Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44307 

1 Judicial status is acceptable in lieu of ‘‘active’’ 

status in States that prohibit sitting judges from 

maintaining ‘‘active’’ status to practice law. Being 

in ‘‘good standing’’ is acceptable in lieu of ‘‘active’’ 

status in jurisdictions where the licensing authority 

considers ‘‘good standing’’ as having a current 

license to practice law. 

the office listed in the FOR FURTHER

INFORMATION CONTACT section above. 

III. Current Actions 

This revision request will allow ETA 

to meet its statutory responsibilities 

under the 2018 Act related to the H–2B 

nonimmigrant temporary nonagricultural employment-based visa 

program. 

This information collection is subject 

to the PRA. A federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB control 

number. In addition, notwithstanding 

any other provisions of law, no person 

shall generally be subject to penalty for 

failing to comply with a collection of 

information that does not display a 

valid control number. See 5 CFR 

1320.5(a) and 1320.6. The Department 

obtains OMB approval for this 

information collection under control 

number 1205–0531. 

Title of the Collection: Attestation for 

Employers Seeking to Employ H–2B 

Nonimmigrant Workers Under Section 

205 of Division M of the Consolidated 

Appropriations Act, 2018 Public Law 

115–141 (March 23, 2018). 

Type of Review: Revision of a 

Currently Approved Information 

Collection. 

Form: Form ETA–9142–B–CAA–2. 

OMB Number: 1205–0531. 

Affected Public: Private Sector 

(businesses or other for-profits and notfor-profit institutions) and State, Local, 

and Tribal Governments. 

Total Estimated Annual Respondents: 

5,177. 

Annual Frequency: On occasion. 

Total Estimated Annual Responses: 

5,177. 

Total Estimated Average Time per 

Response: 1 hours. 

Total Estimated Annual Burden 

Hours: 5,177 hours. 

Total Estimated Annual Cost for 

Respondents: $0. 

Comments submitted in response to 

this comment request will be 

summarized and/or included in the 

request for OMB approval of the ICR; 

they will also become a matter of public 

record. Commenters are encouraged not 

to submit sensitive information (e.g., 

confidential business information or 

personally identifiable information such 

as a social security number). 

Rosemary Lahasky, 

Deputy Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2018–18817 Filed 8–29–18; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Procedures for Appointment of 

Administrative Law Judges for the 

Department of Labor 

Subject: Secretary’s Order 07–2018. 

1. Purpose. To provide for transparent 

and consistent processes by which the 

Secretary of Labor shall select and 

appoint individuals to be 

Administrative Law Judges (ALJs) 

within the Department of Labor (DOL or 

Department). 

2. Authorities and Directives Affected. 

A. Authorities. This Order is issued 

pursuant to the following authorities: 

i. U.S.C. art. II, § 2, cl. 2; 

ii. 5 U.S.C. 3105; 

iii. 5 CFR 6.2–6.4, 6.8; 

iv. Executive Order Excepting 

Administrative Law Judges from the 

Competitive Service (July 10, 2018). 

B. Directives Affected. This Order 

does not affect the authorities and 

responsibilities assigned by any other 

Secretary’s Order or DLMS 10–100–205. 

3. Background. The Secretary has the 

authority and responsibility to appoint 

the Department’s ALJs. These 

appointments should be made through a 

transparent and consistent process. 

Accordingly, this Order establishes 

procedures by which these 

appointments shall be made. 

4. Responsibilities. 

A. The Assistant Secretary for 

Administration and Management, in 

consultation with the Deputy Secretary, 

is assigned responsibility for issuing 

written guidance, as necessary, to 

implement this Order. 

B. The Solicitor of Labor is 

responsible for providing legal advice to 

DOL on all matters arising in the 

implementation and administration of 

this Order. 

5. Procedure. The following 

procedures shall apply to the selection 

and appointment of ALJs after the date 

of this Order: 

A. A notice of vacancy and 

solicitation of applications shall be 

posted in the Federal Register and/or on 

the ALJ website or other appropriate 

location for public notice. The vacancy 

shall be held open for a minimum of 

thirty days, during which applications 

shall be accepted, and can be 

continuous, if desired. The notice shall 

specify: The minimum criteria for 

appointment; the documentation an 

applicant must submit for 

consideration; the deadline, if any, by 

which such documentation must be 

submitted; and the email address and/ 

or physical address where 

documentation may be submitted. 

B. Applications will be directed to the 

Office of Executive Resources (OER) 

within the Office of the Assistant 

Secretary for Administration and 

Management (OASAM) to be screened 

for whether an applicant has submitted 

all required documentation and meets 

the minimal qualifications for the 

position. 

C. OER will deliver qualified 

applications to an interview panel 

consisting of the Department’s Chief 

Administrative Law Judge, Chief Human 

Capital Officer, the Assistant Secretary 

for Policy, and a Member of the 

Employees’ Compensation Appeals 

Board (ECAB). If any of the positions 

required for the review panel are vacant, 

the Secretary will select an alternative 

from the members of the Department’s 

Senior Executive Service (SES). The 

Department’s Director for the Office of 

Executive Resources, or designee, shall 

be present for each meeting of the panel. 

D. The interview panel or their 

designees will review and rank the 

qualified applications taking into 

account needs of the agency. The panel 

will then interview the top-ranked 

candidates for the open position(s) and 

forward their recommended candidates 

to the Deputy Secretary. 

E. The Deputy Secretary in 

consultation with a career ethics 

attorney from the Office of the Solicitor 

will provide the Secretary with the 

recommended candidate(s) for 

appointment as well as resumes of the 

other top-ranked candidates interviewed 

but not recommended. 

F. The Secretary shall make the final 

decision and appointment, or may 

instead order another candidate search 

be completed. 

6. Qualifications. The notice of 

vacancy and solicitation for application 

shall require the following minimum 

qualifications but may also contain 

others: A J.D. from an accredited law 

school; licensure and authorization to 

practice law under the laws of a state, 

the District of Columbia, the 

Commonwealth of Puerto Rico, or any 

territorial court established under the 

U.S. Constitution; an ‘‘active’’ 1 bar 

status and/or membership in ‘‘good 

standing’’ for at least ten years total in 

at least one jurisdiction in which the 

applicant is admitted; seven years of 

relevant litigation or administrative law 

experience; and knowledge of statutes 

enforced by the Department of Labor, 


amozie on DSK3GDR082PROD with NOTICES1
44308 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 

such as the Black Lung Benefits Act, 

Service Contract Act, Longshore and 

Harbor Workers’ Compensation Act, 

Fair Labor Standards Act, whistleblower 

protections enforced by the 

Occupational Safety and Health 

Administration, or knowledge of other 

similar laws. 

A. Relevant litigation experience can 

include: Preparing for, participating in, 

and/or conducting formal hearings, 

trials, or appeals at the federal, state, or 

local level; participating in settlement or 

plea negotiations in advance of such 

proceedings; hearing cases; preparing 

opinions; participating in or conducting 

arbitration, mediation, or other 

alternative dispute resolution. 

B. Relevant administrative law 

experience is litigation experience in 

cases initiated before a governmental 

administrative body. 

7. Appointments. Sitting ALJs and 

ALJ candidates selected under this 

Order are appointed Federal officers. 

Appointment under this Order shall not 

affect any other authority of the 

Secretary. 

8. Privacy. This Order is subject to the 

applicable laws, regulations, and 

procedures concerning the privacy of 

applicants to federal government 

employment. 

9. Exceptions. The requirements of 

this Order are intended to be general in 

nature, and accordingly shall be 

construed and implemented consistent 

with more specific requirements of any 

statute, Executive Order, or other legal 

authority governing the Department’s 

Office of Administrative Law Judges. In 

the event of a conflict, the specific 

statute, Executive Order, or other legal 

authority shall govern. 

10. Redelegation of Authority. Except 

as otherwise provided by law, all of the 

authorities delegated in this Order may 

be redelegated in order to serve the 

purposes of this Order. 

11. Effective Date. This Order is 

effective immediately. This Order does 

not apply to ongoing ALJ hiring for 

which an interim procedure has been 

approved. 

Dated: August 16, 2018. 

R. Alexander Acosta, 

Secretary of Labor. 

[FR Doc. 2018–18924 Filed 8–29–18; 8:45 am] 

BILLING CODE 4510–04–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 52–025 and 52–026; NRC– 

2008–0252] 

Southern Nuclear Operating Company, 

Inc., Vogtle Electric Generating Plant, 

Units 3 and 4; ITAAC for Pneumatic 

Testing of VES Air Lines 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption and combined 

license amendment; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is granting an 

exemption to allow a departure from the 

certification information of Tier 1 of the 

generic design control document (DCD) 

and has issued License Amendment 

Nos. 130 and 129 to Combined Licenses 

(COLs), NPF–91 and NPF–92. The COLs 

were issued to Southern Nuclear 

Operating Company, Inc., and Georgia 

Power Company, Oglethorpe Power 

Corporation, MEAG Power SPVM, LLC, 

MEAG Power SPVJ, LLC, MEAG Power 

SPVP, LLC, and the City of Dalton, 

Georgia (the licensee); for construction 

and operation of the Vogtle Electric 

Generating Plant (VEGP) Units 3 and 4, 

located in Burke County, Georgia. 

The granting of the exemption allows 

the changes to Tier 1 information asked 

for in the amendment. Because the 

acceptability of the exemption was 

determined in part by the acceptability 

of the amendment, the exemption and 

amendment are being issued 

concurrently. 

DATES: The exemption and amendment 

were issued on July 10, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2008–0252 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2008–0252. Address 

questions about NRC dockets to Jennifer 

Borges telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. The request for the 

amendment and exemption was 

submitted by letter dated December 20, 

2017 and available in ADAMS under 

Accession No. ML17354A964 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Chandu Patel, Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3025; email: Chandu.Patel@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is granting an exemption 

from paragraph B of section III, ‘‘Scope 

and Contents,’’ of appendix D, ‘‘Design 

Certification Rule for the AP1000,’’ to 

part 52 of title 10 of the Code of Federal 

Regulations (10 CFR), and issuing 

License Amendment Nos. 130 and 129 

to COLs, NPF–91 and NPF–92, to the 

licensee. The exemption is required by 

paragraph A.4 of section VIII, 

‘‘Processes for Changes and 

Departures,’’ appendix D, to 10 CFR part 

52 to allow the licensee to depart from 

Tier 1 information. With the requested 

amendment, the licensee sought 

proposed changes that would revise the 

Updated Final Safety Analysis Report in 

the form of changes from the 

incorporated plant-specific Design 

Control Document (DCD) Tier 2 

information. The proposed amendment 

also involves related changes to plantspecific Tier 1 information, with 

corresponding changes to the associated 

COL Appendix C information. 

Specifically, the licensee requested to 

allow a pneumatic test to be used in lieu 

a hydrostatic test for the Main Control 

Room Emergency Habitability System 

consistent with American Society of 

Mechanical Engineers Boiler and 

Pressure Vessel Code, Section III. Part of 

the justification for granting the 

exemption was provided by the review 

of the amendment. Because the 

exemption is necessary in order to issue 

the requested license amendment, the 

NRC granted the exemption and issued 

the amendment concurrently, rather 

than in sequence. This included issuing 

a combined safety evaluation containing 

the NRC staff’s review of both the 


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