83 FR 35679 - Secretary's Order 05-2018
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 83, Issue 145 (July 27, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 145 (July 27, 2018)
| Page Range | 35679-35680 | |
| FR Document | 2018-16127 |
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)] [Notices] [Pages 35679-35680] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16127] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary Secretary's Order 05--2018 Subject: Procedures for Appointment of Individuals to Department of Labor Appellate Boards 1. Purpose. To provide for transparent and consistent processes by which the Secretary of Labor shall select and appoint individuals to the three appellate boards within the Department of Labor. 2. Authorities and Directives Affected. A. Authorities. This Order is issued pursuant to the following authorities: i. 29 U.S.C. 551 et seq.; ii. 5 U.S.C. 301-02. B. Directives Affected. This Order does not affect the authorities and responsibilities assigned by any other Secretary's Order, including but not limited to Order 02-2012 (77 FR 69378) and Order 03-2006 (20 CFR 801.201). 3. Background. The Secretary has the authority and responsibility to appoint the members of the Department's three appellate boards: the Administrative Review Board (ARB), the Benefits Review Board (BRB), and the Employees' Compensation Appeals Board (ECAB). These appointments should be made through a transparent and consistent process. Accordingly, this Order establishes procedures by which these appointments shall be made. 4. Responsibilities. A. The Assistant Secretary for Administration and Management, in consultation with the Deputy Secretary, is assigned responsibility for issuing written guidance, as necessary, to implement this Order. B. The Solicitor of Labor is responsible for providing legal advice to DOL on all matters arising in the implementation and administration of this Order. 5. Procedure. The following procedures shall apply to the selection and appointment of individuals to the ARB, BRB, and ECAB: A. A notice of vacancy and solicitation of applications shall be posted in the Federal Register and on the relevant Board's website. The vacancy shall be held open for a minimum of thirty days, during which applications shall be accepted. The notice shall specify: The name of the board; the type of appointment; the duration, if any, of the appointment; the minimum criteria for appointment; the documentation an applicant must submit for consideration; the deadline by which such documentation must be submitted; and the email address and/or physical address where documentation may be submitted. B. Applications will be directed to the Office of Executive Resources (OER) within the Office of the Assistant Secretary for Administration and Management (OASAM) to be screened for whether an applicant has timely submitted all required documentation and meets the minimal qualifications for the position, including vetting potential ethics concerns such as conflicts of interest in consultation with ethics counsel. C. OER will deliver qualified applications to a six-person review panel. The members of the panel will be selected by the Secretary or the Secretary's designee,\1\ and will consist of three career and three non-career Department employees who are members of the Senior Executive Service. The Department's Director, Human Resources Center, or her designee, shall be present for each meeting of the panel. --------------------------------------------------------------------------- \1\ In the absence of specific Secretary's designee, the Solicitor of Labor shall be the designee. --------------------------------------------------------------------------- D. The panel will review the qualified applications, and rank the candidates. The panel will send the applications of the top-ranked candidates to an interview committee, which will be comprised of the Deputy Secretary and a career ethics attorney from Office of the Solicitor. E. The interview committee will interview the top-ranked candidates and recommend to the Secretary which candidate should be chosen for the position. The interview committee will also provide the Secretary with the resumes of the other top-ranked candidates it interviewed but did not [[Page 35680]] recommend. The Secretary shall make the final decision and appointment, or may instead order another candidate search be completed. 6. Privacy. This Order is subject to the applicable laws, regulations, and procedures concerning the privacy of applicants to federal government employment. 7. Exceptions. The requirements of this Order are intended to be general in nature, and accordingly shall be construed and implemented consistent with more specific requirements of any statute, Executive Order, or other legal authority governing a particular board. In the event of a conflict, the specific statute, Executive Order, or other legal authority shall govern. 8. Redelegation of Authority. Except as otherwise provided by law, all of the authorities delegated in this Order may be redelegated in order to serve the purposes of this Order. 9. Effective Date. This order is effective immediately. Dated: June 1, 2018. R. Alexander Acosta, Secretary of Labor. [FR Doc. 2018-16127 Filed 7-26-18; 8:45 am] BILLING CODE 4510-04-P
![Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices 35679
DEPARTMENT OF JUSTICE www.justice.gov/enrd/consent-decrees. B. The Solicitor of Labor is
We will provide a paper copy of the responsible for providing legal advice to
Notice of Lodging of Proposed Consent Decree upon written request DOL on all matters arising in the
Consent Decree Under the Clean Water and payment of reproduction costs. implementation and administration of
Act Please mail your request and payment this Order.
to: Consent Decree Library, U.S. DOJ— 5. Procedure. The following
On July 24, 2018, the Department of procedures shall apply to the selection
Justice lodged a proposed Consent ENRD, P.O. Box 7611, Washington, DC
20044–7611. and appointment of individuals to the
Decree with the United States District ARB, BRB, and ECAB:
Court for the Southern District of West Please enclose a check or money order
for $5.75 (25 cents per page A. A notice of vacancy and
Virginia in the lawsuit entitled United solicitation of applications shall be
States and West Virginia v. CSX reproduction cost) payable to the United
States Treasury. For a paper copy posted in the Federal Register and on
Transportation, Inc., Civil Action No. the relevant Board’s website. The
2:18–cv–01175. without the signature pages, the cost is
$4.25. vacancy shall be held open for a
The Complaint alleges that Defendant minimum of thirty days, during which
CSX Transportation, Inc., violated the Robert Brook, applications shall be accepted. The
Clean Water Act, the West Virginia Assistant Section Chief, Environmental notice shall specify: The name of the
Water Pollution Control Act, and the Enforcement Section, Environment and board; the type of appointment; the
West Virginia Groundwater Protection Natural Resources Division. duration, if any, of the appointment; the
Act by discharging oil into Armstrong [FR Doc. 2018–16087 Filed 7–26–18; 8:45 am] minimum criteria for appointment; the
Creek and the Kanawha River after BILLING CODE 4410–15–P documentation an applicant must
Defendant’s train derailed in February submit for consideration; the deadline
2015 near Mount Carbon, West Virginia. by which such documentation must be
The Consent Decree resolves the alleged submitted; and the email address and/
violations through a settlement package DEPARTMENT OF LABOR
or physical address where
with two components. First, the Consent Office of the Secretary documentation may be submitted.
Decree requires Defendant to pay a total B. Applications will be directed to the
civil penalty of $2.2 million: $1.2 Secretary’s Order 05—2018 Office of Executive Resources (OER)
million to resolve the United States’ within the Office of the Assistant
claims, and $1 million to resolve West Subject: Procedures for Appointment
Secretary for Administration and
Virginia’s claims. Second, Defendant of Individuals to Department of Labor
Management (OASAM) to be screened
must participate in a State supplemental Appellate Boards
for whether an applicant has timely
environmental project (‘‘State SEP’’) to 1. Purpose. To provide for transparent
submitted all required documentation
settle West Virginia’s claims only. The and consistent processes by which the
and meets the minimal qualifications for
State SEP requires Defendant to pay Secretary of Labor shall select and
the position, including vetting potential
$500,000 into a State-created and State- appoint individuals to the three
ethics concerns such as conflicts of
owned escrow account that the State appellate boards within the Department
interest in consultation with ethics
will use to fund upgrades to the of Labor.
counsel.
Kanawha Falls Public Service District 2. Authorities and Directives Affected. C. OER will deliver qualified
water treatment facility in Fayette A. Authorities. This Order is issued applications to a six-person review
County, West Virginia. pursuant to the following authorities: panel. The members of the panel will be
The publication of this notice opens i. 29 U.S.C. 551 et seq.; selected by the Secretary or the
a period for public comment on the ii. 5 U.S.C. 301–02. Secretary’s designee,1 and will consist
Consent Decree. Comments should be B. Directives Affected. This Order of three career and three non-career
addressed to the Acting Assistant does not affect the authorities and Department employees who are
Attorney General, Environment and responsibilities assigned by any other members of the Senior Executive
Natural Resources Division, and should Secretary’s Order, including but not Service. The Department’s Director,
refer to United States and West Virginia limited to Order 02–2012 (77 FR 69378) Human Resources Center, or her
v. CSX Transportation, Inc., Civil and Order 03–2006 (20 CFR 801.201). designee, shall be present for each
Action No. 2:18–cv–01175, DOJ number 3. Background. The Secretary has the meeting of the panel.
90–5–1–1–11264. All comments must be authority and responsibility to appoint D. The panel will review the qualified
submitted no later than thirty (30) days the members of the Department’s three applications, and rank the candidates.
after the publication date of this notice. appellate boards: the Administrative The panel will send the applications of
Comments may be submitted either by Review Board (ARB), the Benefits the top-ranked candidates to an
email or by mail: Review Board (BRB), and the interview committee, which will be
Employees’ Compensation Appeals comprised of the Deputy Secretary and
To submit Send them to:
Board (ECAB). These appointments a career ethics attorney from Office of
comments: should be made through a transparent the Solicitor.
and consistent process. Accordingly, E. The interview committee will
By email ....... pubcomment-ees.enrd@
this Order establishes procedures by interview the top-ranked candidates and
usdoj.gov.
By mail ......... Assistant Attorney General, which these appointments shall be recommend to the Secretary which
U.S. DOJ—ENRD, P.O. made. candidate should be chosen for the
amozie on DSK3GDR082PROD with NOTICES1
Box 7611, Washington, DC 4. Responsibilities. position. The interview committee will
20044–7611. A. The Assistant Secretary for also provide the Secretary with the
Administration and Management, in resumes of the other top-ranked
During the public comment period, consultation with the Deputy Secretary, candidates it interviewed but did not
the Consent Decree may be examined is assigned responsibility for issuing
and downloaded at this Justice written guidance, as necessary, to 1 In the absence of specific Secretary’s designee,
Department website: https:// implement this Order. the Solicitor of Labor shall be the designee.
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![35680 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
recommend. The Secretary shall make 3. Background. The Secretary and/or employees who understand advisory
the final decision and appointment, or Secretary’s designee has the authority committees and their functions. The
may instead order another candidate and responsibility to appoint members Department’s Director, Human
search be completed. of advisory committees that provide Resources Center, or her designee, shall
6. Privacy. This Order is subject to the information, expertise, and be present for each meeting of the panel.
applicable laws, regulations, and recommendations to DOL agencies. The panel shall select candidates it
procedures concerning the privacy of These appointments should be made considers best meet the criteria for a
applicants to federal government through a transparent and consistent specific committee. The committee shall
employment. process. Accordingly, this Order send its proposed selections to the head
7. Exceptions. The requirements of establishes procedures by which these of the agency, who shall review and
this Order are intended to be general in appointments shall be made.
provide the agency’s recommendations
nature, and accordingly shall be 4. Responsibilities.
to the Secretary and Deputy Secretary.
construed and implemented consistent A. The Assistant Secretary for
with more specific requirements of any Administration and Management, in D. For an advisory committee that
statute, Executive Order, or other legal consultation with the Deputy Secretary, requires the Secretary himself make
authority governing a particular board. is assigned responsibility for issuing appointments, the Secretary shall make
In the event of a conflict, the specific written guidance, as necessary, to each final decision and appointment, or
statute, Executive Order, or other legal implement this Order. may instead order another candidate
authority shall govern. B. The Solicitor of Labor is search be completed.
8. Redelegation of Authority. Except responsible for providing legal advice to
DOL on all matters arising in the E. For an advisory committee that
as otherwise provided by law, all of the permits a Secretary’s designee to make
authorities delegated in this Order may implementation and administration of
this Order. appointments, the Secretary, at his
be redelegated in order to serve the discretion, may review the
purposes of this Order. 5. Procedure. The following
procedures shall apply to the selection recommendations himself pursuant to
9. Effective Date. This order is Paragraph 5.D of this order; or he may
and appointment of individuals to
effective immediately. permit his designee to make the final
Department advisory committees for
Dated: June 1, 2018. which the Secretary or the Secretary’s decisions and appointments, or instead
R. Alexander Acosta, designee is responsible: order another candidate search be
Secretary of Labor. A. A notice of vacancy and completed, consistent with
[FR Doc. 2018–16127 Filed 7–26–18; 8:45 am] solicitation of applications shall be requirements of the applicable statute.
posted in the Federal Register and on
BILLING CODE 4510–04–P 6. Privacy. This Order is subject to the
the relevant committee or agency
website. The vacancy shall be held open applicable laws, regulations, and
for a minimum of thirty days, during procedures concerning the privacy of
DEPARTMENT OF LABOR
which applications shall be accepted. applicants to federal government
Office of the Secretary The notice shall specify: The name of advisory committees.
the committee; the minimum 7. Exceptions; Administrative Matters.
Procedures for Appointment of requirements for committee The requirements of this Order are
Individuals to Department of Labor membership, including specialized intended to be general in nature, and
Advisory Committees knowledge, experience, or other accordingly shall be construed and
Subject: Secretary’s Order 04—2018 relevant criteria as mandated by the implemented consistent with more
relevant statute, committee charter, or as specific requirements of any statute,
1. Purpose. To provide for transparent determined by the agency administering Executive Order, or other legal authority
and consistent processes by which the the committee; the duration, if any, of
governing the composition of a
Secretary of Labor and/or the designee the appointment; the minimum criteria
of the Secretary of Labor shall select and particular advisory committee. In the
for appointment; the documentation an
appoint individuals to advisory event of a conflict, the specific statute,
applicant must submit for
committees 1 within the Department of consideration; the deadline by which Executive Order, or other legal authority
Labor. such documentation must be submitted; shall govern. The requirements of this
2. Authorities and Directives Affected. and the email address and/or physical Order are in addition to internal
A. Authorities. This Order is issued address where documentation may be administrative procedures regarding the
pursuant to the following authorities: submitted. appointment of individuals to advisory
i. 29 U.S.C. 551 et seq.; B. Each application shall be directed committees.
ii. 5 U.S.C. 301–02; to the relevant agency to be screened to 8. Redelegation of Authority. Except
iii. 5 U.S.C. app. 2, 1–15. determine whether the applicant has as otherwise provided by law, all of the
B. Directives Affected. This Order timely submitted all required authorities delegated in this Order may
does not affect the authorities and documentation and meets the minimal be redelegated in order to serve the
responsibilities assigned by any other qualifications for the position, including purposes of this Order.
Secretary’s Order. vetting the minimally qualified
candidates for potential ethics concerns 9. Date. This order is effective
amozie on DSK3GDR082PROD with NOTICES1
1 ‘‘Committee’’ such as conflicts of interest in immediately.
refers to any Federal Advisory
Committee Act (FACA) advisory committee, consultation with ethics counsel. Dated: June 1, 2018.
committee, board, task force, or working group to C. Qualified applications shall be R. Alexander Acosta,
which the Secretary of Labor or the designee of the reviewed by a panel established within
Secretary appoints individuals. This Order does not Secretary of Labor.
apply to internal committees, boards, task forces, or
the relevant agency. The members of
[FR Doc. 2018–16124 Filed 7–26–18; 8:45 am]
working groups, or to purely interagency each panel shall be selected by the head
committees, boards, task forces, or working groups. of the agency, and shall consist of six BILLING CODE 4510–04–P
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Document Created: 2018-07-27 04:05:03
Document Modified: 2018-07-27 04:05:03
| 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 | 83 FR 35679 |
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