Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 3925 

(31) Reports of alleged unlawful 

discharge or discrimination under 

Section 428 of the Black Lung Benefits 

Act, 30 U.S.C. 938; 

(32) Section 503 of the Rehabilitation 

Act of 1973, as amended, 29 U.S.C. 793; 

41 CFR Part 60–741, Subpart B; 

(33) Section 504 of the Rehabilitation 

Act of 1973, as amended, 29 U.S.C. 794; 

29 CFR Part 32; 

(34) Safe Drinking Water Act, 42 

U.S.C. 300j–9(i); 29 CFR Part 24; 

(35) Single Audit Act of 1984, 31 

U.S.C. 7505; OMB Circular Nos. A–128 

and A–110; 29 CFR Part 96; 

(36) Social Security Act, 42 U.S.C. 

503; 20 CFR Part 601; 

(37) Solid Waste Disposal Act, 42 

U.S.C. 6971; 29 CFR Part 24; 

(38) Surface Transportation 

Assistance Act, 49 U.S.C. 31105; 29 CFR 

Part 1978; 

(39) Toxic Substances Control Act, 15 

U.S.C. 2622; 29 CFR Part 24; 

(40) Vietnam Era Veterans 

Readjustment Assistance Act, as 

amended, 38 U.S.C. 4211, 4212; 41 CFR 

Part 60–250, Subpart B; 

(41) Wagner-Peyser Act, as amended, 

29 U.S.C. 49; 20 CFR Part 658; 

(42) Walsh-Healey Public Contracts 

Act, as amended, 41 U.S.C. 38; 41 CFR 

Part 50–203; 

(43) Welfare to Work Act, 20 CFR 

645.800(c); 

(44) Wendell H. Ford Aviation 

Investment and Reform Act of the 21st 

Century, 49 U.S.C. 42121; 29 CFR Part 

1979; 

(45) Workforce Investment Act, 29 

U.S.C. 2936(b), 20 CFR 667.830; 29 CFR 

Part 37 (see 37.110–112); 

(46) Workforce Investment Act of 

1998, 29 U.S.C. 2936; 20 CFR Part 627; 

20 CFR Part 636; 29 CFR Part 37; 

(47) Sarbanes-Oxley Act of 2002, 18 

U.S.C. 1514A; and 

(48) 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. 

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), 5(b), and 5(c) 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. 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 6(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 8. 

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. 

7. Terms of the Members. 

a. Members of the Board shall be 

appointed for a term of two years or 

less. 

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, in his or her 

sole discretion, any Member at any time. 

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. 

8. Voting. A petition for review may 

be granted upon the affirmative vote of 

one Member, 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 6(c). 

9. 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. 

10. 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 (1) 

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 and (2) which 

apply as of the date of this Order to 

appeals and review described in Section 

5(c) of this Order shall, until changed, 

govern the respective proceedings of the 

Board when it is deciding appeals 

described in Section 5 of this Order. 

11. 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 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. The Solicitor of Labor may 

also provide legal advice and assistance 

to the Chair and/or Vice-Chair of the 

Board, as appropriate. 

12. Effective Date. This delegation of 

authority and assignment of 

responsibility is effective immediately. 

Dated: January 15, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–1259 Filed 1–22–10; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Proposed Information Collection 

Request for Administrative 

Procedures—20 CFR 601 Including 

Form MA 8–7; Comment Request on 

Extension Without Change 

AGENCY: Employment and Training 

Administration, Labor. 


jlentini on DSKJ8SOYB1PROD with NOTICES
3926 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collection of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the addresses section of this notice or by 

accessing: http://www.doleta.gov/ 

OMBCN/OMBControlNumber.cfm. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee section below on or before 

March 26, 2010. 

ADDRESSES: Send comments to Robert 

Johnston, U.S. Department of Labor, 

Employment and Training 

Administration, Office of 

Unemployment Insurance, 200 

Constitution Avenue, NW., Frances 

Perkins Bldg., Room S–4531, 

Washington, DC 20210, telephone 

number (202) 693–3005 (this is not a 

toll-free number) or by e-mail: 

johnston.robert@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Department of Labor, Employment 

and Training Administration 

regulations, 20 CFR 601, Administrative 

Procedures, contains collection of 

information requirements at Sections 

601.2 and 601.3. Section 601.2 requires 

states to submit copies of their 

unemployment compensation laws for 

approval by the Secretary of Labor so 

that the Secretary may determine the 

status of state laws and plans of 

operation. Section 601.3 requires states 

to ‘‘submit all relevant state materials 

such as statutes, executive and 

administrative orders, legal opinions, 

rules, regulations, interpretations, court 

decisions, etc.’’ These materials are used 

by the Secretary to determine whether 

the state law contains provisions 

required by Section 3304(a) of the 

Internal Revenue Code of 1986. Grants 

of funds are made to states for the 

administration of their employment 

security laws if their unemployment 

compensation laws and their plans of 

operation for public employment offices 

meet required conditions of Federal 

laws. The information transmitted by 

Form MA 8–7 is used by the Secretary 

to make findings (as specified in the 

above cited Federal laws) required for 

certification to the Secretary of the 

Treasury for payment to states or for 

certification of the state law for 

purposes of additional tax credit. If this 

information is not available, the 

Secretary cannot make such 

certifications. To facilitate transmittal of 

required material, the Department 

prescribes the use of Form MA 8–7, 

Transmittal for Unemployment 

Insurance Materials. This simple check 

off form is used by the states to identify 

material being transmitted to the 

National Office and allows the material 

to be routed to appropriate staff for 

prompt action. 

II. Desired Focus of Comments 

Currently, the Employment and 

Training Administration is soliciting 

comments concerning the proposed 

extension collection of the MA 8–7, 

Transmittal for Unemployment 

Insurance Materials. The Department of 

Labor is particularly interested in 

comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

The continued collection of the 

information described above is 

necessary to enable the Employment 

and Training Administration to 

complete the required certifications. 

Type of Review: Extension without 

change. 

Agency: Employment and Training 

Administration (ETA). 

Title: Transmittal for Unemployment 

Insurance Materials. 

OMB Number: 1205–0222. 

Agency Number: MA 8–7. 

Affected Public: State and Local 

Governments. 

Total Respondents: 53. 

Frequency: As needed. 

Total Responses: 636. 

Average Time per Response: 1 

Minute. 

Estimated Total Burden Hours: 10 

Hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintaining): $0. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: January 19, 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2010–1247 Filed 1–22–10; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Submission for OMB Emergency 

Review: Comment Request 

January 20, 2010. 

The Department of Labor has 

submitted the following (see below) 

information collection request (ICR), 

utilizing emergency review procedures, 

to the Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA95) (Pub. L. 

104–13, 44 U.S.C. Chapter 35) and 5 

CFR 1320.13. OMB approval has been 

requested by March 31, 2010. A copy of 

this ICR, with applicable supporting 

documentation; including among other 

things a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site at http://www.reginfo.gov/ 

public/do/PRAMain or by contacting 

Darrin King on 202–693–4129 (this is 

not a toll-free number)/e-mail: 

DOL_PRA_PUBLIC@dol.gov. Interested 

parties are encouraged to send 

comments to the Office of Information 

and Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor— 

ETA, Office of Management and Budget, 

Room 10235, Washington, DC 20503, 

Telephone: 202–395–7316/Fax: 202– 

395–6974 (these are not toll-free 


jlentini on DSKJ8SOYB1PROD with NOTICES