Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55355 

(g) Sections 18A and 18B of the Fair 

Labor Standards Act of 1938, as 

amended, 29 U.S.C. sections 218A and 

218B, and the associated FLSA 

authorities in sections 9 and 11 (29 

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

and conduct investigations under 

sections 18A and 18B, and any other 

authority and responsibilities granted 

the Secretary to enforce sections 18A 

and 18B of the FLSA; and 

(h) As directed by the Secretary, such 

additional Federal acts similar to or 

related to those listed in paragraphs (a) 

through (g), above, that from time to 

time may assign additional authority or 

responsibilities to the Department or the 

Secretary. 

To request information the Internal 

Revenue Service (IRS) possesses for use 

in connection with the administration of 

Title I of ERISA of 1974. 

B. The Solicitor of Labor is 

responsible for providing legal advice 

and assistance to all officials of the 

Department relating to the 

administration of the statutes listed in 

paragraph 4.A.(1) of this Order, for 

bringing appropriate legal actions on 

behalf of the Secretary, and representing 

the Secretary in all civil proceedings. 

The Solicitor of Labor is also authorized 

to request information the IRS possesses 

for use in connection with the 

administration of Title I of ERISA. 

C. The Inspector General is 

authorized to request information the 

IRS possesses for use in connection with 

the administration of Title I of ERISA. 

5. Reservation of Authority. 

A. The submission of reports and 

recommendations to the President and 

the Congress concerning the 

administration of the statutes listed in 

paragraph 4.A.(1) of this Order and 

responsibilities under Subtitle C of Title 

III of ERISA are reserved to the 

Secretary. 

B. The Pension Benefit Guaranty 

Corporation carries out responsibilities 

under Title IV of ERISA. 

C. Except as expressly provided, 

nothing in this Order limits or modifies 

the provisions of any other Order, 

including Secretary’s Order 4–2006 

(Office of Inspector General). 

6. Effective Date. This Order is 

effective immediately. 

Dated: September 2, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–22655 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 Responsibility 

Secretary’s Order 4–2010 

Subject: Delegation of Authority and 

Assignment of Responsibility to the 

Assistant Secretary for Occupational 

Safety and Health. 

1. Purpose. To delegate authority and 

assign responsibility to the Assistant 

Secretary for Occupational Safety and 

Health. 

2. Authorities and Directives Affected. 

A. Authorities. This Order is issued 

pursuant to 29 U.S.C. 551 et seq.; 5 

U.S.C. 301; 5 U.S.C. 5315; the 

Occupational Safety and Health Act of 

1970, 29 U.S.C. 651, et seq.; the WalshHealey Public Contracts Act of 1936, as 

amended, 41 U.S.C. 35, 37–41, 43–45; 

the McNamara-O’Hara Service Contract 

Act of 1965, as amended, 41 U.S.C. 351– 

354, 356–357; the Contract Work Hours 

and Safety Standards Act, as amended, 

40 U.S.C. 329, 333; the Maritime Safety 

Act of 1958, 33 U.S.C. 941; the National 

Foundation on the Arts and the 

Humanities Act of 1965, 20 U.S.C. 

954(m)(2); 5 U.S.C. 7902 and any 

executive order thereunder, including 

Executive Order 12196 (‘‘Occupational 

Safety and Health Programs for Federal 

Employees’’) (February 26, 1980); the 

Surface Transportation Assistance Act 

of 1982, 49 U.S.C. 31105; the Asbestos 

Hazard Emergency Response Act of 

1986, 15 U.S.C. 2651; the International 

Safe Container Act, 46 U.S.C. 80507; the 

Safe Drinking Water Act, 42 U.S.C. 

300j–9(i); the Energy Reorganization Act 

of 1974, as amended, 42 U.S.C. 5851; 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, 42 U.S.C. 9610(a)–(d); the 

Federal Water Pollution Control Act, 33 

U.S.C. 1367; the Toxic Substances 

Control Act, 15 U.S.C. 2622; the Solid 

Waste Disposal Act, 42 U.S.C. 6971; the 

Clean Air Act, 42 U.S.C. 7622; the 

Wendell H. Ford Aviation Investment 

and Reform Act for the 21st Century, 49 

U.S.C. 42121; the Sarbanes-Oxley Act of 

2002, 18 U.S.C. 1514A; the Pipeline 

Safety Improvement Act of 2002, 49 

U.S.C. 60129; the National Transit 

Systems Security Act, 6 U.S.C. 1142; the 

Federal Railroad Safety Act, 49 U.S.C. 

20109; the Consumer Product Safety 

Improvement Act, 15 U.S.C. 2087; the 

Patient Protection and Affordable Care 

Act amendment to the Fair Labor 

Standards Act, 29 U.S.C. 218C; and 

Section 1057 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act, Public Law 111–203. 

B. Directives Affected. Secretary’s 

Order 5–2007 is replaced by this Order. 

3. Background. This Order constitutes 

the basic Secretary’s Order for the 

Occupational Safety and Health 

Administration (OSHA), superseding 

Order 5–2007. This Order delegates and 

assigns responsibility to OSHA for 

enforcement of (1) Section 18C 

(protection of employees providing 

healthcare information) of the Fair 

Labor Standards Act (29 U.S.C. 218C), 

as added by Section 1558 of the Patient 

Protection and Affordable Care Act of 

2010, Public Law 111–148; (2) Section 

1057 (‘‘Employee Protection,’’ 12 U.S.C. 

5567) of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act, 

Public Law 111–203; (3) the National 

Transit Systems Security Act, 6 U.S.C. 

1142; (4) the Federal Railroad Safety 

Act, 49 U.S.C. 20109; (5) Section 40 of 

the Consumer Product Safety 

Improvement Act, 15 U.S.C. 2087; and 

(6) makes other modifications to reflect 

the above new responsibilities. This 

revised Order also reflects recent 

organizational changes within the 

Department of Labor and makes other 

technical changes. All other authorities 

and responsibilities set forth in this 

Order were delegated or assigned 

previously to the Assistant Secretary for 

OSHA in Secretary’s Order 5–2007, and 

this Order continues those delegations 

and assignments in full force and effect, 

except as expressly modified herein. 

4. Delegation of Authority and 

Assignment of Responsibility. 

A. The Assistant Secretary for 

Occupational Safety and Health 

(1) The Assistant Secretary for 

Occupational Safety and Health is 

delegated authority and assigned 

responsibility for administering the 

safety and health, and whistleblower 

programs and activities of the 

Department of Labor, except as provided 

in paragraph 4.a.(2) below, under the 

designated provisions of the following 

laws: 

(a) Occupational Safety and Health 

Act of 1970, 29 U.S.C. 651, et seq. 

(b) Walsh-Healey Public Contracts Act 

of 1936, as amended, 41 U.S.C. 35, 37– 

41, 43–45. 

(c) McNamara-O’Hara Service 

Contract Act of 1965, as amended, 41 

U.S.C. 351–354, 356–357. 

(d) Contract Work Hours and Safety 

Standards Act, as amended, 40 U.S.C. 

329, 333. 

(e) Maritime Safety Act of 1958, 33 

U.S.C. 941. 

(f) National Foundation on the Arts 

and the Humanities Act of 1965, 20 

U.S.C. 954(m)(2). 

(g) 5 U.S.C. 7902 and any executive 

order thereunder, including Executive 


srobinson on DSKHWCL6B1PROD with NOTICES
55356 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

Order 12196 (‘‘Occupational Safety and 

Health Programs for Federal 

Employees’’) (February 26, 1980). 

(h) Surface Transportation Assistance 

Act of 1982, 49 U.S.C. 31105. 

(i) Asbestos Hazard Emergency 

Response Act of 1986, 15 U.S.C. 2651. 

(j) International Safe Container Act, 

46 U.S.C. 80507. 

(k) Safe Drinking Water Act, 42 U.S.C. 

300j–9(i). 

(l) Energy Reorganization Act of 1974, 

as amended, 42 U.S.C. 5851. 

(m) Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, 42 U.S.C. 9610(a)–(d). 

(n) Federal Water Pollution Control 

Act, 33 U.S.C. 1367. 

(o) Toxic Substances Control Act, 15 

U.S.C. 2622. 

(p) Solid Waste Disposal Act, 42 

U.S.C. 6971. 

(q) Clean Air Act, 42 U.S.C. 7622. 

(r) Wendell H. Ford Aviation 

Investment and Reform Act For the 21st 

Century, 49 U.S.C. 42121. 

(s) Sarbanes-Oxley Act of 2002, 18 

U.S.C. 1514A. 

(t) Pipeline Safety Improvement Act 

of 2002, 49 U.S.C. 60129. 

(u) National Transit Systems Security 

Act, 6 U.S.C. 1142. 

(v) Federal Railroad Safety Act, 49 

U.S.C. 20109. 

(w) Patient Protection and Affordable 

Care Act amendment to the Fair Labor 

Standards Act, 29 U.S.C. 218C. 

(x) Section 1057 of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act., Public Law No. 111– 

203. 

(y) Section 40 of the Consumer 

Product Safety Improvement Act, 15 

U.S.C. 2087. 

(z) Responsibilities of the Secretary of 

Labor with respect to safety and health, 

or whistleblower provisions of any other 

Federal law except those 

responsibilities which are assigned to 

another DOL agency. 

(2) The authority of the Assistant 

Secretary for Occupational Safety and 

Health under the Occupational Safety 

and Health Act of 1970 does not include 

authority to conduct inspections and 

investigations, issue citations, assess 

and collect penalties, or enforce any 

other remedies available under the 

statute, or 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. 

Nothing in this Order shall be 

construed as derogating from the right of 

States operating OSHA-approved 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 

OSHA retains the authority to monitor 

the activity of such States with respect 

to field sanitation and temporary labor 

camps. Moreover, the Assistant 

Secretary for OSHA retains all other 

agency authority and responsibility 

under the Occupational Safety and 

Health Act with regard to the standards 

on field sanitation and temporary labor 

camps, such as rulemaking authority. 

(3) The Assistant Secretary for 

Occupational Safety and Health is also 

delegated authority and assigned 

responsibility for: 

(a) Serving as Chairperson of the 

Federal Advisory Council on 

Occupational Safety and Health, as 

provided for by Executive Order 12196. 

(b) Coordinating Agency efforts with 

those of other officials or agencies 

having responsibilities in the 

occupational safety and health area. 

B. The Assistant Secretary for 

Occupational Safety and Health and the 

Administrator, Wage and Hour Division 

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 paragraph 

4.A.(2) 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. 

C. The Solicitor of Labor is 

responsible for providing legal advice 

and assistance to all Department of 

Labor officials relating to 

implementation and administration of 

all aspects of this Order. 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. 

D. The Commissioner of Labor 

Statistics is delegated authority and 

assigned responsibility for: 

(1) Furthering the purpose of the 

Occupational Safety and Health Act by 

developing and maintaining an effective 

program of collection, compilation, 

analysis, and publication of 

occupational safety and health statistics 

consistent with applicable law and 

Secretary’s orders. 

(2) Making grants to states or political 

subdivisions thereof in order to assist 

them in developing and administering 

programs dealing with occupational 

safety and health statistics under 

Sections 18, 23, and 24 of the 

Occupational Safety and Health Act. 

(3) Coordinating the above functions 

with the Assistant Secretary for 

Occupational Safety and Health. 

5. 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 

in paragraph 4.a. above is reserved to 

the Secretary. 

B. No delegation of authority or 

assignment of responsibility under this 

order will be deemed to affect the 

Secretary’s authority to continue to 

exercise or further delegate such 

authority or responsibility. 

C. 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 1–2010 (January 15, 

2010). 

6. Effective Date. This delegation of 

authority and assignment of 

responsibility is effective immediately. 

Dated: September 2, 2010. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2010–22656 Filed 9–9–10; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Proposed Collection, Comment 

Request 

ACTION: Notice. 

SUMMARY: 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 


srobinson on DSKHWCL6B1PROD with NOTICES