82 FR 6653 - Order of Succession to the Secretary of Labor in Periods of Vacancy, Continuity of Executive Direction, Repositioning and Devolution of Departmental Governance, and Emergency Planning Under Circumstances of Extreme Disruption
DEPARTMENT OF LABOR Federal Register Volume 82, Issue 12 (January 19, 2017)
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6653-6657 | |
| FR Document | 2017-01289 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Notices] [Pages 6653-6657] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01289] ----------------------------------------------------------------------- DEPARTMENT OF LABOR [Secretary's Order 1-2017] Order of Succession to the Secretary of Labor in Periods of Vacancy, Continuity of Executive Direction, Repositioning and Devolution of Departmental Governance, and Emergency Planning Under Circumstances of Extreme Disruption 1. Purpose. To provide for succession to act as, or on behalf of, the Secretary of Labor in case of death or resignation of the Secretary, or if the Secretary is otherwise unable to perform the functions and duties of the office, including in case of absence or sickness; to provide lines of succession for executive continuity within the Department and its Agencies during vacancies arising in a period of national emergency or in the course of business; to provide for the repositioning and devolution of Departmental governance under circumstances of extreme disruption; and to identify the first assistant to those officers of the Department whose appointment to office is required to be made by the President, including those whose appointment is subject to the advice and consent of the Senate. 2. Authority and Directives. A. This Order is issued pursuant to Executive Order 13755 (replacing Executive Order (E.O.) 13245, December 18, 2001); the Federal Vacancies Reform Act of 1998 (the FVRA) (codified generally at 5 U.S.C. 3345, et seq.); 29 U.S.C. 551 et seq.; Reorganization Plan No. 6 of 1950; Reorganization Plan No. 1 of 1958; Reorganization Plan No. 1 of 1973; Federal Civil Defense Act of 1950 as amended; Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., as amended; 5 USC 301; 31 U.S.C. 1531 and 1533; Executive Order 12656, as amended; and Executive Order 12148, as amended. National Security Presidential Directive 51/Homeland Security Presidential Directive 20 (NSPD-51/HSPD-20) National Continuity Policy (May 2007); National Continuity Policy Implementation Plan (NCPIP) (Aug 2007); Federal Continuity Directive 1 (FCD-1) Federal Executive Branch National Continuity Program and Requirements (October 2012); Office of Personnel Management, Handbook on Pay and Leave Benefits for Federal Employees Affected by Severe Weather Conditions or Other Emergency Situations (June 2008). B. Secretary's Order 4-2008 (August 4, 2008) is hereby superseded and canceled, and all agency delegations in conflict with this Order and/or its Attachment are hereby superseded. 3. Background. Pursuant to the 1998 Federal Vacancies Reform Act, the most recent order of succession of officers to act as Secretary of Labor in periods of vacancy was set forth in Secretary's Order 4-2008 (August 4, 2008), which was issued under the authority of E. O. 13245 (December 18, 2001). On December 23, 2016, E.O. 13755 revoked E.O. 13245 and provided a new order of succession to the position of Secretary of Labor. The Department's plan for continuity of operations in the event of a need for relocation involves movement of Emergency Response Group to a Continuity Site. The Department's plan for devolution was established by Secretarial Memorandum dated December 20, 2006, wherein the Secretary selected Dallas, Texas as the National Office, Department of Labor devolution site (the ``Devolution Site''). 4. Order of Governance. In accordance with E.O. 13755 and the FVRA, in case of absence due to death, resignation, or if the official is otherwise unable to perform the functions and duties of the office, the functions and duties of the officers of the Department of Labor and their respective responsibilities for operational management will be performed in an acting capacity or on behalf thereof by the incumbents of the positions designated in the following orders: A. Succession to the Secretary of Labor Sequence for identifying the Acting Secretary of Labor, who shall have all of [[Page 6654]] the authorities and responsibilities of the Secretary: (1) Deputy Secretary of Labor; (2) Solicitor of Labor; (3) Assistant Secretary for Administration and Management [Not subject to Senate Confirmation, Pub. L. 112-166]; (4) Assistant Secretary for Policy; (5) Assistant Secretary for Congressional and Intergovernmental Affairs; (6) Assistant Secretary for Employment and Training; (7) Assistant Secretary for Employee Benefits Security; (8) Assistant Secretary for Occupational Safety and Health; (9) Assistant Secretary for Mine Safety and Health; (10) Assistant Secretary for Public Affairs [Not subject to Senate confirmation, Pub. L. 112-166]; (11) Chief Financial Officer (12) Administrator, Wage and Hour Division (13) Assistant Secretary for Veterans' Employment and Training; (14) Assistant Secretary for Disability Employment Policy; (15) First assistants, as defined in the FVRA, to the officials in the order listed in (2), and (4)-(9); (16) Regional Solicitor--Dallas; and (17) Regional Administrator for the Office of the Assistant Secretary for Administration and Management--Region VI/Dallas--(who, upon becoming Delegated Secretarial Designee (DSD) by order of operation of this Succession Order, the Secretary hereby authorizes and pre-approves for an immediate, noncompetitive appointment to the Senior Executive Service (SES) under a limited-term appointment using a DOL SES allocation). Provided that, no individual who is serving in an acting capacity in any of the above positions shall serve as Acting Secretary pursuant to this Order. B. Identifying the Delegated Secretarial Designee on Behalf of the Secretary of Labor In the event and for such time(s) that none of the incumbents in the succession sequence set forth in Paragraph 4.A., above, are available to serve as Acting Secretary, the Delegated Secretarial Designee (DSD) shall fulfill, on an interim basis, the operational management of the Department except the Secretary's ``functions and duties.'' The ``functions and duties'' of the Secretary are those non- delegable responsibilities (a) established by law (statute or regulation); and (b) required to be performed by, and only by, the Secretary. Except as determined otherwise by the President, whoever from time to time is highest in the following sequence and is available to serve shall be the Delegated Secretarial Designee: (1) The following: (a) Director, Office of Federal Contract Compliance Programs; (b) Director of the Women's Bureau; and (c) Director, Office of Labor Management Standards; (2) Specified DOL officials as follows: (a) Regional Administrator for ETA located in Dallas; (b) OSHA Regional Administrator--Dallas. Provided that, no individual who is serving in an acting capacity in any of the above positions shall serve as the Delegated Secretarial Designee pursuant to this Order. C. To All Other PAS Positions and Heads of Other Principal Organizational Units (1) There are offices and agencies within the Department of Labor headed by officers whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate (PAS). In the event of a vacancy in any of these PAS positions, the FVRA provides that, except in certain narrow circumstances, the ``first assistant [to the PAS position] shall perform the functions and duties of the [PAS position] temporarily in an acting capacity'' (subject to certain time limitations), unless and until the President makes an alternative designation under the FVRA. The functions and duties of the PAS officers of the Department and the operational management of the respective agency will be performed by the incumbent first assistant to the PAS position, as designated in the Secretarial Memorandum to Department of Labor Executive Staff (see, ``Memorandum,'' attached to this Order). (2) In the event that (a) there is a vacancy in the position of the first assistant, or (b) the first assistant position is occupied by a person who is statutorily barred from serving as an acting officer, the operational management of the agency headed by the PAS shall be performed by the person whose designation closest follows that of the first assistant, unless and until the President makes an alternative designation under the FVRA. However, the ``functions and duties'' of the PAS may not be performed by any person other than the person serving in an acting capacity (or, in the absence of an acting officer, by the Secretary pursuant to the FVRA). The ``functions and duties'' are those non-delegable responsibilities (a) established by law (statute or regulation); and (b) required to be performed by, and only by, the PAS. (3) The Memorandum described in Paragraph 4.C. (1) above shall include succession to the heads of other Departmental organizational units that report to the Secretary. (4) Nothing in this Order or the Memorandum shall: (1) Be construed to override the provisions in the FVRA with respect to the Inspector General or the Chief Financial Officer (5 U.S.C. 3348(e)); or (2) limit the Secretary's authority to reassign functions or duties of officers unless otherwise precluded by law or regulation. (5) The Memorandum shall be published in the Federal Register and codified in the Department of Labor Manual Series. It is also subject to periodic revision by the Secretary, as necessary, and is effective upon signature unless otherwise specified. 5. Emergency Governance of the Department of Labor and Devolution of Authorities and Responsibilities A. Secretary (or Acting Secretary) of Labor. Unless otherwise directed by the President (or designee), upon the occurrence of a national emergency entailing a wholesale disruption of the operations, structure, and leadership of the Department of Labor, the Secretary or Acting Secretary (as designated by the President or as provided in the order of succession set forth in Paragraph 4.A. above) shall activate the governing Continuity Plans and determine whether the National Office of the Department of Labor will remain in the then existing location, be repositioned organizationally to the Continuity Site, or be repositioned at the Devolution Site. B. Except as otherwise directed by the President (or designee), if (1) a catastrophic event occurs in the Washington, DC metropolitan area; (2) the incumbents identified in Paragraph 4.A. are unavailable or unlikely to be available promptly for succession; and (3) the incumbent(s) higher-situated to fill the role of Delegated Secretarial Designee (DSD) as provided in Paragraph 4.B. are unavailable or unlikely to be available promptly to assume the position of DSD, then consistent with the guidelines and operational plans of the Department and upon a review of the circumstances and Executive branch guidance, the incumbent in the next highest DSD-eligible position shall activate the governing Continuity Plans described in Paragraph 5.A. and, based upon those [[Page 6655]] plans, determine whether the National Office of the Department of Labor will remain in the then existing location, be repositioned organizationally to the Continuity Site, or be repositioned in Dallas, Texas. If emergency circumstances exist that make identification of the DSD untenable, then the Regional Solicitor located in Dallas shall assume the duties and responsibilities described above in this Paragraph 5.B. unless and until the Secretary, Acting Secretary or a higher-situated official listed in Paragraph 4.B. above is identified and is available to serve. 6. General and Specific Delegations of Authority and Assignment of Responsibilities A. Acting Secretary: Upon designation in accordance with the conditions and sequence set forth in Section 4.A. of this Order, the Acting Secretary shall have all of the authorities of the Secretary of Labor, whether statutorily-conferred or delegated by the President. The Acting Secretary shall provide for the full operational management of the Department of Labor, including, for example, the activation or modification of pre-existing Continuity Plans for the repositioning and reconstitution of the Department of Labor in the event of a national emergency. B. Delegated Secretarial Designee: Upon designation in accordance with the conditions and sequence set forth above and subject to direction by the President or designee, the Secretary, or the Acting Secretary, the DSD shall fulfill interim operational management functions for the Department of Labor, performing all of the duties and responsibilities of the Secretary of Labor (except the ``functions and duties'' as defined in Paragraph 4.B. above) including, for example, the activation or modification of pre-existing Continuity Plans for the repositioning and reconstitution of the Department of Labor in the event of a national emergency. C. Assistant Secretary for Administration and Management: Upon conditions requiring implementation of this plan and any subsequent vacancies, ASAM shall be in charge of ensuring compliance with the FVRA. Further, as the DOL Continuity Coordinator, ASAM shall develop and provide on at least an annual basis a ``duties and responsibilities'' briefing to the designated Secretarial successors and DSDs and other key positions on their respective responsibilities, and on applicable relocation and reconstitution provisions, and shall establish (within 180 days from the date of this Order) and regularly thereafter update, in consultation with DOL Agency Heads, governing Continuity Plans for the repositioning and reconstitution of the Department of Labor upon the occurrence of national emergency scenarios entailing a wholesale disruption of the operations, structure, and leadership of the Department of Labor. The governing Continuity Plans for the Department as approved by the ASAM shall reflect: (1) The standards under a variety of scenarios for activation of the Continuity Plans; (2) the determination of each agency head that the succession plans, delegations of authority and assignments of responsibility, emergency agency directives, standard operating procedures, and position descriptions needed to fulfill its mission, if devolved to or reconstituted in Dallas, are established, approved by the ASAM, and presented to the Dallas Regional Administrator (OASAM) for contingency activation by Secretary, Acting Secretary, or the Delegated Secretarial Designee; and (3) plans prepared by the DOL component Agencies, to include OASAM, Dallas Regional Administrator (OASAM) for devolving essential operations for the component Agency and for reconstituting the Department or component Agency in the event of activation of the DOL Continuity Plans. D. The Chief Human Capital Officer shall develop and approve (within 180 days from the date of this Order) and regularly thereafter update, a plan, consistent with applicable law, for managing, positioning and compensating DOL human resources in the event of a continuity of operations event, and shall assist with, and review the adequacy of, preparations by Agency Heads for repositioning and reconstituting the operations of their respective agencies. The Chief Human Capital Officer shall also assure that the position descriptions of all DSD-eligible incumbents reflect their potential DSD service. E. The Chief Acquisition Officer shall develop and approve (within 180 days from the date of this Order) and regularly thereafter update, appropriate plans for assuring that all stages of the Department's central contracting needs can be met with regional resources and that emergency powers, to the extent permitted by law, are ready for activation upon the occurrence of a national emergency or major disruption, and shall assist with and review the adequacy of preparations by Agency Heads for repositioning and reconstituting the operations of their respective agencies. F. The Chief Information Officer shall develop and approve (within 180 days from the date of this Order) and regularly thereafter update, appropriate plans for assuring that all of the Department's information technology systems have sufficient redundancies to support the timely relocation of the Department's Essential Functions and the reconstitution of the all the Department's organizations and functions, and shall assist with and review the adequacy of preparations by Agency Heads for repositioning and reconstituting the operations of their respective agencies. G. The Assistant Secretary for Administration and Management shall develop and approve (within 180 days from the date of this Order) and regularly thereafter update, plans, consistent with applicable law, for the establishment of budget formulation for a relocated or reconstituted Department and for securing apportionment flexibilities that will permit functions to be transferred and redistributed among DOL agencies and their respective appropriation accounts, and shall assist with and review the adequacy of preparations by Agency Heads for repositioning and reconstituting the operations of their respective agencies. H. The Chief Financial Officer shall develop and approve (within 180 days from the date of this Order) and regularly thereafter update, plans consistent with applicable law, for the establishment of budget execution capabilities for a relocated or reconstituted Department and shall assist with and review the adequacy of preparations by Agency Heads for repositioning and reconstituting the operations of their respective agencies. I. The Chief Property Officer shall assist with and review the adequacy of preparations by Agency Heads for repositioning and reconstituting the operations of their respective agencies. J. 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 and implementation of this Order and, if such an event arises, for a relocated or reconstituted Department. The bringing of legal proceedings, the representation of the Secretary and other officials of the Department, and the determination of whether such proceedings or representations are appropriate in a given case, are delegated exclusively. In addition, the Solicitor of Labor shall assume responsibilities from the Assistant Secretary for Policy for performing the role of Departmental liaison with the Office of the Federal [[Page 6656]] Register in the event of devolution of departmental operations to Dallas. K. Agency Heads shall assure completion (within 180 days from the date of this Order, and on a regular basis thereafter) of the planning, support, and consultation required by authorized officers in connection with all aspects of the administration of this Order, including: (1) Establishing appropriate succession plans, delegations of authority and assignments of responsibility, emergency agency directives, vital record identification and protection, standard operating procedures, and position descriptions to assure for the continuity of agency operations relocated to the Continuity Site or the Devolution Site, as appropriate; (2) Engaging in specific transitional planning with the ASAM, including provisions for appropriate transfer of staff and programs as appropriate, in order to create devolution plans for DOL Agencies whose Offices do not currently have staff and space available at the Devolution Site; and (3) In consultation with the Office of the Solicitor, identifying, compiling, and reporting to the ASAM regarding those emergency authorities and responsibilities that may not be suspended, or are activated, during national emergencies of any type. L. All employees, including contactors, of the Department shall be responsible for knowing their individual responsibilities in any continuity situation, for contacting DOL as soon as possible after a major incident consistent with applicable guidance and for being available to work during emergencies to the extent deemed necessary and appropriate and consistent with OPM guidance. All employees shall also comply with such further directions as may be published from time to time in the Department's internal regulations or otherwise distributed relating to their duties and responsibilities during emergency circumstances. 7. Reservations of Authority A. Except to the extent stated in this Order, this Secretary's Order does not affect the authorities and responsibilities of the Inspector General under the Inspector General Act of 1978, as amended, or Secretary's Order 04-2006 (February 21, 2006). B. This Order does not affect any authorities and responsibilities of the Chief Financial Officer under the Chief Financial Officers Act of 1990, any other Federal law or regulation, or any Office of Management and Budget, Government Accountability Office, or U.S. Department of the Treasury policies and publications governing the fiscal responsibilities of Federal departments and agencies. 8. Effective Date. This Order is effective immediately. Thomas E. Perez, Secretary of Labor. Attachment MEMORANDUM FOR DEPARTMENT OF LABOR EXECUTIVE STAFF FROM: THOMAS E. PEREZ SUBJECT: To Provide for the Order of Succession for Executive Continuity This memorandum is issued pursuant to Secretary's Order 1-2017 and the authorities cited therein, in order to provide lines of succession in periods of vacancy in case of absence, sickness, resignation, or death of agency heads and during periods of national emergency declared by the President and to provide for ongoing operational management of agency programs and personnel. This memorandum addresses succession in the Department for (1) appointments made by the President, by and with the advice and consent of the Senate (PAS), (2) appointments made by the President not subject to the Senate's advice and consent role (PA), and (3) appointments made by the Secretary. Succession for PAS Agency Head Appointments Functions and duties and ongoing operational management responsibilities of the officers of the Department whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate (PAS), will be performed in an acting capacity by the below designated ``first assistants,'' unless and until the President makes an alternative designation under the Federal Vacancies Reform Act of 1998 (FVRA). Functions and duties are those non-delegable responsibilities established by law (statute or regulation) and required to be performed by, and only by, the PAS. In the event that the first assistant does not serve or is barred from serving, unless and until the President makes an alternative designation under the FVRA, the person whose designation closest follows that of the first assistant shall perform the operational management of the agency. However, the functions and duties of the PAS may not be performed by any person other than the person serving in an acting capacity, in accord with FVRA (or, in the absence of an acting officer, by the Secretary pursuant to the FVRA). Succession for Other Agency Head Appointments In addition, certain DOL offices are not covered by the FVRA because they are not subject to Senate confirmation. Nevertheless, they are included in this Memorandum in order to consolidate the presentation of the Department's program for establishing orderly internal succession in the event of vacancies. These agencies are: Office of the Assistant Secretary for Administration and Management, Office of the Assistant Secretary for Public Affairs, Office of Federal Contract Compliance Programs, Women's Bureau, Office of Labor- Management Standards, Office of Workers' Compensation Programs, Bureau of International Labor Affairs. This memorandum supersedes all prior inconsistent agency delegations. Agency Heads shall assure that agency delegations, position descriptions, and other pertinent documents are maintained consistently with the designations provided below. Any modifications to the Order of Succession specified in this memorandum are solely reserved to the Secretary. This memorandum shall be published in the Federal Register and codified in the Department of Labor Manual Series. This memorandum is subject to periodic revision by the Secretary, as necessary, and is effective on the date indicated above. DESIGNATION OF DOL AGENCY FIRST ASSISTANT \1\ AND ORDER OF SUCCESSION --------------------------------------------------------------------------- \1\ The first assistants or equivalent position are designated in italic font in the list that follows as the position designated immediately below the agency head position title. Unless otherwise indicated, the listed first assistants are those individuals holding non-career appointments. From time-to-time, DOL may create a ``Principal Deputy'' position and designate someone to fill that role. If any such position is filled and approved by OPM, that position would go immediately below the Agency Head position. --------------------------------------------------------------------------- A. Presidential Appointments: Positions Under the Secretary of Labor Deputy Secretary of Labor: Designation to be made by Presidential direction, as provided in 5 U.S.C. 3345. Solicitor of Labor: Deputy Solicitor Deputy Solicitor (Regional Enforcement) Deputy Solicitor (National Operations) Assistant Secretary for Administration and Management [not subject \2\ to FVRA \3\] --------------------------------------------------------------------------- \2\ P.L. 112-166, Presidential Appointment and Streamlining Act of 2011. \3\ Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d. --------------------------------------------------------------------------- [[Page 6657]] Deputy Assistant Secretary for Policy Deputy Assistant Secretary for Operations Assistant Secretary for Policy: Deputy Assistant Secretary for Policy Deputy Assistant Secretary for Policy (Operations and Analysis) Assistant Secretary for Congressional and Intergovernmental Affairs: Deputy Assistant Secretary for Congressional Affairs Deputy Assistant Secretary for Congressional Affairs Assistant Secretary for Employment and Training: Deputy Assistant Secretary Deputy Assistant Secretary Deputy Assistant Secretary for Operations and Management Assistant Secretary for Employee Benefits Security: Deputy Assistant Secretary for Policy Deputy Assistant Secretary for Program Operations Assistant Secretary for Occupational Safety and Health: Deputy Assistant Secretary Deputy Assistant Secretary Assistant Secretary for Mine Safety and Health: Deputy Assistant Secretary for Mine Safety and Health Deputy Assistant Secretary for Mine Safety and Health (Operations) Assistant Secretary for Public Affairs [not subject \4\ to FVRA]: --------------------------------------------------------------------------- \4\ See footnote 2. --------------------------------------------------------------------------- Deputy Assistant Secretary Senior Managing Director Chief Financial Officer: Deputy Chief Financial Officer Administrator, Wage and Hour Division: Deputy Wage and Hour Administrator Deputy Wage and Hour Administrator (Operations) Assistant Secretary for Veterans' Employment and Training: Deputy Assistant Secretary for Veterans' Employment and Training Service (Policy) Deputy Assistant Secretary for Operations and Management Assistant Secretary for Disability Employment Policy: Deputy Assistant Secretary Director of the Women's Bureau [not subject \5\ to FVRA]: --------------------------------------------------------------------------- \5\ See footnote 2. --------------------------------------------------------------------------- Deputy Director \6\ --------------------------------------------------------------------------- \6\ 29 U.S.C. 14 creates first assistant to the Director of the Women's Bureau. --------------------------------------------------------------------------- Deputy Director Commissioner of Labor Statistics: Deputy Commissioner Inspector General: Deputy Inspector General B. Non-Career SES Agency Head Positions Director, Office of Federal Contract Compliance Programs: Deputy Director Director, Division of Program Operations Director, Office of Labor-Management Standards: Deputy Director Director, Office of Workers' Compensation Programs: Deputy Director Director, Division of Federal Employee Compensation Deputy Under Secretary for International Affairs of the Bureau of International Labor Affairs: Associate Deputy Under Secretary for International Affairs Associate Deputy Under Secretary for International Affairs [FR Doc. 2017-01289 Filed 1-18-17; 8:45 am] BILLING CODE 4510-XX-P
![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6653
The petitions filed in this case are Labor, Room N–5428, 200 Constitution Signed at Washington, DC, this 3rd day of
available for inspection at the Office of Avenue NW., Washington, DC 20210. January 2017.
the Director, Office of Trade Adjustment Hope D. Kinglock,
Assistance, Employment and Training Certifying Officer, Office of Trade Adjustment
Administration, U.S. Department of Assistance.
Appendix
17 TAA PETITIONS INSTITUTED BETWEEN 12/19/16 AND 12/30/16
Subject firm Date of Date of
TA–W Location
(petitioners) institution petition
92497 ........... Marge Carson (State/One-Stop) .............................................. Pomona, CA ........................... 12/19/16 12/16/16
92498 ........... IPS Penn Coil (Union) .............................................................. Glassport, PA .......................... 12/19/16 12/18/16
92499 ........... HealthSmart Benefit Solutions Inc (Workers) .......................... Charleston, WV ....................... 12/20/16 12/20/16
92500 ........... Projectplace a Planview Company (State/One-Stop) .............. Austin, TX ............................... 12/21/16 12/20/16
92501 ........... Paoli Inc (Workers) .................................................................. Orleans, IN .............................. 12/22/16 12/19/16
92502 ........... Interlectric Corporation (Workers) ............................................ Warren, PA ............................. 12/22/16 12/21/16
92503 ........... Asurion Services LLC (State/One-Stop) .................................. Nashville, TN .......................... 12/22/16 12/22/16
92504 ........... Optum (Company) .................................................................... Colorado Springs, CO ............ 12/27/16 12/23/16
92505 ........... Batesville Casket Company (Company) .................................. Batesville, MS ......................... 12/27/16 12/23/16
92506 ........... Weyerhaeuser (State/One-Stop) .............................................. Kalispell, MT ........................... 12/27/16 12/22/16
92507 ........... Halliburton (State/One-Stop) .................................................... Tulsa, OK ................................ 12/27/16 12/22/16
92508 ........... Thermo Fisher Scientific (State/One-Stop) .............................. Pittsburgh, PA ......................... 12/28/16 12/27/16
92509 ........... Omak Forest Products, LLC (State/One-Stop) ........................ Omak, WA .............................. 12/28/16 12/23/16
92510 ........... Magnetic Metals Corporation (State/One-Stop) ....................... Camden, NJ ............................ 12/29/16 12/28/16
92511 ........... Source One Technologies (State/One-Stop) ........................... San Jose, CA .......................... 12/29/16 12/28/16
92512 ........... Uroboros Glass (State/One-Stop) ............................................ Portland, OR ........................... 12/29/16 12/28/16
92513 ........... Trinity Industries (Workers) ...................................................... Cartersville, GA ....................... 12/30/16 12/28/16
[FR Doc. 2017–01210 Filed 1–18–17; 8:45 am] A. This Order is issued pursuant to recent order of succession of officers to
BILLING CODE 4510–FN–P Executive Order 13755 (replacing act as Secretary of Labor in periods of
Executive Order (E.O.) 13245, December vacancy was set forth in Secretary’s
18, 2001); the Federal Vacancies Reform Order 4–2008 (August 4, 2008), which
DEPARTMENT OF LABOR Act of 1998 (the FVRA) (codified was issued under the authority of E. O.
generally at 5 U.S.C. 3345, et seq.); 29 13245 (December 18, 2001). On
[Secretary’s Order 1–2017] U.S.C. 551 et seq.; Reorganization Plan December 23, 2016, E.O. 13755 revoked
No. 6 of 1950; Reorganization Plan No. E.O. 13245 and provided a new order of
Order of Succession to the Secretary 1 of 1958; Reorganization Plan No. 1 of succession to the position of Secretary
of Labor in Periods of Vacancy, 1973; Federal Civil Defense Act of 1950 of Labor.
Continuity of Executive Direction, as amended; Robert T. Stafford Disaster The Department’s plan for continuity
Repositioning and Devolution of Relief and Emergency Assistance Act, of operations in the event of a need for
Departmental Governance, and 42 U.S.C. 5121 et seq., as amended; 5 relocation involves movement of
Emergency Planning Under USC 301; 31 U.S.C. 1531 and 1533; Emergency Response Group to a
Circumstances of Extreme Disruption Executive Order 12656, as amended; Continuity Site. The Department’s plan
and Executive Order 12148, as for devolution was established by
1. Purpose. To provide for succession amended.
to act as, or on behalf of, the Secretary Secretarial Memorandum dated
National Security Presidential December 20, 2006, wherein the
of Labor in case of death or resignation Directive 51/Homeland Security
of the Secretary, or if the Secretary is Secretary selected Dallas, Texas as the
Presidential Directive 20 (NSPD–51/ National Office, Department of Labor
otherwise unable to perform the HSPD–20) National Continuity Policy
functions and duties of the office, devolution site (the ‘‘Devolution Site’’).
(May 2007); National Continuity Policy
including in case of absence or sickness; Implementation Plan (NCPIP) (Aug 4. Order of Governance. In accordance
to provide lines of succession for 2007); Federal Continuity Directive 1 with E.O. 13755 and the FVRA, in case
executive continuity within the (FCD–1) Federal Executive Branch of absence due to death, resignation, or
Department and its Agencies during National Continuity Program and if the official is otherwise unable to
vacancies arising in a period of national Requirements (October 2012); Office of perform the functions and duties of the
emergency or in the course of business; Personnel Management, Handbook on office, the functions and duties of the
to provide for the repositioning and Pay and Leave Benefits for Federal officers of the Department of Labor and
devolution of Departmental governance Employees Affected by Severe Weather their respective responsibilities for
under circumstances of extreme Conditions or Other Emergency operational management will be
disruption; and to identify the first Situations (June 2008). performed in an acting capacity or on
mstockstill on DSK3G9T082PROD with NOTICES
assistant to those officers of the B. Secretary’s Order 4–2008 (August behalf thereof by the incumbents of the
Department whose appointment to 4, 2008) is hereby superseded and positions designated in the following
office is required to be made by the canceled, and all agency delegations in orders:
President, including those whose conflict with this Order and/or its A. Succession to the Secretary of Labor
appointment is subject to the advice and Attachment are hereby superseded.
consent of the Senate. 3. Background. Pursuant to the 1998 Sequence for identifying the Acting
2. Authority and Directives. Federal Vacancies Reform Act, the most Secretary of Labor, who shall have all of
VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00172 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/82_FR_6665/page/1.svg)
![6654 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices
the authorities and responsibilities of Secretary. Except as determined pursuant to the FVRA). The ‘‘functions
the Secretary: otherwise by the President, whoever and duties’’ are those non-delegable
(1) Deputy Secretary of Labor; from time to time is highest in the responsibilities (a) established by law
(2) Solicitor of Labor; following sequence and is available to (statute or regulation); and (b) required
(3) Assistant Secretary for serve shall be the Delegated Secretarial to be performed by, and only by, the
Administration and Management [Not Designee: PAS.
subject to Senate Confirmation, Pub. L. (1) The following: (3) The Memorandum described in
112–166]; (a) Director, Office of Federal Contract Paragraph 4.C. (1) above shall include
(4) Assistant Secretary for Policy; Compliance Programs; succession to the heads of other
(5) Assistant Secretary for (b) Director of the Women’s Bureau; Departmental organizational units that
Congressional and Intergovernmental and report to the Secretary.
Affairs; (c) Director, Office of Labor (4) Nothing in this Order or the
(6) Assistant Secretary for Management Standards; Memorandum shall: (1) Be construed to
Employment and Training; (2) Specified DOL officials as follows: override the provisions in the FVRA
(7) Assistant Secretary for Employee (a) Regional Administrator for ETA with respect to the Inspector General or
Benefits Security; located in Dallas; the Chief Financial Officer (5 U.S.C.
(8) Assistant Secretary for (b) OSHA Regional Administrator— 3348(e)); or (2) limit the Secretary’s
Occupational Safety and Health; Dallas. authority to reassign functions or duties
(9) Assistant Secretary for Mine Safety Provided that, no individual who is of officers unless otherwise precluded
and Health; serving in an acting capacity in any of by law or regulation.
(10) Assistant Secretary for Public the above positions shall serve as the (5) The Memorandum shall be
Affairs [Not subject to Senate Delegated Secretarial Designee pursuant published in the Federal Register and
confirmation, Pub. L. 112–166]; to this Order. codified in the Department of Labor
(11) Chief Financial Officer C. To All Other PAS Positions and Manual Series. It is also subject to
(12) Administrator, Wage and Hour Heads of Other Principal periodic revision by the Secretary, as
Division Organizational Units necessary, and is effective upon
(13) Assistant Secretary for Veterans’ signature unless otherwise specified.
Employment and Training; (1) There are offices and agencies 5. Emergency Governance of the
(14) Assistant Secretary for Disability within the Department of Labor headed Department of Labor and Devolution of
Employment Policy; by officers whose appointment to office Authorities and Responsibilities
(15) First assistants, as defined in the is required to be made by the President, A. Secretary (or Acting Secretary) of
FVRA, to the officials in the order listed by and with the advice and consent of Labor. Unless otherwise directed by the
in (2), and (4)–(9); the Senate (PAS). In the event of a President (or designee), upon the
(16) Regional Solicitor—Dallas; and vacancy in any of these PAS positions, occurrence of a national emergency
(17) Regional Administrator for the the FVRA provides that, except in entailing a wholesale disruption of the
Office of the Assistant Secretary for certain narrow circumstances, the ‘‘first operations, structure, and leadership of
Administration and Management— assistant [to the PAS position] shall the Department of Labor, the Secretary
Region VI/Dallas—(who, upon perform the functions and duties of the or Acting Secretary (as designated by
becoming Delegated Secretarial [PAS position] temporarily in an acting the President or as provided in the order
Designee (DSD) by order of operation of capacity’’ (subject to certain time of succession set forth in Paragraph 4.A.
this Succession Order, the Secretary limitations), unless and until the above) shall activate the governing
hereby authorizes and pre-approves for President makes an alternative Continuity Plans and determine
an immediate, noncompetitive designation under the FVRA. The whether the National Office of the
appointment to the Senior Executive functions and duties of the PAS officers Department of Labor will remain in the
Service (SES) under a limited-term of the Department and the operational then existing location, be repositioned
appointment using a DOL SES management of the respective agency organizationally to the Continuity Site,
allocation). will be performed by the incumbent first or be repositioned at the Devolution
Provided that, no individual who is assistant to the PAS position, as Site.
serving in an acting capacity in any of designated in the Secretarial B. Except as otherwise directed by the
the above positions shall serve as Acting Memorandum to Department of Labor President (or designee), if (1) a
Secretary pursuant to this Order. Executive Staff (see, ‘‘Memorandum,’’ catastrophic event occurs in the
attached to this Order). Washington, DC metropolitan area; (2)
B. Identifying the Delegated Secretarial (2) In the event that (a) there is a the incumbents identified in Paragraph
Designee on Behalf of the Secretary of vacancy in the position of the first 4.A. are unavailable or unlikely to be
Labor assistant, or (b) the first assistant available promptly for succession; and
In the event and for such time(s) that position is occupied by a person who is (3) the incumbent(s) higher-situated to
none of the incumbents in the statutorily barred from serving as an fill the role of Delegated Secretarial
succession sequence set forth in acting officer, the operational Designee (DSD) as provided in
Paragraph 4.A., above, are available to management of the agency headed by Paragraph 4.B. are unavailable or
serve as Acting Secretary, the Delegated the PAS shall be performed by the unlikely to be available promptly to
Secretarial Designee (DSD) shall fulfill, person whose designation closest assume the position of DSD, then
on an interim basis, the operational follows that of the first assistant, unless consistent with the guidelines and
mstockstill on DSK3G9T082PROD with NOTICES
management of the Department except and until the President makes an operational plans of the Department and
the Secretary’s ‘‘functions and duties.’’ alternative designation under the FVRA. upon a review of the circumstances and
The ‘‘functions and duties’’ of the However, the ‘‘functions and duties’’ of Executive branch guidance, the
Secretary are those non-delegable the PAS may not be performed by any incumbent in the next highest DSD-
responsibilities (a) established by law person other than the person serving in eligible position shall activate the
(statute or regulation); and (b) required an acting capacity (or, in the absence of governing Continuity Plans described in
to be performed by, and only by, the an acting officer, by the Secretary Paragraph 5.A. and, based upon those
VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/82_FR_6665/page/2.svg)
![6656 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices
Register in the event of devolution of U.S. Department of the Treasury Succession for Other Agency Head
departmental operations to Dallas. policies and publications governing the Appointments
K. Agency Heads shall assure fiscal responsibilities of Federal In addition, certain DOL offices are
completion (within 180 days from the departments and agencies. not covered by the FVRA because they
date of this Order, and on a regular basis 8. Effective Date. This Order is are not subject to Senate confirmation.
thereafter) of the planning, support, and effective immediately. Nevertheless, they are included in this
consultation required by authorized Memorandum in order to consolidate
officers in connection with all aspects of Thomas E. Perez,
the presentation of the Department’s
the administration of this Order, Secretary of Labor.
program for establishing orderly internal
including: succession in the event of vacancies.
Attachment
(1) Establishing appropriate
These agencies are: Office of the
succession plans, delegations of MEMORANDUM FOR DEPARTMENT
Assistant Secretary for Administration
authority and assignments of OF LABOR EXECUTIVE STAFF
and Management, Office of the Assistant
responsibility, emergency agency
FROM: THOMAS E. PEREZ Secretary for Public Affairs, Office of
directives, vital record identification
SUBJECT: To Provide for the Order of Federal Contract Compliance Programs,
and protection, standard operating
Succession for Executive Continuity Women’s Bureau, Office of Labor-
procedures, and position descriptions to
Management Standards, Office of
assure for the continuity of agency This memorandum is issued pursuant Workers’ Compensation Programs,
operations relocated to the Continuity to Secretary’s Order 1–2017 and the Bureau of International Labor Affairs.
Site or the Devolution Site, as authorities cited therein, in order to This memorandum supersedes all
appropriate; provide lines of succession in periods of prior inconsistent agency delegations.
(2) Engaging in specific transitional vacancy in case of absence, sickness, Agency Heads shall assure that agency
planning with the ASAM, including resignation, or death of agency heads delegations, position descriptions, and
provisions for appropriate transfer of and during periods of national other pertinent documents are
staff and programs as appropriate, in emergency declared by the President maintained consistently with the
order to create devolution plans for DOL and to provide for ongoing operational designations provided below. Any
Agencies whose Offices do not currently management of agency programs and modifications to the Order of
have staff and space available at the personnel. This memorandum addresses Succession specified in this
Devolution Site; and succession in the Department for (1)
(3) In consultation with the Office of memorandum are solely reserved to the
appointments made by the President, by Secretary. This memorandum shall be
the Solicitor, identifying, compiling, and with the advice and consent of the
and reporting to the ASAM regarding published in the Federal Register and
Senate (PAS), (2) appointments made by codified in the Department of Labor
those emergency authorities and the President not subject to the Senate’s
responsibilities that may not be Manual Series. This memorandum is
advice and consent role (PA), and (3) subject to periodic revision by the
suspended, or are activated, during appointments made by the Secretary.
national emergencies of any type. Secretary, as necessary, and is effective
L. All employees, including Succession for PAS Agency Head on the date indicated above.
contactors, of the Department shall be Appointments DESIGNATION OF DOL AGENCY
responsible for knowing their individual FIRST ASSISTANT 1 AND ORDER OF
responsibilities in any continuity Functions and duties and ongoing
operational management responsibilities SUCCESSION
situation, for contacting DOL as soon as
possible after a major incident of the officers of the Department whose A. Presidential Appointments: Positions
consistent with applicable guidance and appointment to office is required to be Under the Secretary of Labor
for being available to work during made by the President, by and with the Deputy Secretary of Labor:
emergencies to the extent deemed advice and consent of the Senate (PAS), Designation to be made by
necessary and appropriate and will be performed in an acting capacity Presidential direction, as provided
consistent with OPM guidance. All by the below designated ‘‘first in 5 U.S.C. 3345.
employees shall also comply with such assistants,’’ unless and until the Solicitor of Labor:
further directions as may be published President makes an alternative Deputy Solicitor
from time to time in the Department’s designation under the Federal Vacancies Deputy Solicitor (Regional
internal regulations or otherwise Reform Act of 1998 (FVRA). Functions Enforcement)
and duties are those non-delegable Deputy Solicitor (National
distributed relating to their duties and
responsibilities established by law Operations)
responsibilities during emergency Assistant Secretary for Administration
circumstances. (statute or regulation) and required to be
performed by, and only by, the PAS. and Management [not subject 2 to
7. Reservations of Authority
A. Except to the extent stated in this In the event that the first assistant FVRA 3]
Order, this Secretary’s Order does not does not serve or is barred from serving, 1 The first assistants or equivalent position are
affect the authorities and unless and until the President makes an designated in italic font in the list that follows as
responsibilities of the Inspector General alternative designation under the FVRA, the position designated immediately below the
under the Inspector General Act of 1978, the person whose designation closest agency head position title. Unless otherwise
as amended, or Secretary’s Order 04– follows that of the first assistant shall indicated, the listed first assistants are those
individuals holding non-career appointments. From
2006 (February 21, 2006). perform the operational management of
mstockstill on DSK3G9T082PROD with NOTICES
time-to-time, DOL may create a ‘‘Principal Deputy’’
B. This Order does not affect any the agency. However, the functions and position and designate someone to fill that role. If
authorities and responsibilities of the duties of the PAS may not be performed any such position is filled and approved by OPM,
Chief Financial Officer under the Chief by any person other than the person that position would go immediately below the
Agency Head position.
Financial Officers Act of 1990, any other serving in an acting capacity, in accord 2 P.L. 112–166, Presidential Appointment and
Federal law or regulation, or any Office with FVRA (or, in the absence of an Streamlining Act of 2011.
of Management and Budget, acting officer, by the Secretary pursuant 3 Federal Vacancies Reform Act of 1998, 5 U.S.C.
Government Accountability Office, or to the FVRA). 3345–3349d.
VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/82_FR_6665/page/4.svg)
![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6657
Deputy Assistant Secretary for Policy B. Non-Career SES Agency Head • Nancy P. Bray, Director, Spaceport
Deputy Assistant Secretary for Positions Integration and Services, National
Operations Director, Office of Federal Contract Aeronautics and Space Administration;
Assistant Secretary for Policy: Compliance Programs: • Christine M. Condon, Principal
Deputy Assistant Secretary for Policy Deputy Director Director, Deputy Chief Information
Deputy Assistant Secretary for Policy Director, Division of Program Officer for Resources and Analysis,
(Operations and Analysis) Operations Office of the Secretary of Defense, DOD;
Assistant Secretary for Congressional Director, Office of Labor-Management • Monica R. Shephard, Vice Director,
and Intergovernmental Affairs: Standards: Joint Force Development, DOD; and
Deputy Assistant Secretary for • Rebecca A. Fenneman, Director,
Deputy Director
Congressional Affairs Office of Consumer Affairs and Dispute
Director, Office of Workers’
Deputy Assistant Secretary for Resolution Services, Federal Maritime
Compensation Programs:
Congressional Affairs Deputy Director Commission.
Assistant Secretary for Employment Director, Division of Federal Dated: January 11, 2017.
and Training: Employee Compensation Cynthia L. Attwood,
Deputy Assistant Secretary Deputy Deputy Under Secretary for Chairman.
Assistant Secretary International Affairs of the Bureau [FR Doc. 2017–01124 Filed 1–18–17; 8:45 am]
Deputy Assistant Secretary for of International Labor Affairs: BILLING CODE 7600–01–P
Operations and Management Associate Deputy Under Secretary for
Assistant Secretary for Employee International Affairs
Benefits Security: Associate Deputy Under Secretary for NATIONAL AERONAUTICS AND
Deputy Assistant Secretary for Policy International Affairs SPACE ADMINISTRATION
Deputy Assistant Secretary for [FR Doc. 2017–01289 Filed 1–18–17; 8:45 am]
Program Operations [(Notice (17–001)]
BILLING CODE 4510–XX–P
Assistant Secretary for Occupational
Safety and Health: Notice of Intent To Grant a Partially
Deputy Assistant Secretary Exclusive License
OCCUPATIONAL SAFETY AND
Deputy Assistant Secretary HEALTH REVIEW COMMISSION AGENCY: National Aeronautics and
Assistant Secretary for Mine Safety and Space Administration.
Health: Senior Executive Service Performance ACTION: Notice of intent To grant
Deputy Assistant Secretary for Mine Review Board Membership partially exclusive license.
Safety and Health AGENCY: Occupational Safety and Health
Deputy Assistant Secretary for Mine SUMMARY: NASA hereby gives notice of
Review Commission.
Safety and Health (Operations) its intent to grant a partially exclusive
ACTION: Annual Notice. patent license in the United States to
Assistant Secretary for Public Affairs
[not subject 4 to FVRA]: SUMMARY: Notice is given of the practice the inventions described and
Deputy Assistant Secretary appointment of members to the claimed in U.S. Patent Number
Senior Managing Director Performance Review Board (PRB) of the 7,075,295 B2 titled ‘‘Magnetic Field
Chief Financial Officer: Occupational Safety and Health Review Response Sensor for Conductive
Deputy Chief Financial Officer Commission. Media,’’ NASA Case Number LAR–
Administrator, Wage and Hour 16571–1; U.S. Patent Number 7,589,525
DATE: Membership is effective on
Division: B2 titled ‘‘Magnetic Field Response
January 19, 2017. Sensor for Conductive Media,’’ NASA
Deputy Wage and Hour Administrator
Deputy Wage and Hour Administrator FOR FURTHER INFORMATION CONTACT: Case Number LAR–16571–2; U.S. Patent
(Operations) Linda M. Beard, Human Resources No. 7,759,932 B2 titled ‘‘Magnetic Field
Assistant Secretary for Veterans’ Specialist, U.S. Occupational Safety and Response for Conductive Media,’’ NASA
Employment and Training: Health Review Commission, 1120 20th Case Number LAR–16571–3; U.S. Patent
Deputy Assistant Secretary for Street NW., Washington, DC 20036, No. 7,086,593 B2 titled ‘‘Magnetic Field
Veterans’ Employment and (202) 606–5393. Response Measurement Acquisition
Training Service (Policy) SUPPLEMENTARY INFORMATION: The System,’’ NASA Case Number LAR–
Deputy Assistant Secretary for Review Commission, as required by 5 16908–1; U.S. Patent No. 7,047,807 B2
Operations and Management U.S.C. 4314(c)(1) through (5), has titled ‘‘Flexible Framework for
Assistant Secretary for Disability established a Senior Executive Service Capacitive Sensing,’’ NASA Case No.
Employment Policy: PRB. The PRB reviews and evaluates the LAR–16974–1; U.S. Patent No.
Deputy Assistant Secretary initial appraisal of a senior executive’s 7,506,541 B2 titled ‘‘System and Method
Director of the Women’s Bureau [not performance by the supervisor, and for Wirelessly Determining Fluid
subject 5 to FVRA]: makes recommendations to the Volume,’’ NASA Case No. LAR–17116–
Deputy Director 6 Chairman of the Review Commission 1; U.S. Patent No. 7,255,004 B2 titled
Deputy Director regarding performance ratings, ‘‘Wireless Fluid Level Measuring
Commissioner of Labor Statistics: performance awards, and pay-for- System,’’ NASA Case Number LAR–
performance adjustments. Members of 17155–1; U.S. Patent No. 7,159,774 B2
mstockstill on DSK3G9T082PROD with NOTICES
Deputy Commissioner
Inspector General: the PRB serve for a period of 24 months. titled ‘‘Magnetic Field Response
Deputy Inspector General In the case of an appraisal of a career Measurement Acquisition System,’’
appointee, more than half of the NASA Case No. LAR–17280–1; U.S.
4 See footnote 2.
members shall consist of career Patent No. 8,430,327 B2 titled ‘‘Wireless
5 See footnote 2. appointees, pursuant to 5 U.S.C. Sensing System Using Open-Circuit,
6 29 U.S.C. 14 creates first assistant to the Director 4314(c)(5). The names and titles of the Electrically-Conductive Spiral-Trace
of the Women’s Bureau. PRB members are as follows: Sensor,’’ NASA Case No. LAR–17294–1;
VerDate Sep<11>2014 21:20 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/82_FR_6665/page/5.svg)
Document Created: 2018-02-01 15:15:14
Document Modified: 2018-02-01 15:15:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 6653 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR