3924 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 

Working Surfaces standard (29 CFR part 

1910, subpart D) is designed to protect 

workers by making them aware of load 

limits of the floors of buildings, 

defective portable metal ladders, and 

the specifications of outrigger scaffolds 

used. For additional information, see 

the related 60-day preclearance notice 

published in the Federal Register at 

Vol. 74 FR 55858 on October 29, 2009. 

PRA documentation prepared in 

association with the preclearance notice 

is available on http:// 

www.regulations.gov under docket 

number OSHA–2009–0033. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. 2010–1268 Filed 1–22–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Delegation of Authority and 

Assignment of Responsibility to the 

Administrative Review Board 

January 15, 2010. 

Secretary’s Order 1–2010 

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. This Order creates and 

designates a Vice-Chair to maintain and 

operate the Board during a Chair’s 

absence or vacancy. Additionally, this 

Order delegates the responsibility for 

the operational management of the 

Board and its affairs to the newly 

created Vice-Chair. 

4. Directives Affected. Secretary’s 

Orders 01–2002 and 02–96 are hereby 

canceled. 

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, 

including, but not limited to, the 

issuance of final agency decisions. The 

Board shall report to the Secretary of 

Labor through the Deputy Secretary of 

Labor. 

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, as amended 

(40 U.S.C. 276a 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. 327 et seq.) (except matters 

pertaining to safety); the Copeland Act 

(40 U.S.C. 276c); Reorganization Plan 

No. 14 of 1950; and 29 CFR Parts 1, 3, 

5, 6, Subpart C and D. 

b. Final decisions of the 

Administrator of the Wage and Hour 

Division or an authorized representative 

of the Administrator, and from 

decisions of ALJ, arising under the 

McNamara-O’Hara Service Contract Act, 

as amended (41 U.S.C. 351); the 

Contract Work Hours and Safety 

Standards Act (40 U.S.C. 327 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. 

c. 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) Clean Air Act, 42 U.S.C. 7622; 29 

CFR Part 24; 

(4) Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, 42 U.S.C. 9610; 29 CFR Part 

24; 

(5) Consumer Product Safety 

Improvement Act of 2008, 15 U.S.C. 

2087; 

(6) Title IX of the Education 

Amendments of 1972, 20 U.S.C. 1682; 

29 CFR Part 36; 

(7) Employee Polygraph Protection 

Act of 1988, 29 U.S.C. 2005(a); 29 CFR 

Part 801, Subpart E; 

(8) Energy Reorganization Act of 1974, 

as amended, 42 U.S.C. 5851; 29 CFR 

Part 24; 

(9) Equal Access to Justice Act, 5 

U.S.C. 504; 29 CFR Part 16; 

(10) Executive Order No. 11246, as 

amended, 3 CFR 339 (1964–1965 

Comp.); reprinted in 42 U.S.C. 2000e 

app.; 41 CFR Parts 60–1 and 60–30; 

(11) Fair Labor Standards Act of 1938, 

as amended, 29 U.S.C. 203(m); 29 CFR 

Part 531, sections 531.4, 531.5; 

(12) Fair Labor Standards Act of 1938, 

as amended, 29 U.S.C. 211(d); 29 CFR 

Part 530, Subpart E; 

(13) Fair Labor Standards Act of 1938, 

as amended, 29 U.S.C. 214(c) 29 CFR 

Part 525, sections 525.22; 

(14) Fair Labor Standards Act of 1938, 

as amended, 29 U.S.C. 216(e); 29 CFR 

Part 580; 

(15) Federal Railroad Safety Act, 49 

U.S.C. 20109; 

(16) Federal Unemployment Tax Act, 

26 U.S.C. 3303(b)(3), 3304(c); 

(17) 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; 

(18) Federal Water Pollution Control 

Act, 33 U.S.C. 1367; 29 CFR Part 24; 

(19) Immigration and Nationality Act, 

as amended, 8 U.S.C. 1188(g)(2); 29 CFR 

Part 501, Subpart C; 

(20) Immigration and Nationality Act, 

as amended, 8 U.S.C. 1182(n); 20 CFR 

Part 655, Subpart I; 

(21) Immigration and Nationality Act 

as amended, 8 U.S.C. 1182(m) (1989); 20 

CFR Part 655, Subpart E; 

(22) Immigration and Nationality Act 

as amended, 8 U.S.C. 1182(m); 20 CFR 

Part 655, Subpart M; 

(23) Immigration and Nationality Act 

as amended, 8 U.S.C. 1184(c)(14), 20 

CFR Part 655, Subpart A; 

(24) Immigration and Nationality Act, 

as amended, 8 U.S.C. 1288(c) and (d); 20 

CFR Part 655, Subpart G; 

(25) Longshore and Harbor Workers’ 

Compensation Act, 33 U.S.C. 907(j)(2); 

20 CFR Part 702; 

(26) Migrant and Seasonal 

Agricultural Worker Protection Act, 29 

U.S.C. 1813, 1853; 29 CFR Part 500, 

Subpart F; 

(27) National Apprenticeship Act, 29 

U.S.C. 50; 29 CFR Parts 29 and 30; 

(28) National Transit Systems 

Security Act of 2007, 6 U.S.C. 1142; 

(29) Older Americans Senior 

Community Service Employment 

Program, 42 U.S.C. 3056, 20 CFR 

641.415(c)(5); 

(30) Program Fraud Civil Remedies 

Act of 1986, 31 U.S.C. 3803; 29 CFR Part 

22; 


jlentini on DSKJ8SOYB1PROD with NOTICES
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