will be calculated using the 
interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 
and will be compounded daily. The order will also require the 
respondent to submit documentation to the Social Security 
Administration or the Railroad Retirement Board, as appropriate, 
allocating any back pay award to the appropriate months or calendar 
quarters. The order may also require the respondent to pay punitive 
damages up to $250,000. Such order is subject to discretionary review 
by the Secretary as provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint under 
NTSSA was frivolous or was brought in bad faith, the ARB may award to 
the respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
70. In Sec.  1982.112, revise paragraph (a) to read as follows:


Sec.  1982.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1983--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 
2008

0
71. The authority citation for part 1983 is revised to read as follows:

    Authority: 15 U.S.C. 2087; Secretary's Order 1-2012 (Jan. 18, 
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020.


0
72. In Sec.  1983.110, revise paragraphs (a), (c), (d), and (e) as 
follows:


Sec.  1983.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney's 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision will also be served on the Assistant 
Secretary and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor, even if the Assistant Secretary is 
not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will

[[Page 13038]]

require, where appropriate, affirmative action to abate the violation; 
reinstatement of the complainant to his or her former position, 
together with the compensation (including back pay and interest), 
terms, conditions, and privileges of the complainant's employment; and 
payment of compensatory damages, including, at the request of the 
complainant, the aggregate amount of all costs and expenses (including 
attorney and expert witness fees) reasonably incurred. Interest on back 
pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be compounded 
daily. Such order is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent a reasonable attorney's fee, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
73. In Sec.  1983.112, revise paragraph (a) to read as follows:


Sec.  1983.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.

PART 1984--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT

0
74. The authority citation for part 1984 is revised to read as follows:

    Authority:  29 U.S.C. 218C; Secretary's Order 1-2012 (Jan. 18, 
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020.


0
75. In Sec.  1984.110, revise paragraphs (a), (c), (d), and (e) as 
follows:


Sec.  1984.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the Administrative 
Review Board (ARB). The parties should identify in their petitions for 
review the legal conclusions or orders to which they object, or the 
objections may be deemed waived. A petition must be filed within 14 
days of the date of the decision of the ALJ. The date of the postmark, 
facsimile transmittal, or electronic communication transmittal will be 
considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the 
ARB. Copies of the petition for review must be served on the Assistant 
Secretary, and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision will also be served on the Assistant 
Secretary, and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor, even if the Assistant Secretary is 
not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to the complainant's former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate period. Such order is 
subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
76. In Sec.  1984.112, revise paragraph (a) to read as follows:


Sec.  1984.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1985--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE 
EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION 
ACT OF 2010

0
77. The authority citation for part 1985 is revised to read as follows:

    Authority:  12 U.S.C. 5567; Secretary's Order No. 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020.


0
78. In Sec.  1985.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1985.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic

[[Page 13039]]

communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the 
hearing is the date the motion for reconsideration is ruled upon or 14 
days after a new decision is issued. The ARB's decision will be served 
upon all parties and the Chief Administrative Law Judge by mail. The 
decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. 
Such order is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
79. In Sec.  1985.112, revise paragraph (a) to read as follows:


Sec.  1985.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION 
ACT (SPA), AS AMENDED

0
80. The authority citation for part 1986 is revised to read as follows:

    Authority:  46 U.S.C. 2114; 49 U.S.C. 31105; Secretary's Order 
1-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's 
Order No. 01-2020.

0
 81. In Sec.  1986.110, revise paragraphs (a), (c), (d), and (e) to 
read as follows:


Sec.  1986.110  Decisions and orders of the Administrative Review 
Board.

    (a) The Assistant Secretary or any other party desiring to seek 
review, including judicial review, of a decision of the ALJ must file a 
written petition for review with the ARB. The parties should identify 
in their petitions for review the legal conclusions or orders to which 
they object, or the objections may be deemed waived. A petition must be 
filed within 14 days of the date of the decision of the ALJ. The date 
of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the 
petition is filed in person, by hand delivery or other means, the 
petition is considered filed upon receipt. The petition must be served 
on all parties and on the Chief Administrative Law Judge at the time it 
is filed with the ARB. Copies of the petition for review and all briefs 
must be served on the Assistant Secretary and, in cases in which the 
Assistant Secretary is a party, on the Associate Solicitor, Division of 
Occupational Safety and Health, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case, the 
conclusion of the hearing is the date the motion for reconsideration is 
ruled upon or 14 days after a new decision is issued. The ARB's 
decision will be served upon all parties and the Chief Administrative 
Law Judge by mail. The decision also will be served on the Assistant 
Secretary and on the Associate Solicitor, Division of Occupational 
Safety and Health, U.S. Department of Labor, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, with the same compensation, terms, conditions, and privileges 
of the complainant's employment; payment of compensatory damages (back 
pay with interest and compensation for any special damages sustained as 
a result of the retaliation, including any litigation costs, expert 
witness fees, and reasonable attorney fees the complainant may have 
incurred); and payment of punitive damages up to $250,000. Interest on 
back pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be compounded 
daily. Such order is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. Such order is 
subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020.

0
82. In Sec.  1986.112, revise paragraph (a) to read as follows:


Sec.  1986.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the court of appeals of the United States for the circuit in which 
the violation allegedly occurred or the

[[Page 13040]]

circuit in which the complainant resided on the date of the violation.
* * * * *

PART 1987--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER 
SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT

0
83. The authority citation for part 1987 is revised to read as follows:

    Authority: 21 U.S.C. 399d; Secretary's Order No. 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020.

0
84. In Sec.  1987.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1987.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration 
has been filed with the ALJ in the interim. In such case the conclusion 
of the hearing is the date the motion for reconsideration is denied or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge by mail. 
The decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. 
Such order is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
85. In Sec.  1987.112, revise paragraph (a) to read as follows:


Sec.  1987.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

PART 1988--PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER 
SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY 
ACT (MAP-21)

0
86. The authority citation for part 1988 is revised to read as follows:

    Authority: 49 U.S.C. 30171; Secretary's Order No. 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020.


0
87. In Sec.  1988.110, revise paragraphs (a), (c), (d), and (e) to read 
as follows:


Sec.  1988.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, 
of a decision of the ALJ, or a respondent alleging that the complaint 
was frivolous or brought in bad faith who seeks an award of attorney 
fees, must file a written petition for review with the ARB. The parties 
should identify in their petitions for review the legal conclusions or 
orders to which they object, or the objections may be deemed waived. A 
petition must be filed within 14 days of the date of the decision of 
the ALJ. The date of the postmark, facsimile transmittal, or electronic 
communication transmittal will be considered to be the date of filing; 
if the petition is filed in person, by hand delivery or other means, 
the petition is considered filed upon receipt. The petition must be 
served on all parties and on the Chief Administrative Law Judge at the 
time it is filed with the ARB. Copies of the petition for review must 
be served on the Assistant Secretary and on the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
* * * * *
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the 
hearing is the date the motion for reconsideration is ruled upon or 14 
days after a new decision is issued. The ARB's decision will be served 
upon all parties and the Chief Administrative Law Judge by mail. The 
decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of

[[Page 13041]]

compensatory damages, including, at the request of the complainant, the 
aggregate amount of all costs and expenses (including attorney and 
expert witness fees) reasonably incurred. Interest on back pay will be 
calculated using the interest rate applicable to underpayment of taxes 
under 26 U.S.C. 6621 and will be compounded daily. The order will also 
require the respondent to submit appropriate documentation to the 
Social Security Administration allocating any back pay award to the 
appropriate calendar quarters. Such order is subject to discretionary 
review by the Secretary as provided in Secretary's Order 01-2020.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020.

0
88. In Sec.  1988.112, revise paragraph (a) to read as follows:


Sec.  1988.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected 
or aggrieved by the order may file a petition for review of the order 
in the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
* * * * *

Title 41: Public Contracts and Property Management

Office of Federal Contract Compliance Programs

PART 50-203--RULES OF PRACTICE

0
89. The authority citation for part 50-203 continues to read as 
follows:

    Authority:  Sec. 4, 49 Stat. 2038; 41 U.S.C. 38, unless 
otherwise noted.


0
90. In Sec.  50-203.21, revise paragraph (d) to read as follows:


Sec.  50-203.21  Decisions.

* * * * *
    (d) Thereafter, the Administrative Review Board may issue a 
decision ruling upon each exception filed and including any appropriate 
wage determination. Any such decision shall be published in the Federal 
Register after it becomes the final action of the Department.

PART 60-30--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO 
ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246

0
91. The authority citation for part 60-30 continues to read as follows:

     Authority:  Executive Order 11246, as amended, 30 FR 12319, 32 
FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended, and 
38 U.S.C. 4212, as amended.

0
92. Revise Sec.  60-30.29 to read as follows:


Sec.  60-30.29  Record.

    After expiration of the time for filing briefs and exceptions, the 
Administrative Review Board, United States Department of Labor, shall 
make a decision, which shall be the Administrative order, on the basis 
of the record. The record shall consist of the record for recommended 
decision, the rulings and recommended decision of the Administrative 
Law Judge and the exceptions and briefs filed subsequent to the 
Administrative Law Judge's decision.

0
93. Revise Sec.  60-30.30 to read as follows:


Sec.  60-30.30  Administrative Order.

    After expiration of the time for filing, the Administrative Review 
Board, United States Department of Labor, shall make a decision which 
shall be served on all parties. If the Administrative Review Board, 
United States Department of Labor, concludes that the defendant has 
violated the Executive Order, the equal opportunity clause, or the 
regulations, an Administrative Order shall be issued enjoining the 
violations, and requiring the contractor to provide whatever remedies 
are appropriate, and imposing whatever sanctions are appropriate, or 
any of the above. In any event, failure to comply with the 
Administrative Order shall result in the immediate cancellation, 
termination, and suspension of the respondent's contracts and/or 
debarment of the respondent from further contracts.

0
94. Revise Sec.  60-30.37 to read as follows:


Sec.  60-30.37  Final Administrative Order.

    After expiration of the time for filing exceptions, the 
Administrative Review Board, United States Department of Labor, shall 
issue an Administrative Order which shall be served on all parties. 
Unless the Administrative Review Board, United States Department of 
Labor, issues an Administrative Order within 30 days after the 
expiration of the time for filing exceptions, the Administrative Law 
Judge's recommended decision shall become a final Administrative Order 
which shall become effective on the 31st day after expiration of the 
time for filing exceptions. Except as to specific time periods required 
in this subsection, 41 CFR 60-30.30 shall be applicable to this 
section.

[FR Doc. 2020-04017 Filed 3-5-20; 8:45 am]
 BILLING CODE 4510-FN-P