55352 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

the Southern District of Texas. The 

Settlement Agreement resolves the Late 

Supplemental Proof of Claim by the 

United States on behalf of the United 

States Department of Agriculture, Forest 

Service, in the Asarco bankruptcy. The 

Late Supplemental Proof of Claim 

relates to Asarco’s liability under 

CERCLA at the Kelly Camp Mine Site 

located within the Colville National 

Forest in Ferry County, Washington. 

The Settlement Agreement requires 

Reorganized Asarco to pay $100,000 to 

settle this matter. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Settlement Agreement. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to In re 

Asarco, LLC, No. 05–21207 (Bankr. S.D. 

Tex.), Department of Justice Case 

Number 90–11–3–08633. 

During the public comment period, 

the Settlement Agreement may be 

examined at the Office of the United 

States Attorney, Southern District of 

Texas, 800 North Shoreline Blvd., #500, 

Corpus Christi, TX 78476–2001. The 

Settlement Agreement may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html . A copy of the 

Settlement Agreement may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611 or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$2.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. 

Maureen Katz, 

Assistant Section Chief. 

[FR Doc. 2010–22604 Filed 9–9–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

Public Announcement Pursuant to the 

Government in the Sunshine Act (Pub. 

L. 94–409) [5 U.S.C. Section 552b] 

AGENCY HOLDING MEETING: Department of 

Justice, United States Parole 

Commission. 

DATE AND TIME: 11:30 a.m., Thursday, 

September 9, 2010. 

PLACE: U.S. Parole Commission, 5550 

Friendship Boulevard, 4th Floor, Chevy 

Chase, Maryland 20815. 

STATUS: Closed. 

MATTERS CONSIDERED: The following 

matter will be considered during the 

closed meeting: 

Consideration of four original 

jurisdiction cases pursuant to 28 CFR 

2.27 Final recommendation on 

probationary period for hearing 

examiner. 

AGENCY CONTACT: Patricia W. Moore, 

Staff Assistant to the Chairman, United 

States Parole Commission, (301) 492– 

5933. 

DATES: September 3, 2010. 

Rockne Chickinell, 

General Counsel, U.S. Parole Commission. 

[FR Doc. 2010–22689 Filed 9–8–10; 11:15 am] 

BILLING CODE 4410–31–M 

DEPARTMENT OF JUSTICE 

Parole Commission 

Public Announcement Pursuant to the 

Government in the Sunshine Act (Pub. 

L. 94–409) [5 U.S.C. Section 552b] 

AGENCY HOLDING MEETING: Department of 

Justice, United States Parole 

Commission. 

TIME AND DATE: 10 a.m., September 9, 

2010. 

PLACE: 5550 Friendship Blvd., Fourth 

Floor, Chevy Chase, MD 20815. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

following matters have been placed on 

the agenda for the open Parole 

Commission meeting: 

1. Approval of Minutes May 6, 2010 

Quarterly Business Meeting. 

2. Reports from the Chairman, 

Commissioners and Section 

Administrators. 

3. Consideration of proposed rule 

regarding rating of crack cocaine 

offenses. 

4. Conditions for sex offenders. 

AGENCY CONTACT: Patricia W. Moore, 

Staff Assistant to the Chairman, United 

States Parole Commission, (301) 492– 

5933. 

Dated: September 3, 2010. 

Rockne J. Chickinell, 

General Counsel, U.S. Parole Commission. 

[FR Doc. 2010–22690 Filed 9–8–10; 11:15 am] 

BILLING CODE 4410–31–M 

DEPARTMENT OF LABOR 

Office of the Secretary 

Delegation of Authorities and 

Assignment of Responsibilities 

Secretary’s Order 5–2010 

Subject: Delegation of Authorities and 

Assignment of Responsibilities to the 

Administrator, Wage and Hour Division. 

1. Purpose. To delegate authorities 

and assign responsibilities to the 

Administrator, Wage and Hour Division 

(WHD). 

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 of 1950 (5 

U.S.C. App. 1 Reorg. Plan 6 1950); and 

the authorities cited in Section 5 of this 

Order. 

3. Directives Affected. Secretary’s 

Order 9–2009 (Administrator, Wage and 

Hour Division) is hereby canceled. All 

other Secretary’s Orders and DOL 

directives (including policies and 

guidance) which reference Secretary’s 

Orders 9–2009, are amended to refer to 

this Order. 

4. Background. The Secretary of Labor 

(‘‘Secretary’’) has the authority to issue U 

Nonimmigrant Status Certifications 

under Section 1513(b) of the Victims of 

Trafficking and Violence Protection Act 

of 2000, as amended, 8 U.S.C. 

1101(a)(15)(U) and related Department 

of Homeland Security regulations (see 8 

CFR 214.14). This Order cancels 

Secretary’s Order 9–2009 and delegates 

the Secretary’s authority to issue U 

Nonimmigrant Status Certifications to 

the Administrator, WHD. In addition, 

this Order addresses certain provisions 

enacted recently as amendments to the 

Fair Labor Standards Act in sections 

1511 and 1512 of the Patient Protection 

and Affordable Care Act of 2010, Public 

Law (Pub. L.) 111–148. These particular 

FLSA authorities of the Secretary of 

Labor are delegated to the Assistant 

Secretary for Employee Benefits 

Security rather than the Administrator, 

WHD (see also Secretary’s Order 3– 

2010). 

5. Delegations of Authority and 

Assignment of Responsibility 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55353 

A. The Administrator, Wage and Hour 

Division is hereby delegated authority 

and assigned responsibility, except as 

hereinafter provided, for carrying out 

the employment standards and labor 

standards policies, programs, and 

activities of the Department of Labor, 

including those functions to be 

performed by the Secretary of Labor 

under the designated provisions of the 

following statutes: 

(1) Except as hereinafter provided, the 

Fair Labor Standards Act of 1938, as 

amended, 29 U.S.C. 201 et seq. (FLSA), 

including the issuance thereunder of 

child labor hazardous occupation orders 

and other regulations concerning child 

labor standards, and subpoena authority 

under 29 U.S.C. 209. Authority and 

responsibility for sections 18A and 18B 

of FLSA (29 U.S.C. 218A and 218B) and 

the associated FLSA authorities in 

sections 9 and 11 (20 U.S.C. 209 and 

211) to issue subpoenas and conduct 

investigations under sections 18A and 

18B are delegated and assigned to the 

Assistant Secretary for Employee 

Benefits Security. Authority and 

responsibility for section 18C of the 

FLSA (29 U.S.C. 218C) and the 

associated FLSA authorities in sections 

9 and 11 (20 U.S.C. 209 and 211) to 

issue subpoenas and conduct 

investigations under section 18C are 

delegated and assigned to the Assistant 

Secretary for Occupational Safety and 

Health. Authority and responsibility for 

the Equal Pay Act, Section 6(d) of the 

FLSA, were transferred to the Equal 

Employment Opportunity Commission 

July 1, 1979, pursuant to the President’s 

Reorganization Plan No. 1 of February 

1978, set out in the Appendix to Title 

5, Government Organization and 

Employees. 

(2) The Walsh-Healey Public 

Contracts Act of 1936, as amended, 41 

U.S.C. 35 et seq., except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health or the 

Assistant Secretary for Mine Safety and 

Health. The authority of the 

Administrator, WHD includes subpoena 

authority under 41 U.S.C. 39. 

(3) The McNamara-O’Hara Service 

Contract Act of 1965, as amended, 41 

U.S.C. 351 et seq., except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health. The 

authority of the Administrator, WHD 

includes subpoena authority under 41 

U.S.C. 353(a). 

(4) The Davis-Bacon Act, as amended, 

40 U.S.C. 3141 et seq., and any laws 

now existing or subsequently enacted, 

providing for prevailing wage findings 

by the Secretary in accordance with or 

pursuant to the Davis-Bacon Act; the 

Copeland Act, 40 U.S.C. 3145; 

Reorganization Plan No. 14 of 1950; and 

the Tennessee Valley Authority Act, 16 

U.S.C. 831. 

(5) The Contract Work Hours and 

Safety Standards Act, as amended, 40 

U.S.C. 3701 et seq., except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health. 

(6) Title III of the Consumer Credit 

Protection Act, 15 U.S.C. 1671 et seq. 

(7) The labor standards provisions 

contained in Sections 5(i), (m), (n) and 

7(g) of the National Foundation for the 

Arts and the Humanities Act, 20 U.S.C. 

954(i), (m), (n) and 956(g), except those 

provisions relating to safety and health 

delegated to the Assistant Secretary for 

Occupational Safety and Health. 

(8) The Migrant and Seasonal 

Agricultural Worker Protection Act of 

1983, as amended, 29 U.S.C. 1801 et 

seq., including subpoena authority 

under 29 U.S.C. 1862(b). 

(9) The Employee Polygraph 

Protection Act of 1988, 29 U.S.C. 2001 

et seq., including subpoena authority 

under 29 U.S.C. 2004(b). 

(10) The following provisions of the 

Immigration and Nationality Act of 

1952, as amended, 8 U.S.C. 1101 et seq. 

(INA): Section 258, 8 U.S.C. 

1288(c)(4)(B)–(F), relating to the 

enforcement of the attestations required 

by employers pertaining to the 

employment of nonimmigrant longshore 

workers (D visas); Section 212(n)(2), 

(t)(3), 8 U.S.C. 1182(n)(2), (t)(3); relating 

to the enforcement of labor condition 

applications for employment of 

nonimmigrant professionals (H–1B, H– 

1B1, and E–3 visas); Section 

212(m)(2)(E)(ii) through (v), 8 U.S.C. 

1182(m)(2)(E)(ii) through (v), relating to 

the complaint, investigation, and 

penalty provisions of the attestation 

process for users of nonimmigrant 

registered nurses (H–1C Visas); Section 

218(g)(2), 8 U.S.C. 1188(g)(2), relating to 

assuring employer compliance with 

terms and conditions of employment 

under the temporary alien agricultural 

labor certification program (H–2A 

visas); Section 214(c)(14), 8 U.S.C. 

1184(c)(14), relating to assuring 

employer compliance with the terms 

and conditions of employment under 

the temporary alien labor certification 

program in occupations other than 

agriculture or registered nursing (H–2B 

visas); and Section 274A(b)(3), 8 U.S.C. 

1324A(b)(3), relating to employment 

eligibility verification and related 

recordkeeping. 

(11) The Family and Medical Leave 

Act of 1993, as amended, 29 U.S.C. 2601 

et seq. (FMLA), including subpoena 

authority under 29 U.S.C. 2616. 

(12) The Occupational Safety and 

Health Act of 1970, as amended, 29 

U.S.C. 651 et seq. (OSH Act), to conduct 

inspections and investigations, issue 

administrative subpoenas, issue 

citations, assess and collect penalties, 

and enforce any other remedies 

available under the statute, and to 

develop and issue compliance 

interpretations under the statute, with 

regard to the standards on: 

(a) field sanitation, 29 CFR 1928.110; 

and 

(b) temporary labor camps, 29 CFR 

1910.142, with respect to any 

agricultural establishment where 

employees are engaged in ‘‘agricultural 

employment’’ within the meaning of the 

Migrant and Seasonal Agricultural 

Worker Protection Act, 29 U.S.C. 

1802(3), regardless of the number of 

employees, including employees 

engaged in hand packing of produce 

into containers, whether done on the 

ground, on a moving machine, or in a 

temporary packing shed, except that the 

Assistant Secretary for Occupational 

Safety and Health retains enforcement 

responsibility over temporary labor 

camps for employees engaged in egg, 

poultry, or red meat production, or the 

post-harvest processing of agricultural 

or horticultural commodities. 

The authority of the Administrator, 

WHD under the Occupational Safety 

and Health Act with regard to the 

standards on field sanitation and 

temporary labor camps does not include 

any other agency authorities or 

responsibilities, such as rulemaking 

authority. Such authorities under the 

statute are retained by the Assistant 

Secretary for Occupational Safety and 

Health. 

Moreover, nothing in this Order shall 

be construed as derogating from the 

right of States operating OSHAapproved State plans under 29 U.S.C. 

667 to continue to enforce field 

sanitation and temporary labor camp 

standards if they so choose. The 

Assistant Secretary for Occupational 

Safety and Health retains the authority 

to monitor the activity of such States 

with respect to field sanitation and 

temporary labor camps. 

(13) Executive Order 13,495 

(‘‘Nondisplacement of Qualified 

Workers Under Service Contracts’’) of 

January 30, 2009. 

(14) Such additional Federal laws that 

from time to time may assign to the 

Secretary or the Department duties and 

responsibilities similar to those listed 

under subparagraphs (1)–(13) of this 

paragraph, as directed by the Secretary. 


srobinson on DSKHWCL6B1PROD with NOTICES
55354 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

B. The Administrator, Wage and Hour 

Division is hereby delegated authority 

and assigned responsibility to issue 

administrative subpoenas under Section 

9 of the Fair Labor Standards Act of 

1938, as amended, 29 U.S.C. 209; 

Section 5 of the Walsh-Healey Public 

Contracts Act, as amended, 41 U.S.C. 

39; Section 4(a) of the McNamaraO’Hara Service Contract Act, as 

amended, 41 U.S.C. 353(a); Section 

512(b) of the Migrant and Seasonal 

Agricultural Worker Protection Act of 

1983, as amended, 29 U.S.C. 1862(b); 

Section 5(b) of the Employee Polygraph 

Protection Act of 1988, 29 U.S.C. 

2004(b); Section 106 of the Family and 

Medical Leave Act of 1993, as amended, 

29 U.S.C. 2616; and Section 8(b) of the 

Occupational Safety and Health Act of 

1970, as amended, 29 U.S.C. 657(b), 

with respect to the authority delegated 

by this Order. 

C. The Wage and Hour Regional 

Administrators are hereby redelegated 

authority and assigned responsibility to 

issue administrative subpoenas under 

Section 9 of the Fair Labor Standards 

Act of 1938, as amended, 29 U.S.C. 209; 

Section 5 of the Walsh-Healey Public 

Contracts Act, as amended, 41 U.S.C. 

39; Section 4(a) of the McNamaraO’Hara Service Contract Act, as 

amended, 41 U.S.C. 353(a); Section 

512(b) of the Migrant and Seasonal 

Agricultural Worker Protection Act of 

1983, as amended, 29 U.S.C. 1862(b); 

Section 5(b) of the Employee Polygraph 

Protection Act of 1988, 29 U.S.C. 

2004(b); Section 106 of the Family and 

Medical Leave Act of 1993, as amended, 

29 U.S.C. 2616; and Section 8(b) of the 

Occupational Safety and Health Act of 

1970, as amended, 29 U.S.C. 657(b), 

with respect to the authority delegated 

by this Order. 

D. The Administrator, Wage and Hour 

Division is hereby delegated authority 

and assigned responsibility to issue U 

Nonimmigrant Status Certifications 

under Section 1513(b) of the Victims of 

Trafficking and Violence Protection Act 

of 2000, as amended, 8 U.S.C. 

1101(a)(15)(U) and related Department 

of Homeland Security regulations (see 8 

CFR 214.14). 

E. The Administrator, Wage and Hour 

Division and the Assistant Secretary for 

Occupational Safety and Health are 

directed to confer regularly on 

enforcement of the Occupational Safety 

and Health Act with regard to the 

standards on field sanitation and 

temporary labor camps (see section 7.A. 

(12) of this Order), and to enter into any 

memoranda of understanding which 

may be appropriate to clarify questions 

of coverage which arise in the course of 

such enforcement. 

F. The Solicitor of Labor is delegated 

authority and assigned responsibility for 

providing legal advice and assistance to 

all officers of the Department relating to 

the administration of the statutory 

provisions, regulations, and Executive 

Orders listed above. The bringing of 

legal proceedings under those 

authorities, the representation of the 

Secretary and/or other officials of the 

Department of Labor, and the 

determination of whether such 

proceedings or representations are 

appropriate in a given case, are 

delegated exclusively to the Solicitor. 

6. 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 listed 

above is reserved to the Secretary. 

B. Nothing in this Order shall limit or 

modify the delegation of authority and 

assignment of responsibility to the 

Administrative Review Board by 

Secretary’s Order 01–2002 (September 

24, 2002). 

C. Except as expressly provided, 

nothing in this Order shall limit or 

modify the provisions of any other 

Order, including Secretary’s Order 4– 

2006 (Office of Inspector General). 

7. Redelegation of Authority. Except 

as otherwise provided by law, all of the 

authorities delegated in this Order may 

be redelegated. 

8. Effective Date. This Order is 

effective immediately. 

Dated: September 2, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–22654 Filed 9–9–10; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Delegation of Authority and 

Assignment of Responsibilities 

Secretary’s Order 3–2010 

Subject: Delegation of Authority and 

Assignment of Responsibilities to the 

Employee Benefits Security 

Administration. 

1. Purpose. To delegate authority and 

assign responsibilities for the 

administration of the Department of 

Labor’s responsibilities under the 

Employee Retirement Income Security 

Act of 1974, (ERISA), Federal 

Employees’ Retirement System Act of 

1986 (FERSA), and certain other 

statutes. 

2. Authority and Directives Affected. 

This Order supersedes Secretary’s Order 

6–2009 (April 30, 2009). 

3. Background. ERISA places 

responsibility in the Department of 

Labor for the administration of a 

comprehensive program to protect the 

interests of participants and 

beneficiaries of private sector employee 

benefit plans. This Order delegates the 

Secretary of Labor’s authority and 

assigns responsibility for ERISA and for 

specified other laws to the Assistant 

Secretary for Employee Benefits 

Security. 

In particular, this Order delegates the 

Secretary’s authority and assigns 

responsibility for the newest among 

such laws, certain provisions enacted 

recently as amendments to the Fair 

Labor Standards Act (FLSA) in sections 

1511 and 1512 of the Patient Protection 

and Affordable Care Act of 2010, Public 

Law 111–148, 124 Stat. 119 (29 U.S.C. 

218A and 218B). The duties delegated to 

the Assistant Secretary include 

authority and responsibility for sections 

18A and 18B of the FLSA (29 U.S.C. 

218A and 218B), the associated FLSA 

authorities in sections 9 and 11 (20 

U.S.C. 209 and 211) to issue subpoenas 

and conduct investigations under 

sections 18A and 18B, and to exercise 

any other authority and responsibilities 

granted the Secretary to enforce sections 

18A and 18B of the FLSA. 

4. Delegation of Authority and 

Assignment of Responsibilities. 

A. Except as hereinafter provided, the 

Assistant Secretary for Employee 

Benefits Security is delegated the 

authority and assigned the 

responsibilities of the Secretary of 

Labor— 

(1) Under the following statutes, 

including any amendments: 

(a) The Employee Retirement Income 

Security Act of 1974, as amended, 

except for subtitle C of Title III and Title 

IV (29 U.S.C. 1001–1232); 

(b) The Welfare and Pension Plans 

Disclosure Act of 1958, as amended 

Public Law 85–836, 72 Stat. 997; Public 

Law 86–624, 74 Stat. 417; Public Law 

87–420, 76 Stat. 35. 

(c) The Federal Employees’ 

Retirement System Act of 1986 (5 U.S.C. 

8401–8479); 

(d) The Health Insurance Portability 

and Accountability Act of 1996, Public 

Law 104–191, 110 Stat. 1936; 

(e) Section 311(b) the Children’s 

Health Insurance Program 

Reauthorization Act of 2009, Public Law 

111–3, 123 Stat. 65; 

(f) Section 3001 of the American 

Recovery and Reinvestment Act of 2009 

Public Law 111–5; 


srobinson on DSKHWCL6B1PROD with NOTICES