Secretary's Order 01-2020-Delegation of Authority and Assignment of Responsibility to the Administrative Review Board, 13186-13189 [2020-04019]
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices
the Strategic Plan and of program
portfolios to document the Department’s
progress in meeting its strategic
objectives.
7. Reservation of Authority and
Responsibility.
A. The submission of reports and
recommendations to the President and
the Congress concerning the
administration of the statutory
provisions and Executive Orders
affecting DOL is reserved to the
Secretary.
B. This Secretary’s Order does not
affect the authorities or responsibilities
of the Office of Inspector General under
the Inspector General Act of 1978, as
amended, or under Secretary’s Order
04–2006 (February 21, 2006).
C. Except as provided above in
Section 2, all other Secretary’s Orders
remain in full force and effect.
8. Effective Date. This Order is
effective immediately.
Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–04028 Filed 3–5–20; 8:45 am]
BILLING CODE 4510–04–P
DEPARTMENT OF LABOR
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Secretary’s Order 01–2020—Delegation
of Authority and Assignment of
Responsibility to the Administrative
Review Board
1. Purpose. To delegate authority and
assign responsibility to the
Administrative Review Board, define its
composition, and describe its functions.
2. Authorities. This Order is issued
under the authority of 5 U.S.C. 301
(Departmental Regulations); 29 U.S.C.
551 et seq. (Establishment of
Department; Secretary; Seal);
Reorganization Plan No. 6 1950 (5
U.S.C. App. 1 Reorg. Plan 6 1950); and
the authorities cited in Section 5 of this
Order.
3. Background. The Secretary of Labor
(‘‘Secretary’’) has the authority and
responsibility to decide certain appeals
from administrative decisions. The
Secretary created the Administrative
Review Board (‘‘Board’’ or ‘‘ARB’’) in
Secretary’s Order 02–96, which
delegated authority and assigned
responsibilities to the Board. Secretary’s
Order 01–2002 delegated this authority
and assigned responsibility to the ARB,
defined and expanded its composition,
clarified ARB procedural authorities,
and codified the location of the ARB in
the Department’s organizational
structure. Secretary’s Order 01–2010,
then, created and designated a ViceChair to maintain and operate the Board
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during a Chair’s absence or vacancy.
Additionally, Secretary’s Order 01–2010
delegated the responsibility for the
operational management of the Board
and its affairs to the newly created ViceChair. Secretary’s Order 02–2012
provided updates to the delegation of
authority and assignment of
responsibilities laid out in the previous
orders. Secretary’s Order 01–2019
extended the term of membership of
Board members from two years to four
years. This Order allows for
discretionary review by the Secretary of
Board decisions.
4. Directives Affected. Secretary’s
Order 01–2019—Delegation of Authority
and Assignment of Responsibility to the
Administrative Review Board is hereby
canceled. Any Secretary’s Order or other
DOL document (including policies and
guidance) that references Secretary’s
Order 01–2019 is deemed to refer to this
Order instead.
5. Delegation of Authority and
Assignment of Responsibilities. The
Board is hereby delegated authority and
assigned responsibility to act for the
Secretary of Labor in review or on
appeal of the matters listed below. This
authority includes, but is not limited to,
the issuance of final agency decisions,
as provided for in Section 6 of this
Order, except in those cases reviewed
by the Secretary in accordance with that
Section. The Board shall report to the
Secretary through the Deputy Secretary
of Labor and shall immediately transmit
its decisions to the Deputy Secretary
once they are issued.
a. Final decisions of the
Administrator of the Wage and Hour
Division or an authorized representative
of the Administrator, and final decisions
of Administrative Law Judges (‘‘ALJs’’),
under the following:
1. The Davis-Bacon Act, 40 U.S.C.
3141 et seq.; any laws now existing or
which may be subsequently enacted,
providing for prevailing wages
determined by the Secretary of Labor in
accordance with or pursuant to the
Davis-Bacon Act; the Contract Work
Hours and Safety Standards Act, 40
U.S.C. 3701 et seq. (except matters
pertaining to safety); the Copeland Act,
40 U.S.C. 3145; Reorganization Plan No.
14 of 1950; and 29 CFR parts 1, 3, 5, 6,
subpart C and D.
2. The McNamara-O’Hara Service
Contract Act, as amended, 41 U.S.C.
6701 et seq.; the Contract Work Hours
and Safety Standards Act, 40 U.S.C.
3701 et seq. (except matters pertaining
to safety) where the contract is also
subject to the McNamara-O’Hara Service
Contract Act; and 29 CFR parts 4, 5, 6,
subparts B, D, E.
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3. Executive Order No. 13658, as
implemented, 29 CFR 10.51 et seq.
4. Executive Order No. 13706, as
implemented, 29 CFR 13.51 et seq.
b. Decisions and recommended
decisions by ALJs as provided for or
pursuant to the following laws and
implementing regulations:
1. Age Discrimination Act of 1975, 42
U.S.C. 6103;
2. Title VI of the Civil Rights Act of
1964, 42 U.S.C. 2000d-l; 29 CFR part 31;
3. Civil Service Reform Act of 1978,
5 U.S.C. 7120; 29 CFR part 458,
§§ 458.70, 458.72, 458.76, 458.81,
458.82, 458.88, 458.90, 458.91, and
458.93;
4. Clean Air Act, 42 U.S.C. 7622; 29
CFR part 24;
5. Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, 42 U.S.C. 9610; 29 CFR part
24;
6. Congressional Accountability Act
of 1995, 2 U.S.C. 1351(a)(1); 29 CFR part
458, §§ 458.70, 458.72, 458.76, 458.81,
458.82, 458.88, 458.90, 458.91, and
458.93;
7. Consumer Financial Protection Act
of 2010, Section 1057 of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act of 2010, 12 U.S.C. 5567,
Public Law 111–203;
8. Consumer Product Safety
Improvement Act of 2008, 15 U.S.C.
2087; 29 CFR part 1983;
9. Title IX of the Education
Amendments of 1972, 20 U.S.C. 1682;
29 CFR part 36;
10. Employee Polygraph Protection
Act of 1988, 29 U.S.C. 2005(a); 29 CFR
part 801, subpart E;
11. Energy Reorganization Act of
1974, as amended, 42 U.S.C. 5851; 29
CFR part 24;
12. Equal Access to Justice Act, 5
U.S.C. 504; 29 CFR part 16;
13. Executive Order No. 11246, as
amended, 3 CFR part 339 (1964–1965
Comp.); reprinted in 42 U.S.C. 2000e
app.; 41 CFR parts 60–1 and 60–30;
14. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 203(m); 29 CFR
part 531, §§ 531.4, 531.5;
15. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 211(d); 29 CFR
part 530, subpart E;
16. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 214(c); 29 CFR
part 525, § 525.22;
17. Fair Labor Standards Act of 1938,
as amended, 29 U.S.C. 216(e); 29 CFR
part 580;
18. Fair Labor Standards Act of 1938,
as amended by the Affordable Care Act,
29 U.S.C. 218C, Public Law 111–148,
section 1558;
19. Federal Railroad Safety Act, 49
U.S.C. 20109; 29 CFR part 1982;
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20. Federal Unemployment Tax Act,
26 U.S.C. 3303(b)(3), 3304(c);
21. Federal Unemployment Tax Act
(addressing agreements under the Trade
Act of 1974, as amended), 26 U.S.C.
3302(c)(3); 20 CFR part 617;
22. Federal Water Pollution Control
Act, 33 U.S.C. 1367; 29 CFR part 24;
23. Foreign Service Act of 1980, 22
U.S.C. 4117; 29 CFR part 458, §§ 458.70,
458.72, 458.76, 458.81, 458.82, 458.88,
458.90, 458.91, 458.92, and 458.93;
24. Immigration and Nationality Act
as amended, 8 U.S.C. 1182(m); 20 CFR
part 655, subpart E;
25. Immigration and Nationality Act
as amended, 8 U.S.C. 1182(m); 20 CFR
part 655, subpart M;
26. Immigration and Nationality Act,
as amended, 8 U.S.C. 1182(n); 20 CFR
part 655, subpart I;
27. Immigration and Nationality Act,
as amended, 8 U.S.C. 1184(c)(14); 20
CFR part 655, subpart A; 29 CFR part
503, subpart C;
28. Immigration and Nationality Act,
as amended, 8 U.S.C. 1188(b)(2); 20 CFR
part 655, subpart A, 29 CFR part 503,
subpart C;
29. Immigration and Nationality Act,
as amended, 8 U.S.C. 1288(c) and (d); 20
CFR part 655, subpart G;
30. Immigration and Nationality Act,
as amended, 8 U.S.C. 1188(g)(2); 29 CFR
part 501, subpart C;
31. Labor-Management Reporting and
Disclosure Act of 1959, 29 U.S.C.
481(h); 29 CFR part 417, §§ 417.6, 417.7,
417.9(c), 417.13, 417.14, and 417.15;
32. Longshore and Harbor Workers’
Compensation Act, 33 U.S.C. 907(j)(2);
20 CFR part 702;
33. Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C. 1813,
1853; 29 CFR part 500, subpart F;
34. Motor Vehicle and Highway
Safety Improvement Act of 2012,
Section 31307 of the Moving Ahead for
Progress in the 21st Century Act, 49
U.S.C. 30171;
35. National Apprenticeship Act, 29
U.S.C. 50; 29 CFR parts 29 and 30;
36. National Transit Systems Security
Act of 2007, 6 U.S.C. 1142; 29 CFR part
1982;
37. Notification of Employee Rights
Under Federal Labor Laws, 29 CFR part
471;
38. Older Americans Senior
Community Service Employment
Program, 42 U.S.C. 3056; 20 CFR
641.900;
39. Part B of the Black Lung Benefits
Act, 30 U.S.C. 921–924; Section 3(d)(3)
of the Black Lung Consolidation of
Administrative Responsibility Act
(2002); 20 CFR part 410 (2011);
40. Pipeline Safety Improvement Act
of 2002, 49 U.S.C. 60129; 29 CFR part
1981;
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41. Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. 3803; 29 CFR part 22;
42. Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5177(a) and 5189a; 20 CFR part
625;
43. Section 423(d)(1) of the Black
Lung Benefits Act, 30 U.S.C. 933(d)(1);
20 CFR part 726;
44. Section 428 of the Black Lung
Benefits Act, 30 U.S.C. 938;
45. Seaman’s Protection Act, 46
U.S.C. 2114;
46. Section 402 of the FDA Food
Safety Modernization Act, Public Law
111–353, 21 U.S.C. 399d;
47. Section 503 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 793;
41 CFR part 60–741, subpart B;
48. Section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 794;
29 CFR part 32;
49. Section 1405(b) of the Taxpayer
First Act, 26 U.S.C. 7623(d);
50. Safe Drinking Water Act, 42 U.S.C.
300j–9(i); 29 CFR part 24;
51. Sarbanes-Oxley Act of 2002, 18
U.S.C. 514A, as amended by Sections
922 and 929A of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010, Public Law 111–203; 29
CFR part 1980;
52. Single Audit Act of 1984, as
amended, 31 U.S.C. 7501 et seq.; OMB
Circular No. A–133, as amended; 29
CFR part 96;
53. Social Security Act, 42 U.S.C. 503;
20 CFR parts 601 and 602;
54. Solid Waste Disposal Act, 42
U.S.C. 6971; 29 CFR part 24;
55. Surface Transportation Assistance
Act, 49 U.S.C. 31105; 29 CFR part 1978;
56. Toxic Substances Control Act, 15
U.S.C. 2622; 29 CFR part 24;
57. Trade Act of 1974, as amended, 19
U.S.C. 2101–2321; 20 CFR part 617;
58. Unemployment Compensation for
Federal Civilian Employees Program, 5
U.S.C. 8501–8508; 20 CFR part 609;
59. Unemployment Compensation for
Ex-Service Members Program, 5 U.S.C.
8521–8525; 20 CFR part 614;
60. Vietnam Era Veterans
Readjustment Assistance Act, as
amended, 38 U.S.C. 4211, 4212; 41 CFR
part 60–250, subpart B, and part 60–300,
subpart B;
61. Wagner-Peyser Act, as amended,
29 U.S.C. 49; 20 CFR part 658;
62. Walsh-Healey Public Contracts
Act, as amended, 41 U.S.C. 38; 41 CFR
part 50–203;
63. Welfare to Work Act, 20 CFR
645.800(c);
64. Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century, 49 U.S.C. 42121; 29 CFR part
1979;
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13187
65. Workforce Investment Act of 1998,
as amended, 29 U.S.C. 2936; 20 CFR
667.830;
66. Workforce Innovation and
Opportunity Act, 29 U.S.C. 3246; 20
CFR 683.830;
67. Workforce Investment Act of 1998,
as amended, 29 U.S.C. 2938; 29 CFR
part 37 (see 37.110–112);
68. Workforce Innovation and
Opportunity Act, 29 U.S.C. 3248; 29
CFR part 38 (see 38.112); and
69. Any laws or regulations
subsequently enacted or promulgated
that provide for final decisions by the
Secretary of Labor upon appeal or
review of decisions, or recommended
decisions, issued by ALJs, and any
federal law that extends or supplements
unemployment compensation and
provides for final decisions by the
Secretary of Labor.
The Board shall not have jurisdiction
to pass on the validity of any portion of
the Code of Federal Regulations that has
been duly promulgated by the
Department of Labor and shall observe
the provisions thereof, where pertinent,
in its decisions. The Board also shall not
have jurisdiction to review decisions to
deny or grant exemptions, variations,
and tolerances and does not have the
authority independently to take such
actions. In issuing its decisions, the
Board shall adhere to the rules of
decision and precedent applicable
under each of the laws enumerated in
Sections 5(a) and 5(b) of this Order,
until and unless the Board or other
authority explicitly reverses such rules
of decision or precedent. The Board’s
authority includes the discretionary
authority to review interlocutory rulings
in exceptional circumstances, provided
such review is not prohibited by statute.
6. Discretionary Review.
a. Finality of Board Decisions
1. Except as otherwise provided in
this Section or by statute, a decision of
the Board shall become the final action
of the Department after the passage of 28
calendar days from the date on which
the decision was issued.
2. In the case of a decision for which
a petition has been filed under
subsection (b)(1), but that the Board has
not referred to the Secretary for review,
such decision shall become the final
action of the Department after the
passage of 28 calendar days from the
date on which the petition was filed.
3. In the case of a decision that the
Board has referred to the Secretary for
review under Subsection (b)(1), such
decision shall become the final action of
the Department either after the passage
of 28 calendar days from the date on
which the decision was referred, or on
the date on which the Secretary declines
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review, whichever comes first, if the
Secretary has declined review or if no
action has been taken in response to the
Board’s referral.
4. In the case of a decision that the
Secretary has directed the Board to refer
to the Secretary under Subsection (b)(2),
or in the case of a decision referred to
and accepted by the Secretary under
Subsection (b)(1), such decision shall
not become the final action of the
Department and shall have no legal
force or effect, unless and until the
Secretary adopts the Board’s decision as
his or her own.
b. Referral of Cases to the Secretary
1. At any point during the first 14
calendar days after the date on which a
decision of the Board was issued, a
party to the case may file a petition with
the Board for further review by the
Secretary. Such petition shall not
exceed 15 pages in length and must
begin with a statement of the legal issue
or issues of which the party is seeking
review and why the case involves a
matter of exceptional importance. A
brief in opposition to the petition may
be filed within 10 calendar days after
the filing of the petition, and shall not
exceed 15 pages in length. Within 21
calendar days of the date on which the
petition for further review was filed, if
a majority of the Board determines that
the petition presents a question of law
that is of exceptional importance and
warrants review by the Secretary, the
Board shall advise the Secretary of such
determination in writing and explain
why the Board believes review by the
Secretary is warranted. The Secretary
may, in his or her sole discretion,
decline, accept, or take no action on the
Board’s referral as the Secretary deems
appropriate.
2. At any point during the first 28
calendar days after the date on which a
decision was issued, the Secretary may,
in his or her sole discretion, direct the
Board to refer such decision to the
Secretary for review.
c. Review by the Secretary
1. When the Secretary undertakes the
review of a decision of the Board, the
Board shall promptly notify the parties
to the case in writing of such action and
supply the Secretary with the
administrative record and the petition
and briefs filed by the parties.
2. In any case the Secretary decides,
the Secretary’s decision shall be made
solely based on the administrative
record, the petition and briefs filed with
the Board, and any amicus briefs
permitted by the Secretary. The decision
shall be stated in writing and
transmitted to the Board. The Board
shall publish the decision and transmit
it to the parties to the case.
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3. The Secretary’s 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.
d. Reservation of Authority—Nothing
in this Section shall be construed as
limiting the Secretary’s power to
supervise or direct the actions of the
Board.
7. Composition and Panel
Configuration.
a. The Board shall consist of a
maximum of five Members, one of
whom the Secretary shall designate as
Chair, and a second of whom the
Secretary shall designate as Vice-Chair.
The Members of the Board shall be
appointed by the Secretary of Labor, and
shall be selected upon the basis of their
qualifications and competence in
matters within the authority of the
Board.
b. Except as provided in Section 7(c),
the Board shall sit, hear cases, render
decisions, and perform all other related
functions in panels of two or three
Members, as may be assigned by the
Chair, unless the Chair specifically
directs that an appeal or review will be
decided by the full Board.
c. Except as otherwise provided by
law or duly promulgated regulation (see,
e.g., 29 CFR parts 7 and 8), if the
petitioner(s) and the respondent(s) (or
the appellant(s) and the appellees(s))
consent to disposition by a single
Member, the Chair may determine that
the decision shall be by a single
Member. Upon an affirmative
determination, the Chair of the Board
shall, in his or her discretion, designate
himself, herself, or any other Member of
the Board to decide such an appeal
under Section 9.
d. The Vice-Chair shall preside at
meetings in the absence of the Chair. In
the event of the vacancy of the Chair’s
position, the Vice-Chair shall assume all
of the Chair’s authority and shall act as
Chair.
e. The Vice-Chair shall be responsible
for the operational management of the
Board and its affairs.
8. Terms of the Members.
a. Members of the Board shall be
appointed for a term of four years or
less. Term of service may be extended,
if deemed necessary by the Secretary, to
promote the efficiency of service, and
will be considered on a case-by-case
basis.
b. Appointment of a Member of the
Board to a term not to exceed a specified
time period shall not affect the authority
of the Secretary to remove any Member
at any time prior to the completion of
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the term, consistent with applicable
law.
c. Vacancies in the membership of the
Board shall not impair the authority of
the remaining Member(s) to exercise all
the powers and duties of the Board.
9. Voting. A petition for review by the
Board may be granted upon the
affirmative vote of one Member, or at
the direction of the Secretary, except
where otherwise provided by law or
regulation. A decision in any matter,
including the issuance of any
procedural rules, shall be by a majority
vote, except as provided in Section 7(c).
10. Location of Board Proceedings.
The Board shall hold its proceedings in
Washington, DC, unless for good cause
the Board orders that proceedings in a
particular matter be held in another
location.
11. Rules of Practice and Procedure.
The Board shall prescribe such rules of
practice and procedure, as it deems
necessary or appropriate, for the
conduct of its proceedings. The rules
which are prescribed as of the date of
this Order in 29 CFR part 7 and Part 8
with respect to Sections 5(a) and 5(b),
respectively, of this Order until
changed, govern the respective
proceedings of the Board when it is
deciding appeals described in Section 5
of this Order.
12. Departmental Counsel. The
Solicitor of Labor shall have the
responsibility for representing the
Secretary, the Deputy Secretary, and
other officials of the Department and the
Board in any administrative or judicial
proceedings involving agency decisions
issued pursuant to this Order, including
representing officials of the Department
before the Board. In addition, the
Solicitor of Labor, or his or her
designee, shall have the responsibility
for providing legal advice to the
Secretary, the Deputy Secretary, and
other officials of the Department with
respect to decisions covered by this
Order, as well as the implementation
and administration of this Order, except
that no individual involved in the
investigation or prosecution of a case
shall advise the Secretary on the
exercise of the powers described in
Section 6 of this Order with respect to
such case or a case involving a common
nucleus of operative facts. The Solicitor
of Labor, or his or her designee, may
also provide legal advice and assistance
on the same terms to the Chair and/or
Vice-Chair of the Board, as appropriate.
13. Effective Date. This delegation of
authority and assignment of
responsibility is effective immediately.
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices
Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–04019 Filed 3–5–20; 8:45 am]
BILLING CODE 4510–04–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0003]
Proposed Extension of Information
Collection; Radiation Sampling and
Exposure Records
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995. This program helps to ensure that
requested data can be provided in the
desired format, reporting burden (time
and financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Radiation
Sampling and Exposure Records.
DATES: All comments must be received
on or before May 5, 2020.
ADDRESSES: You may submit comment
as follows. Please note that late,
untimely filed comments will not be
considered.
Electronic Submissions: Submit
electronic comments in the following
way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
for docket number MSHA–2020–0006.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket, with no changes. Because
your comment will be made public, you
are responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as your or anyone else’s Social
Security number or confidential
business information.
• If you want to submit a comment
with confidential information that you
SUMMARY:
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do not wish to be made available to the
public, submit the comment as a
written/paper submission.
Written/Paper Submissions: Submit
written/paper submissions in the
following way:
• Mail/Hand Delivery: Mail or visit
DOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• MSHA will post your comment as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
Sheila McConnell, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty in protecting the
safety and health of miners. Further,
section 101(a) of the Mine Act, 30 U.S.C.
811, authorizes the Secretary of Labor to
develop, promulgate, and revise as may
be appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal and metal and nonmetal
mines.
Under the authority of Section 103 of
the Federal Mine Safety and Health Act
of 1977, MSHA is required to issue
regulations requiring operators to
maintain accurate records of employee
exposures to potentially toxic materials
or harmful physical agents which are
required to be monitored or measured
under any applicable mandatory health
or safety standard promulgated under
this Act.
Airborne radon and radon daughters
exist in every uranium mine and in
several other underground mining
commodities. Radon is radioactive gas.
It diffuses into the underground mine
atmosphere through the rock and the
ground water. Radon decays in a series
of steps into other radioactive elements,
which are solids, called radon
daughters. Radon and radon daughters
are invisible and odorless. Decay of
radon and its daughters results in
emissions of alpha energy.
Medical doctors and scientists have
associated high radon daughter
exposures with lung cancer. The health
hazard arises from breathing air
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
13189
contaminated with radon daughters
which are in turn deposited in the
lungs. The lung tissues are sensitive to
alpha radioactivity.
The amounts of airborne radon
daughters to which most miners can be
exposed with no adverse effects have
been established and are expressed as
working levels (WL). The current MSHA
standard is a maximum personal
exposure of 4 working level months per
year.
Excess lung cancer in uranium
miners, just as coal workers’
pneumoconiosis, silicosis, and other
debilitating occupational diseases, has
been recognized for many years. Thus,
an adequate base of accurate exposure
level data is essential to control miners’
exposures and permit an evaluation of
the effectiveness of existing regulations.
The standard at 30 CFR 57.5037
established the procedures to be used by
the mine operator in sampling mine air
for the presence and concentrations of
radon daughters. Operators are required
to conduct weekly sampling where
concentrations of radon daughters
exceed 0.3 WL. Sampling is required biweekly where uranium mines have
readings of 0.1 WL to 0.3 WL and every
3 months in non-uranium underground
mines where the readings are 0.1 WL to
0.3 WL. Mine operators are required to
keep records of all mandatory
samplings. Records must include the
sample date, location, and results, and
must be retained at the mine site or
nearest mine office for at least 2 years.
The standard at 30 CFR 57.5040
requires mine operators to calculate and
record individual exposures to radon
daughters on MSHA Form 4000–9
‘‘Record of Individual Exposure to
Radon Daughters.’’ The calculations are
based on the results of the weekly
sampling required by 30 CFR 57.5037.
Records must be maintained by the
operator and submitted to MSHA
annually.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Radiation Sampling
and Exposure Records. MSHA is
particularly interested in comments
that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
E:\FR\FM\06MRN1.SGM
06MRN1
]]>Agencies
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13186-13189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04019]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Secretary's Order 01-2020--Delegation of Authority and Assignment
of Responsibility to the Administrative Review Board
1. Purpose. To delegate authority and assign responsibility to the
Administrative Review Board, define its composition, and describe its
functions.
2. Authorities. This Order is issued under the authority of 5
U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 et seq.
(Establishment of Department; Secretary; Seal); Reorganization Plan No.
6 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); and the authorities cited
in Section 5 of this Order.
3. Background. The Secretary of Labor (``Secretary'') has the
authority and responsibility to decide certain appeals from
administrative decisions. The Secretary created the Administrative
Review Board (``Board'' or ``ARB'') in Secretary's Order 02-96, which
delegated authority and assigned responsibilities to the Board.
Secretary's Order 01-2002 delegated this authority and assigned
responsibility to the ARB, defined and expanded its composition,
clarified ARB procedural authorities, and codified the location of the
ARB in the Department's organizational structure. Secretary's Order 01-
2010, then, created and designated a Vice-Chair to maintain and operate
the Board during a Chair's absence or vacancy. Additionally,
Secretary's Order 01-2010 delegated the responsibility for the
operational management of the Board and its affairs to the newly
created Vice-Chair. Secretary's Order 02-2012 provided updates to the
delegation of authority and assignment of responsibilities laid out in
the previous orders. Secretary's Order 01-2019 extended the term of
membership of Board members from two years to four years. This Order
allows for discretionary review by the Secretary of Board decisions.
4. Directives Affected. Secretary's Order 01-2019--Delegation of
Authority and Assignment of Responsibility to the Administrative Review
Board is hereby canceled. Any Secretary's Order or other DOL document
(including policies and guidance) that references Secretary's Order 01-
2019 is deemed to refer to this Order instead.
5. Delegation of Authority and Assignment of Responsibilities. The
Board is hereby delegated authority and assigned responsibility to act
for the Secretary of Labor in review or on appeal of the matters listed
below. This authority includes, but is not limited to, the issuance of
final agency decisions, as provided for in Section 6 of this Order,
except in those cases reviewed by the Secretary in accordance with that
Section. The Board shall report to the Secretary through the Deputy
Secretary of Labor and shall immediately transmit its decisions to the
Deputy Secretary once they are issued.
a. Final decisions of the Administrator of the Wage and Hour
Division or an authorized representative of the Administrator, and
final decisions of Administrative Law Judges (``ALJs''), under the
following:
1. The Davis-Bacon Act, 40 U.S.C. 3141 et seq.; any laws now
existing or which may be subsequently enacted, providing for prevailing
wages determined by the Secretary of Labor in accordance with or
pursuant to the Davis-Bacon Act; the Contract Work Hours and Safety
Standards Act, 40 U.S.C. 3701 et seq. (except matters pertaining to
safety); the Copeland Act, 40 U.S.C. 3145; Reorganization Plan No. 14
of 1950; and 29 CFR parts 1, 3, 5, 6, subpart C and D.
2. The McNamara-O'Hara Service Contract Act, as amended, 41 U.S.C.
6701 et seq.; the Contract Work Hours and Safety Standards Act, 40
U.S.C. 3701 et seq. (except matters pertaining to safety) where the
contract is also subject to the McNamara-O'Hara Service Contract Act;
and 29 CFR parts 4, 5, 6, subparts B, D, E.
3. Executive Order No. 13658, as implemented, 29 CFR 10.51 et seq.
4. Executive Order No. 13706, as implemented, 29 CFR 13.51 et seq.
b. Decisions and recommended decisions by ALJs as provided for or
pursuant to the following laws and implementing regulations:
1. Age Discrimination Act of 1975, 42 U.S.C. 6103;
2. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-l; 29
CFR part 31;
3. Civil Service Reform Act of 1978, 5 U.S.C. 7120; 29 CFR part
458, Sec. Sec. 458.70, 458.72, 458.76, 458.81, 458.82, 458.88, 458.90,
458.91, and 458.93;
4. Clean Air Act, 42 U.S.C. 7622; 29 CFR part 24;
5. Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9610; 29 CFR part 24;
6. Congressional Accountability Act of 1995, 2 U.S.C. 1351(a)(1);
29 CFR part 458, Sec. Sec. 458.70, 458.72, 458.76, 458.81, 458.82,
458.88, 458.90, 458.91, and 458.93;
7. Consumer Financial Protection Act of 2010, Section 1057 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, 12
U.S.C. 5567, Public Law 111-203;
8. Consumer Product Safety Improvement Act of 2008, 15 U.S.C. 2087;
29 CFR part 1983;
9. Title IX of the Education Amendments of 1972, 20 U.S.C. 1682; 29
CFR part 36;
10. Employee Polygraph Protection Act of 1988, 29 U.S.C. 2005(a);
29 CFR part 801, subpart E;
11. Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851;
29 CFR part 24;
12. Equal Access to Justice Act, 5 U.S.C. 504; 29 CFR part 16;
13. Executive Order No. 11246, as amended, 3 CFR part 339 (1964-
1965 Comp.); reprinted in 42 U.S.C. 2000e app.; 41 CFR parts 60-1 and
60-30;
14. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 203(m);
29 CFR part 531, Sec. Sec. 531.4, 531.5;
15. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 211(d);
29 CFR part 530, subpart E;
16. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 214(c);
29 CFR part 525, Sec. 525.22;
17. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 216(e);
29 CFR part 580;
18. Fair Labor Standards Act of 1938, as amended by the Affordable
Care Act, 29 U.S.C. 218C, Public Law 111-148, section 1558;
19. Federal Railroad Safety Act, 49 U.S.C. 20109; 29 CFR part 1982;
[[Page 13187]]
20. Federal Unemployment Tax Act, 26 U.S.C. 3303(b)(3), 3304(c);
21. Federal Unemployment Tax Act (addressing agreements under the
Trade Act of 1974, as amended), 26 U.S.C. 3302(c)(3); 20 CFR part 617;
22. Federal Water Pollution Control Act, 33 U.S.C. 1367; 29 CFR
part 24;
23. Foreign Service Act of 1980, 22 U.S.C. 4117; 29 CFR part 458,
Sec. Sec. 458.70, 458.72, 458.76, 458.81, 458.82, 458.88, 458.90,
458.91, 458.92, and 458.93;
24. Immigration and Nationality Act as amended, 8 U.S.C. 1182(m);
20 CFR part 655, subpart E;
25. Immigration and Nationality Act as amended, 8 U.S.C. 1182(m);
20 CFR part 655, subpart M;
26. Immigration and Nationality Act, as amended, 8 U.S.C. 1182(n);
20 CFR part 655, subpart I;
27. Immigration and Nationality Act, as amended, 8 U.S.C.
1184(c)(14); 20 CFR part 655, subpart A; 29 CFR part 503, subpart C;
28. Immigration and Nationality Act, as amended, 8 U.S.C.
1188(b)(2); 20 CFR part 655, subpart A, 29 CFR part 503, subpart C;
29. Immigration and Nationality Act, as amended, 8 U.S.C. 1288(c)
and (d); 20 CFR part 655, subpart G;
30. Immigration and Nationality Act, as amended, 8 U.S.C.
1188(g)(2); 29 CFR part 501, subpart C;
31. Labor-Management Reporting and Disclosure Act of 1959, 29
U.S.C. 481(h); 29 CFR part 417, Sec. Sec. 417.6, 417.7, 417.9(c),
417.13, 417.14, and 417.15;
32. Longshore and Harbor Workers' Compensation Act, 33 U.S.C.
907(j)(2); 20 CFR part 702;
33. Migrant and Seasonal Agricultural Worker Protection Act, 29
U.S.C. 1813, 1853; 29 CFR part 500, subpart F;
34. Motor Vehicle and Highway Safety Improvement Act of 2012,
Section 31307 of the Moving Ahead for Progress in the 21st Century Act,
49 U.S.C. 30171;
35. National Apprenticeship Act, 29 U.S.C. 50; 29 CFR parts 29 and
30;
36. National Transit Systems Security Act of 2007, 6 U.S.C. 1142;
29 CFR part 1982;
37. Notification of Employee Rights Under Federal Labor Laws, 29
CFR part 471;
38. Older Americans Senior Community Service Employment Program, 42
U.S.C. 3056; 20 CFR 641.900;
39. Part B of the Black Lung Benefits Act, 30 U.S.C. 921-924;
Section 3(d)(3) of the Black Lung Consolidation of Administrative
Responsibility Act (2002); 20 CFR part 410 (2011);
40. Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60129; 29
CFR part 1981;
41. Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3803; 29
CFR part 22;
42. Robert T. Stafford Disaster Relief and Emergency Assistance
Act, 42 U.S.C. 5177(a) and 5189a; 20 CFR part 625;
43. Section 423(d)(1) of the Black Lung Benefits Act, 30 U.S.C.
933(d)(1); 20 CFR part 726;
44. Section 428 of the Black Lung Benefits Act, 30 U.S.C. 938;
45. Seaman's Protection Act, 46 U.S.C. 2114;
46. Section 402 of the FDA Food Safety Modernization Act, Public
Law 111-353, 21 U.S.C. 399d;
47. Section 503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 793; 41 CFR part 60-741, subpart B;
48. Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794; 29 CFR part 32;
49. Section 1405(b) of the Taxpayer First Act, 26 U.S.C. 7623(d);
50. Safe Drinking Water Act, 42 U.S.C. 300j-9(i); 29 CFR part 24;
51. Sarbanes-Oxley Act of 2002, 18 U.S.C. 514A, as amended by
Sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010, Public Law 111-203; 29 CFR part 1980;
52. Single Audit Act of 1984, as amended, 31 U.S.C. 7501 et seq.;
OMB Circular No. A-133, as amended; 29 CFR part 96;
53. Social Security Act, 42 U.S.C. 503; 20 CFR parts 601 and 602;
54. Solid Waste Disposal Act, 42 U.S.C. 6971; 29 CFR part 24;
55. Surface Transportation Assistance Act, 49 U.S.C. 31105; 29 CFR
part 1978;
56. Toxic Substances Control Act, 15 U.S.C. 2622; 29 CFR part 24;
57. Trade Act of 1974, as amended, 19 U.S.C. 2101-2321; 20 CFR part
617;
58. Unemployment Compensation for Federal Civilian Employees
Program, 5 U.S.C. 8501-8508; 20 CFR part 609;
59. Unemployment Compensation for Ex-Service Members Program, 5
U.S.C. 8521-8525; 20 CFR part 614;
60. Vietnam Era Veterans Readjustment Assistance Act, as amended,
38 U.S.C. 4211, 4212; 41 CFR part 60-250, subpart B, and part 60-300,
subpart B;
61. Wagner-Peyser Act, as amended, 29 U.S.C. 49; 20 CFR part 658;
62. Walsh-Healey Public Contracts Act, as amended, 41 U.S.C. 38; 41
CFR part 50-203;
63. Welfare to Work Act, 20 CFR 645.800(c);
64. Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, 49 U.S.C. 42121; 29 CFR part 1979;
65. Workforce Investment Act of 1998, as amended, 29 U.S.C. 2936;
20 CFR 667.830;
66. Workforce Innovation and Opportunity Act, 29 U.S.C. 3246; 20
CFR 683.830;
67. Workforce Investment Act of 1998, as amended, 29 U.S.C. 2938;
29 CFR part 37 (see 37.110-112);
68. Workforce Innovation and Opportunity Act, 29 U.S.C. 3248; 29
CFR part 38 (see 38.112); and
69. Any laws or regulations subsequently enacted or promulgated
that provide for final decisions by the Secretary of Labor upon appeal
or review of decisions, or recommended decisions, issued by ALJs, and
any federal law that extends or supplements unemployment compensation
and provides for final decisions by the Secretary of Labor.
The Board shall not have jurisdiction to pass on the validity of
any portion of the Code of Federal Regulations that has been duly
promulgated by the Department of Labor and shall observe the provisions
thereof, where pertinent, in its decisions. The Board also shall not
have jurisdiction to review decisions to deny or grant exemptions,
variations, and tolerances and does not have the authority
independently to take such actions. In issuing its decisions, the Board
shall adhere to the rules of decision and precedent applicable under
each of the laws enumerated in Sections 5(a) and 5(b) of this Order,
until and unless the Board or other authority explicitly reverses such
rules of decision or precedent. The Board's authority includes the
discretionary authority to review interlocutory rulings in exceptional
circumstances, provided such review is not prohibited by statute.
6. Discretionary Review.
a. Finality of Board Decisions
1. Except as otherwise provided in this Section or by statute, a
decision of the Board shall become the final action of the Department
after the passage of 28 calendar days from the date on which the
decision was issued.
2. In the case of a decision for which a petition has been filed
under subsection (b)(1), but that the Board has not referred to the
Secretary for review, such decision shall become the final action of
the Department after the passage of 28 calendar days from the date on
which the petition was filed.
3. In the case of a decision that the Board has referred to the
Secretary for review under Subsection (b)(1), such decision shall
become the final action of the Department either after the passage of
28 calendar days from the date on which the decision was referred, or
on the date on which the Secretary declines
[[Page 13188]]
review, whichever comes first, if the Secretary has declined review or
if no action has been taken in response to the Board's referral.
4. In the case of a decision that the Secretary has directed the
Board to refer to the Secretary under Subsection (b)(2), or in the case
of a decision referred to and accepted by the Secretary under
Subsection (b)(1), such decision shall not become the final action of
the Department and shall have no legal force or effect, unless and
until the Secretary adopts the Board's decision as his or her own.
b. Referral of Cases to the Secretary
1. At any point during the first 14 calendar days after the date on
which a decision of the Board was issued, a party to the case may file
a petition with the Board for further review by the Secretary. Such
petition shall not exceed 15 pages in length and must begin with a
statement of the legal issue or issues of which the party is seeking
review and why the case involves a matter of exceptional importance. A
brief in opposition to the petition may be filed within 10 calendar
days after the filing of the petition, and shall not exceed 15 pages in
length. Within 21 calendar days of the date on which the petition for
further review was filed, if a majority of the Board determines that
the petition presents a question of law that is of exceptional
importance and warrants review by the Secretary, the Board shall advise
the Secretary of such determination in writing and explain why the
Board believes review by the Secretary is warranted. The Secretary may,
in his or her sole discretion, decline, accept, or take no action on
the Board's referral as the Secretary deems appropriate.
2. At any point during the first 28 calendar days after the date on
which a decision was issued, the Secretary may, in his or her sole
discretion, direct the Board to refer such decision to the Secretary
for review.
c. Review by the Secretary
1. When the Secretary undertakes the review of a decision of the
Board, the Board shall promptly notify the parties to the case in
writing of such action and supply the Secretary with the administrative
record and the petition and briefs filed by the parties.
2. In any case the Secretary decides, the Secretary's decision
shall be made solely based on the administrative record, the petition
and briefs filed with the Board, and any amicus briefs permitted by the
Secretary. The decision shall be stated in writing and transmitted to
the Board. The Board shall publish the decision and transmit it to the
parties to the case.
3. The Secretary's 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.
d. Reservation of Authority--Nothing in this Section shall be
construed as limiting the Secretary's power to supervise or direct the
actions of the Board.
7. Composition and Panel Configuration.
a. The Board shall consist of a maximum of five Members, one of
whom the Secretary shall designate as Chair, and a second of whom the
Secretary shall designate as Vice-Chair. The Members of the Board shall
be appointed by the Secretary of Labor, and shall be selected upon the
basis of their qualifications and competence in matters within the
authority of the Board.
b. Except as provided in Section 7(c), the Board shall sit, hear
cases, render decisions, and perform all other related functions in
panels of two or three Members, as may be assigned by the Chair, unless
the Chair specifically directs that an appeal or review will be decided
by the full Board.
c. Except as otherwise provided by law or duly promulgated
regulation (see, e.g., 29 CFR parts 7 and 8), if the petitioner(s) and
the respondent(s) (or the appellant(s) and the appellees(s)) consent to
disposition by a single Member, the Chair may determine that the
decision shall be by a single Member. Upon an affirmative
determination, the Chair of the Board shall, in his or her discretion,
designate himself, herself, or any other Member of the Board to decide
such an appeal under Section 9.
d. The Vice-Chair shall preside at meetings in the absence of the
Chair. In the event of the vacancy of the Chair's position, the Vice-
Chair shall assume all of the Chair's authority and shall act as Chair.
e. The Vice-Chair shall be responsible for the operational
management of the Board and its affairs.
8. Terms of the Members.
a. Members of the Board shall be appointed for a term of four years
or less. Term of service may be extended, if deemed necessary by the
Secretary, to promote the efficiency of service, and will be considered
on a case-by-case basis.
b. Appointment of a Member of the Board to a term not to exceed a
specified time period shall not affect the authority of the Secretary
to remove any Member at any time prior to the completion of the term,
consistent with applicable law.
c. Vacancies in the membership of the Board shall not impair the
authority of the remaining Member(s) to exercise all the powers and
duties of the Board.
9. Voting. A petition for review by the Board may be granted upon
the affirmative vote of one Member, or at the direction of the
Secretary, except where otherwise provided by law or regulation. A
decision in any matter, including the issuance of any procedural rules,
shall be by a majority vote, except as provided in Section 7(c).
10. Location of Board Proceedings. The Board shall hold its
proceedings in Washington, DC, unless for good cause the Board orders
that proceedings in a particular matter be held in another location.
11. Rules of Practice and Procedure. The Board shall prescribe such
rules of practice and procedure, as it deems necessary or appropriate,
for the conduct of its proceedings. The rules which are prescribed as
of the date of this Order in 29 CFR part 7 and Part 8 with respect to
Sections 5(a) and 5(b), respectively, of this Order until changed,
govern the respective proceedings of the Board when it is deciding
appeals described in Section 5 of this Order.
12. Departmental Counsel. The Solicitor of Labor shall have the
responsibility for representing the Secretary, the Deputy Secretary,
and other officials of the Department and the Board in any
administrative or judicial proceedings involving agency decisions
issued pursuant to this Order, including representing officials of the
Department before the Board. In addition, the Solicitor of Labor, or
his or her designee, shall have the responsibility for providing legal
advice to the Secretary, the Deputy Secretary, and other officials of
the Department with respect to decisions covered by this Order, as well
as the implementation and administration of this Order, except that no
individual involved in the investigation or prosecution of a case shall
advise the Secretary on the exercise of the powers described in Section
6 of this Order with respect to such case or a case involving a common
nucleus of operative facts. The Solicitor of Labor, or his or her
designee, may also provide legal advice and assistance on the same
terms to the Chair and/or Vice-Chair of the Board, as appropriate.
13. Effective Date. This delegation of authority and assignment of
responsibility is effective immediately.
[[Page 13189]]
Dated: February 21, 2020.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020-04019 Filed 3-5-20; 8:45 am]
BILLING CODE 4510-04-P
