[19982 Federal Register / Vol. 61, No. 87 / Friday, May 3,
1996 / Rules and Regulations]
DEPARTMENT OF LABOR
41 CFR Part 50-203
Employment and Training Administration
20 CFR Parts 601, 617, 626, and 658
Employment Standards Administration
20 CFR Part 702
Office of the Secretary
29 CFR Parts 1, 2, 4, 5, 6, 7, 8, 22, 24, 32, and 96
Wage and Hour Division
29 CFR Parts 504, 507, 508, and 530
Occupational Safety and Health Administration
29 CFR Part 1978
Office of Federal Contract Compliance Programs
41 CFR Parts 60-1, 60-30, 60-250, and 60-741
Establishment of the Administrative Review Board
AGENCY: Employment and Training Administration, Employment
Standards Administration, Office of the Secretary, Wage and Hour
Division, Occupational Safety and Health Administration, Office
of Federal Contract Compliance Programs, Labor.
ACTION: Final rule.
SUMMARY: This rule amends the regulations to provide that
the functions performed by the Wage Appeals Board and the Board
of Service Contract Appeals will henceforth be performed by the
Administrative Review Board. This rule also amends the
regulations to provide that when the Administrative Review Board
is reviewing administrative decisions which were previously
decided by either the Wage Appeals Board or the Board of Service
Contract Appeals it will follow the rules of practice and
procedure of the Board which would have decided the case prior to
the promulgation of this rule. This rule also amends the
regulations to provide that the functions previously performed by
the Office of Administrative Appeals in advising and assisting
the Secretary and other deciding officials of the Department of
Labor will henceforth be performed by the Administrative Review
Board, which is now designated to issue final agency decisions
under a number of laws. This rule is promulgated to
consolidate within one entity the authority delegated by the
Secretary to decide administrative appeals and matters under
administrative review. This consolidation should result in
administrative efficiencies and cost savings.
EFFECTIVE DATE: May 3, 1996.
FOR FURTHER INFORMATION CONTACT: David A. O'Brien, U.S.
Department of Labor, Room S-4309, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, Telephone (202) 219-4728
SUPPLEMENTARY INFORMATION: On April 17, 1996, the
Secretary of Labor issued Secretary's Order 2-96 which
establishes the Administrative Review Board and transfers to it
the authorities and responsibilities previously delegated to the
Wage Appeals Board and the Board of Service Contract Appeals.
Both the Wage Appeals Board and the Board of Service Contract
Appeals are eliminated by Secretary's Order 2-96. In addition to
those responsibilities, Secretary's Order 2-96 delegates to the
Administrative Review Board the Secretary of Labor's and other
deciding officials' authority to issue final agency decisions of
administrative appeals and of administrative review cases under
certain laws, which are enumerated in the Secretary's Order.
Those enumerated laws are those for which the Office of
Administrative Appeals was previously assigned the responsibility
of advising and assisting the Secretary of Labor and other agency
officials in deciding administrative appeals and matters of
administrative review. The Office of Administrative Appeals is
eliminated by Secretary's Order 2-96.
The rules of practice and procedure for the conduct of an
administrative appeal or matter of administrative review brought
to the Administrative Review Board shall, until changed, continue
to be the rules that are currently prescribed for such an
administrative appeal or review.
Executive Order 12866
This rule is not classified as a "rule" under
Executive Order 12866 on federal regulations, because it is a
regulation relating to agency organization, management or
personnel. See section 3(d)(3) which exempts this rule.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this
rule under section 553(b) of the Administrative Procedure Act
(APA), the requirements of the Regulatory Flexibility Act (5
U.S.C. 601) pertaining to regulatory flexibility do not apply to
this rule. See 5 U.S.C. 601(2).
Paperwork Reduction Act
This final rule is not subject to section 3504(h) of the
Paperwork Reduction Act (44 U.S.C. 3501) since it does not
contain any new collection of information requirements.
Publication in Final
The Department has determined that these amendments need not
be published as a proposed rule, as is generally required by the
APA (5 U.S.C. 553), since this rulemaking merely reflects agency
organization, procedure, or practice. It is thus exempt from
notice and comment by virtue of section 553(b)(A).
Effective Date
This document will become effective upon publication pursuant
to 5 U.S.C. 553(d). The undersigned has determined that good
cause exists for waiving the customary requirement for delay in
the effective date of a final rule for 30 days following its
publication. This determination is based upon the fact that the
rule is technical and nonsubstantive, and merely reflects agency
organization, practice and procedure.
Small Business Regulatory Fairness Act of 1996
This rule is not classified as a "rule" under
Chapter 8 of the Small Business Regulatory Fairness Act of 1996,
because it is a rule pertaining to agency organization,
procedure, or practice that does not substantially affect the
rights or obligations of non-agency parties. See 5 U.S.C.
804(3)(C).
List of Subjects
20 CFR Part 601
Labor, Unemployment Compensation, Administrative Practice and
Procedure.
20 CFR Part 617
Labor, Unemployment Compensation, Administrative Practice and
Procedure.
20 CFR Part 626
Employment, Labor, Manpower training programs.
20 CFR Part 658
Labor, Manpower Training Programs, Administrative Practice
and Procedure.
20 CFR Part 702
Administrative practice and procedure, Claims, Insurance,
Longshoremen, Vocational rehabilitation, Workers' Compensation.
[61 Fed. Reg. 19983]
29 CFR Part 1
Administrative practice and procedure, Government contracts,
Labor, Wages.
29 CFR Part 2
Administrative practice and procedure, Government employees.
29 CFR Part 4
Administrative practice and procedure, Government contracts,
Labor, Wages, and Reporting and recordkeeping requirements.
29 CFR Part 5
Administrative practice and procedure, Government contracts,
Labor, Wages, Reporting and recordkeeping requirements.
29 CFR Part 6
Administrative practice and procedure, Government contracts,
Labor, Wages.
29 CFR Part 7
Administrative practice and procedure, Government contracts,
Labor, Wages.
29 CFR Part 8
Administrative practice and procedure, Government contracts,
Labor, Wages.
29 CFR Parts 22 and 24
Labor, Whistleblowing, Administrative practice and procedure.
29 CFR Part 32
Grant Programs, Civil Rights, Handicapped discrimination.
29 CFR Part 96
Labor, Nonprofit Organizations, Administrative practice and
procedure.
29 CFR Part 504
Aliens, Employment, Administrative practice and procedure.
29 CFR Part 507
Aliens, Employment, Administrative practice and procedure.
29 CFR Part 508
Aliens, Employment, Administrative practice and procedure.
29 CFR Part 530
Labor, Homeworkers, Administrative practice and procedure.
29 CFR Part 1978
Labor, Whistleblowing, Administrative practice and procedure.
41 CFR Part 50-203
Administrative practice and procedure, Government contracts,
Government procurement, Minimum wages.
41 CFR Part 60-1
Equal Employment Opportunity, Administrative practice and
procedure, Civil Rights, Government contracts.
41 CFR Part 60-30
Equal Employment Opportunity, Administrative practice and
procedure, Civil Rights, Government contracts.
41 CFR Part 60-250
Equal Employment Opportunity, Administrative Practice and
Procedure, Civil Rights, Government Contracts, Individuals With
Disabilities, Veterans.
41 CFR Part 60-741
Equal Employment Opportunity, Administrative Practice and
Procedure, Civil Rights, Government Contracts, Individuals With
Disabilities.
For the reasons set forth in the preamble, 20 CFR Parts 601,
617, 626, 658, and 702; and 29 CFR Parts 1, 2, 4, 5, 6, 7, 8, 22,
24, 32, 96, 504, 507, 508, 530, and 1978; and 41 CFR Parts
50-203, 60-1, 60-30, 60-250, and 60-741 are amended as follows:
TITLE 20
PART 601--ADMINISTRATIVE PROCEDURE
1. The authority citation for 20 CFR Part 601 continues to
read as follows:
Authority: 5 U.S.C. 301; 26 U.S.C. Chapter 23; 29 U.S.C. 49k;
38 U.S.C. Chapters 41 and 42; 39 U.S.C. 3202(a)(1)(E) and 3202
note; 42 U.S.C. 1302; and Secretary of Labor's Order No. 4-75, 40
FR 18515.
2. Section 601.1 is amended by adding paragraph (d) to read
as follows:
§ 601.1 General.
* * * * *
(d) As used throughout this Part, the terms
"Secretary" or "Secretary of Labor" shall
refer to the Secretary of Labor, U.S. Department of Labor, or his
or her designee.
PART 617--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE
TRADE ACT OF 1974
3. The authority citation for 20 CFR Part 617 continues to
read as follows:
Authority: 19 U.S.C. 2320, Secretary's Order No. 3-81, 46 FR
31117.
4. Section 617.3 is amended by revising paragraph (ff) to
read as follows:
§ 617.3 Definitions.
* * * * *
(ff) Secretary means the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
* * * * *
PART 626--INTRODUCTION TO THE REGULATIONS UNDER THE JOB
TRAINING PARTNERSHIP ACT
5. The authority citation for 20 CFR Part 626 continues to
read as follows:
Authority: 29 U.S.C. 1579(a); sec. 6305(f), Pub. L. 100-418,
102 Stat. 1107; 29 U.S.C. 179i(e).
6. 20 CFR 626.5 is amended, in part, by revising the
definition for Secretary to read as follows:
§ 626.5 Definitions.
* * * * *
Secretary means the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
* * * * *
PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE JOB SERVICE
SYSTEM
7. The authority citation for Part 658 is revised to read as
follows:
Authority: Wagner-Peyser Act of 1933, as amended, 29 U.S.C.
49 et seq.; 38 U.S.C. chapters 41 and 42; 5 U.S.C. 301
et seq.; sections 658.410, 658.411 and 658.413 also issued
under 44 U.S.C. 3501 et seq.
8. Section 658.710 is amended by revising paragraph (d) to
read as follows:
§ 658.710 Decision of the Administrative Law Judge.
* * * * *
(d) If the case involves the decertification of an appeal to
the State agency, the decision of the Administrative Law Judge
shall contain a notice stating that, within 30 calendar days of
the decision, the State agency or the Administrator may appeal to
the Administrative Review Board, United States Department of
Labor, by sending by registered mail, return receipt requested, a
written appeal to the Administrative Review Board, in care of the
Administrative Law Judge who made the decision.
9. Section 658.711 is revised to read as follows:
§ 658.711 Decision of the Administrative Review
Board.
(a) Upon the receipt of an appeal to the Administrative
Review Board, United States Department of Labor, the
Administrative Law Judge shall certify the record in the case to
the Administrative Review Board, which shall make a decision to
decertify or not on the basis of the hearing record.
[61 Fed. Reg. 19984]
(b) The decision of the Administrative Review Board shall be
final, shall be in writing, and shall set forth the factual and
legal basis for the decision. Notice of the Administrative Review
Board's decision shall be published in the Federal Register, and
copies shall be made available for public inspection and copying.
PART 702--ADMINISTRATION AND PROCEDURE
10. The authority citation for 20 CFR Part 702 is revised to
read as follows:
Authority: 5 U.S.C. 301, 8171 et seq.; Reorganization
Plan No. 6. of 1950, 15 FR 3174, 3 CFR, 1949-1953, Comp. p. 1004,
64 Stat. 1263; 33 U.S.C. 939; 36 D.C. Code 501 et seq.; 42
U.S.C. 1651 et seq.; 43 U.S.C. 1331; Secretary's Order
1-93, 58 FR 21190.
§ 702.433 [Amended]
11. Section 702.433 is amended by substituting the words
"Administrative Review Board," for "Assistant
Secretary for Employment Standards" wherever they appear in
paragraphs (e) and (f).
§ 702.434 [Amended]
12. Section 702.434 is amended by substituting the words
"Administrative Review Board," for "Assistant
Secretary for Employment Standards" wherever they appear in
paragraphs (a), (b), or (c).
TITLE 29
PART 1--PROCEDURES FOR PREDETERMINATION OF WAGE RATES
13. The authority citation for 29 CFR Part 1 continues to
read as follows:
Authority: 5 U.S.C. 301; R.S. 161, 64 Stat. 1267;
Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 29 U.S.C.
259; 40 U.S.C. 276a-276a-7; 40 U.S.C. 276c; and the laws listed
in appendix A of this part.
§§ 1.1, 1.6, 1.9 [Amended]
14. In 29 CFR Part 1 remove the words "Wage Appeals
Board" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 1.1(a);
(b) Section 1.6(e)(2);
(c) Section 1.9 in the section heading and in the text in
two places.
PART 2--GENERAL REGULATIONS
15. The authority citation for 29 CFR Part 2 is revised to
read as follows:
Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950,
15 FR 3174, 64 Stat. 1263; 5 U.S.C. 552-556; Section 2.3 also
issued under 31 U.S.C. 952.
16. Subpart A of Part 2 is amended by adding § 2.8 to
read as follows:
§ 2.8 Final agency decisions.
Final agency decision issued under the statutory authority of
the U.S. Department of Labor may be issued by the Secretary of
Labor, or by his or her designee under a written delegation of
authority. The Administrative Review Board, an organizational
entity within the Office of the Secretary, has been delegated
authority to issue final agency decisions under the statutes,
executive orders, and regulations as provided in Secretary's
Order 2-96, published on May 3, 1996.
§ 2.12 [Amended]
17. In 29 CFR Part 2 remove the words "Wage Appeals
Board" and add, in their place, the words
"Administrative Review Board" in the following place:
(a) Section 2.12(d).
PART 4--LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS
18. The authority citation for 29 CFR Part 4 continues to
read as follows:
Authority: 42 U.S.C. 351 et seq., 79 Stat. 1034, as
amended in 86 Stat. 789, 90 Stat. 2358; 41 U.S.C. 38 and 39; and
5 U.S.C. 301.
Secs. 4.1, 4.6, 4.11, 4.12, 4.55, 4.163, 4.187 [Amended]
19. In 29 CFR Part 4 remove the words "Board of Service
Contract Appeals" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 4.1b(a), in two places;
(b) Section 4.6(d)(2);
(c) Section 4.11(e), in two places;
(d) Section 4.12(d)(4)(iii);
(e) Section 4.12(f), in two places;
(f) Section 4.55(b), in two places;
(g) Section 4.163(c), in two places; and
(h) Section 4.187(a).
PART 5--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS
COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR
STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS
SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)
20. The authority citation for 29 CFR Part 5 continues to
read as follows:
Authority: 40 U.S.C. 276a-276a-7; 40 U.S.C. 276c; 40 U.S.C.
327-332; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 5
U.S.C. 301; and the statutes listed in section 5.1(a) of this
part.
Secs. 5.8, 5.11, 5.12 [Amended]
21. In 29 CFR Part 5 remove the words "Wage Appeals
Board" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 5.8(c);
(b) Section 5.11(c)(3);
(c) Section 5.11(d);
(d) Section 5.12(c);
(e) Section 5.12(d)(2)(iv)(C); and
(f) Section 5.12(d)(5), in two places.
§ 5.8 [Amended]
22. In 29 CFR Part 5 remove the words "Board of Service
Contract Appeals" and add, in their place, the words
"Administrative Review Board" in the following place:
(a) Section 5.8(c).
PART 6--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS
ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED
CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS
23. The authority citation for 29 CFR Part 6 continues to
read as follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035 as amended by
86 Stat. 789, 790, 41 U.S.C. 353 and 354; 5 U.S.C. 301; Reorg.
Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 46 Stat.
1494, as amended by 49 Stat. 1011, 78 Stat. 238, 40 U.S.C. 276a-
276a-7; 76 Stat. 357-359, 40 U.S.C. 327-332; 48 Stat. 948, as
amended by 63 Stat. 108, 72 Stat. 967, 40 U.S.C. 276c.
Secs. 6.18, 6.19, 6.20, 6.21, 6.56, 6.57 [Amended]
24. In 29 CFR Part 6 remove the words "Board of Service
Contract Appeals" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 6.18(b)(3);
(b) Section 6.19(b)(1);
(c) Section 6.20, in two places;
(d) Section 6.21 (a) and (b);
(e) Section 6.56; and
(f) Section 6.57.
Secs. 6.32, 6.33, 6.34, 6.35 [Amended]
25. In 29 CFR Part 6 remove the words "Wage Appeals
Board" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 6.32(b)(4);
(b) Section 6.33(b)(1);
(c) Section 6.34, in two places; and
(d) Section 6.35, in two places.
Secs. 6.8, 6.43, 6.44, 6.46 [Amended]
26. In 29 CFR Part 6 remove the words "Board of Service
Contract Appeals or Wage Appeals Board" and add, in their
place, the words "Administrative Review Board" in the
following places:
(a) Section 6.8;
(b) Section 6.43(b)(3);
(c) Section 6.44(b); and
(d) Section 6.46.
[61 Fed. Reg. 19985]
§ 6.45 [Amended]
27. In 29 CFR Part 6 remove the words "Board of Service
Contract Appeals" and "Wage Appeals Board" and
add, in their place, the words "Administrative Review
Board" in the following place:
(a) Section 6.45.
PART 7--PRACTICE BEFORE WAGE APPEALS BOARD
28. The authority citation for 29 CFR Part 7 continues to
read as follows:
Authority: Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5
U.S.C. 301, 3 CFR, 1949-1953 Comp., p. 1007; sec. 2, 48 Stat. 948
as amended; 40 U.S.C. 276c; secs. 104, 105, 76 Stat. 358, 359; 40
U.S.C. 330, 331; 65 Stat. 290; 36 FR 306, 8755.
29. The part heading for 29 CFR Part 7 is revised to read as
follows:
PART 7--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH
REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS
Secs. 7.1, 7.3, 7.5, 7.7, 7.8, 7.15, 7.16 [Amended]
30. In 29 CFR Part 7 remove the words "Wage Appeals
Board" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 7.1(a); and
(b) Section 7.3;
(c) Section 7.5(a)(2);
(d) Section 7.7;
(e) Section 7.8 in the section heading;
(f) Section 7.15(a); and
(g) Section 7.16(a).
§ 7.16 [Amended]
31. In 29 CFR Part 7 remove the words "Executive
Secretary" and add, in their place, the words
"Executive Director" in the following place:
(a) Section 7.16(a).
32. Section 7.1 is amended by revising paragraph (a) to read
as follows:
§ 7.1 Purpose and scope.
(a) This part contains the rules of practice of the
Administrative Review Board when it is exercising its
jurisdiction described in paragraph (b) of this section.
* * * * *
PART 8--PRACTICE BEFORE THE BOARD OF SERVICE CONTRACT
APPEALS
33. The authority citation for 29 CFR Part 8 continues to
read as follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035, as amended by
86 Stat. 789, 790, 41 U.S.C. 353, 354; 5 U.S.C. 301; Reorg. Plan
No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 76 Stat.
357-359, 40 U.S.C. 327-332.
34. The part heading for 29 CFR Part 8 is revised to read as
follows:
PART 8--PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH
REGARD TO FEDERAL SERVICE CONTRACTS
Secs. 8.1, 8.4, 8.6, 8.9, 8.10, 8.18 [Amended]
35. In 29 CFR Part 8 remove the words "Board of Service
Contract Appeals" and add, in their place, the words
"Administrative Review Board" in the following places:
(a) Section 8.1(a);
(b) Section 8.4(a)(2);
(c) Section 8.6 in the section heading;
(d) Section 8.9 in the section heading;
(e) Section 8.10(a); and
(f) Section 8.18.
§ 8.10 [Amended]
36. In 29 CFR Part 8 remove the words "Executive
Secretary" and add, in their place, the words
"Executive Director" in the following place:
(a) Section 8.10 (a).
§ 8.0 [Removed]
37. Section 8.0 is removed.
38. Section 8.1 is amended by revising paragraph (a) to read
as follows:
§ 8.1 Purpose and scope.
(a) This part contains the rules of practice of the
Administrative Review Board when it is exercising its
jurisdiction described in paragraph (b) of this section.
* * * * *
PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
39. The authority citation for 29 CFR Part 22 continues to
read as follows:
Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874,
31 U.S.C. 3801-3812.
40. Section 22.2 is amended by revising paragraph(c) to read
as follows:
§ 22.2 Definitions.
* * * * *
(c) Authority head means the Secretary of Labor or his
or her designee.
* * * * *
PART 24--PROCEDURES FOR THE HANDLING OF DISCRIMINATION
COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES
41. The authority citation for 29 CFR Part 24 is revised to
read as follows:
Authority: 42 U.S.C. 300j-9(i); 33 U.S.C. 1367; 15 U.S.C.
2622; 42 U.S.C. 6971; 42 U.S.C. 7622; 42 U.S.C. 5851; 42 U.S.C.
9610.
42. Section 24.1 is amended by revising paragraph (a) and by
adding paragraph (c) to read as follows:
§ 24.1 Purpose and scope.
(a) This part implements the several employee protection
provisions for which the Secretary of Labor has been given
responsibility pursuant to the following federal statutes: Safe
Drinking Water Act, 42 U.S.C. 300j-9(i); Federal Water Pollution
Control Act, 33 U.S.C. 1367; Toxic Substances Control Act, 15
U.S.C. 2622; Solid Waste Disposal Act, 42 U.S.C. 6971; Clean Air
Act, 42 U.S.C. 7622; Energy Reorganization Act of 1974, 42 U.S.C.
5851; Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. 9610.
* * * * *
(c) Throughout this part, "Secretary" or
"Secretary of Labor" shall mean the Secretary of Labor,
U.S. Department of Labor, or his or her designee.
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN
PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL
FINANCIAL ASSISTANCE
Subpart A--General Provisions
43. The authority for 29 CFR Part 32 continues to read as
follows:
Authority: § 504, Rehabilitation Act of 1973, Pub. L.
93-112, 87 Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation
Act Amendments of 1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C.
706); secs. 119 and 122 of the Rehabilitation Comprehensive
Services and Developmental Disabilities Amendments of 1978, Pub.
L. 95-602, 92 Stat. 2955; Executive Order 11914; 41 FR 17871.
44. Section 32.3 is amended by revising the term for
Secretary to read as follows:
§ 32.3 Definitions.
As used in this part, the term:
* * * * *
Secretary means the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
* * * * *
PART 96--AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER
AGREEMENTS
45. The authority citation for 29 CFR Part 96 continues to
read:
Authority: 31 U.S.C. 7500 et seq.; OMB Circular No.
A-128; OMB Circular No. A-110; and OMB Circular No. A-133.
46. Section 96.603 is amended by revising paragraphs (b)(4)
and (b)(5) to read as follows:
§ 96.603 Grants.
* * * * *
(b) * * *
[61 Fed. Reg. 19986]
(4) Filing exceptions to decision. The decision of the
administrative law judge shall constitute final agency action by
the Secretary of Labor, unless within 21 days after receipt of
the decision of the administrative law judge, a party
dissatisfied with the decision or any part thereof has filed
exceptions with the Administrative Review Board, United States
Department of Labor, specifically identifying the procedures or
finding of fact, law, or policy with which the exception is
taken. Any exceptions not specifically urged shall be deemed to
have been waived. Thereafter, the decision of the administrative
law judge shall become the decision of the Secretary of Labor,
unless the Administrative Review Board, United States Department
of Labor, within 30 days of such filing, has notified the parties
that the case has been accepted for review.
(5) Review by the Administrative Review Board, United
States Department of Labor. Any case accepted for review by
the Administrative Review Board, United States Department of
Labor, shall be decided within 180 days of such acceptance. If
not so decided, the decision of the administrative law judge
shall become the final decision of the Secretary of Labor.
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
PART 504-- ATTESTATIONS BY FACILITIES USING NONIMMIGRANT
ALIENS AS REGISTERED NURSES
47. The authority citation for 29 CFR Part 504 continues to
read as follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m) and Pub. L.
101-238, sec. 3(c)(1), 103 Stat. 2099, 2103; and sec. 341 (a) and
(b), Pub. L. 103-182, 107 Stat. 2057.
§ 504.445 [Amended]
48. In 29 CFR Part 504 remove the words "Office of
Administrative Appeals, room S-4309" and add, in their
place, the words "Administrative Review Board" in the
following place:
(a) Section 504.445(f).
PART 507-- ENFORCEMENT OF H-1B LABOR CONDITION
APPLICATIONS
49. The authority citation for 29 CFR Part 507 continues to
read as follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184,
and 29 U.S.C. 49 et seq.; Pub. L. 102-232, 105 stat. 1733,
1748(8 U.S.C. 1182 note); and sec. 341 (a) and (b), Pub. L.
103-182, 107 Stat. 2057.
§ 507.845 [Amended]
50. In 29 CFR Part 507 remove the words "Office of
Administrative Appeals, room S-4309" and add, in their
place, the words "Administrative Review Board" in the
following place:
(a) Section 507.845(f).
PART 508--ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1
STUDENTS FOR OFF-CAMPUS WORK
Subpart K--Enforcement of the Attestation Process for
Attestations Filed by Employers Utilizing F-1 Students in
Off-campus Work
51. The authority citation for 29 CFR Part 508 continues to
read as follows:
Authority: 29 U.S.C. 49 et seq.; and sec. 221(a), Pub.
L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).
§ 508.1045 [Amended]
52. In 29 CFR Part 508 remove the words "Office of
Administrative Appeals, room S-4309" and add, in their
place, the words "Administrative Review Board" in the
following place:
(a) Section 508.1045(f).
PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
Subpart A--Definitions
53. The authority citation for 29 CFR Part 530 continues to
read as follows:
Authority: § 11, 52 Stat. 1066 (29 U.S.C. 211) as
amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's
Order No. 6-84, 49 FR 32473, August 14, 1984; and Employment
Standards Order No. 85-01, June 5, 1985.
54. Section 530.1 is amended by adding paragraph (l) to read
as follows:
§ 530.1 Definitions.
* * * * *
(l) As used throughout this part the terms
"Secretary" or "Secretary of Labor" shall
mean the Secretary of Labor, U.S. Department of Labor, or his or
her designee.
PART 1978--RULES FOR IMPLEMENTING 49 U.S.C. 31105, THE
WHISTLEBLOWER PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE
ACT OF 1982 (STAA)
Subpart B--Rules of Procedure
55. The authority citation for 29 CFR Part 1978 is revised to
read as follows:
Authority: 29 U.S.C. 657(g)(2); 29 U.S.C. 660(c)(2); 49
U.S.C. 31101 and 31105; Secretary of Labor's Order No. 1-90, 55
FR 9033.
56. Section 1978.109 is amended by revising paragraphs (c)
(1), (2), (4) and (5) to read as follows:
§ 1978.109 Decision and orders.
* * * * *
(c) Final order. (1) Within 120 days after issuance of
the administrative law judge's decision and order, the
Administrative Review Board, United States Department of Labor,
shall issue a final decision and order based on the record and
the decision and order of the administrative law judge.
(2) The parties may file with the Administrative Review
Board, United States Department of Labor, briefs in support of or
in opposition to the administrative law judge's decision and
order within thirty days of the issuance of that decision unless
the Administrative Review Board, United States Department of
Labor, upon notice to the parties, establishes a different
briefing schedule.
* * * * *
(4) Where the Administrative Review Board, United States
Department of Labor, determines that the named party has not
violated the law, the final order shall deny the complaint.
(5) The final decision and order of the Administrative Review
Board, United States Department of Labor, shall be served upon
all parties to the proceeding.
57. Section 1978.110 is amended by revising paragraphs (b)
and (c) to read as follows:
§ 1978.110 Judicial review.
* * * * *
(b) A final order of the Administrative Review Board, United
States Department of Labor, shall not be subject to judicial
review in any criminal or other civil proceedings (49 U.S.C.
2305(d)(2)).
(c) The record of a case, including the record of proceedings
before the administrative law judge, shall be transmitted by the
Administrative Review Board, United States Department of Labor,
to the appropriate court pursuant to the rules of such court.
58. Section 1978.111 is amended by revising paragraphs (c)
and (d) (2) and (3) to read as follows:
§ 1978.111 Withdrawal of section 405 complaints,
objections, and findings; settlement
* * * * *
(c) At any time before the findings or order become final, a
party may withdraw his objections to the findings or order by
filing a written withdrawal with the administrative law judge or,
if the case is on review, with the Administrative Review Board,
United States Department of Labor. The judge or the
Administrative Review Board, United States Department of Labor,
as the case may be, shall affirm any portion
[61 Fed. Reg. 19987]
of the findings or preliminary order with respect to which the
objection was withdrawn.
* * * * *
(d) * * *
(2) Adjudicatory settlement. At any time after the
filing of objections to the Assistant Secretary's findings and/or
order, the case may be settled if the participating parties agree
to a settlement and such settlement is approved by the
Administrative Review Board, United States Department of Labor,
or the ALJ. A copy of the settlement shall be filed with the ALJ
or the Administrative Review Board, United States Department of
Labor as the case may be.
(3) If, under paragraph (d) (1) or (2) of this section the
named person makes an offer to settle the case which the
Assistant Secretary, when acting as the prosecuting party, deems
to be a fair and equitable settlement of all matters at issue and
the complainant refuses to accept the offer, the Assistant
Secretary may decline to assume the role of prosecuting party as
set forth in § 1978.107(a). In such circumstances, the
Assistant Secretary shall immediately notify the complainant that
his review of the settlement offer may cause the Assistant
Secretary to decline the role of prosecuting party. After the
Assistant Secretary has reviewed the offer and when he or she has
decided to decline the role of prosecuting party, the Assistant
Secretary shall immediately notify all parties of his or her
decision in writing and, if the case is before the administrative
law judge, or the Administrative Review Board, United States
Department of Labor on review, a copy of the notice shall be sent
to the appropriate official. Upon receipt of the Assistant
Secretary's notice, the parties shall assume the roles set forth
in § 1978.107(b).
TITLE 41
PART 50-203--RULES OF PRACTICE
Subpart A--Proceedings Under Section 5 of the Walsh-Healey Public
Contracts Act
59. The authority for 41 CFR Part 50-203 continues to read as
follows:
Authority: § 4, 49 Stat. 2038; 41 U.S.C. 38.
60. § 50-203.1 is amended by revising paragraph (b) to
read as follows:
§ 50-203.1 Reports of breach or violation.
* * * * *
(b) A report of breach or violation may be reported to the
nearest office of the Wage and Hour Division, Employment
Standards Administration or with the Administrator, Wage and Hour
Division, Employment Standards Administration, 200 Constitution
Avenue, NW., Washington, D.C. 20210.
* * * * *
§ 50-203.1 [Amended]
61. In § 50-203.1(d) remove the words "a Regional
Director of the Wage and Hour Public Contracts Divisions"
and add, in their place, "the Wage and Hour Division".
§ 50-203.2 [Amended]
62. In § 50-203.2 remove the word "Deputy".
Secs. 50-203.3; 50-203.8 [Amended]
63. In 41 CFR Part 50-203 remove the words "the
Examiner" and add, in their place, the words "the
administrative law judge" in the following places:
(a) Section 50-203.3(a); and
(b) Section 50-203.8(j).
§ 50-203.6 [Amended]
64. Section 50-203.6(b) is amended by removing the following
language from its first sentence: "(or the Administrator
holding the hearing as provided in § 50-203(m))".
§ 50-203.11 [Amended]
65. In § 50-203.11(a) remove the words
"Admininstrator of Workplace Standards" and add, in
their place, the words "Administrative Review Board".
66. In § 50-203.11 remove the word
"Administrator" and add, in its place, the words
"Administrative Review Board" in the following places:
(a) Section 50-203.11(d), in three places; and
(b) Section 50-203.11(e).
67. Section 50-203.11 is amended by revising paragraph (f),
and by removing paragraphs (g) and (h) to read as follows:
§ 50-203.11 Review.
* * * * *
(f) If the respondent is found to have violated the Act, the
Administrative Review Board shall determine whether respondent
shall be relieved from the application of the ineligible list
provisions of section 3 of the Walsh-Healey Public Contracts Act
(sec. 4, 49 Stat. 2039; 41 U.S.C. 37).
Secs. 50-203.2-50.203.11 [Amended]
68. In 41 CFR Part 50-203 remove the words "Trial
Examiner" and add, in their place, the words
"administrative law judge" in the following places:
(a) Section 50-203.2, in two places;
(b) Section 50-203.3(d);
(c) Section 50-203.3(e);
(d) Section 50-203.4(a);
(e) Section 50-203.4(b);
(f) Section 50-203.5, in four places;
(g) Section 50-203.6(a);
(h) Section 50-203.6(b);
(i) Section 50-203.6(c);
(j) Section 50-203.7(a);
(k) Section 50-203.7(b);
(l) Section 50-203.8(b);
(m) Section 50-203.8(d);
(n) Section 50-203.8(e), in two places;
(o) Section 50-203.8(h);
(p) Section 50-203.8(j);
(q) Section 50-203.8(k), in two places;
(r) Section 50-203.8(l), in two places;
(s) Section 50-203.9(a), in two places;
(t) Section 50-203.10, in the heading;
(u) Section 50-203.10(a), in three places;
(v) Section 50-203.10(b), in two places;
(w) Section 50-203.11(a), in two places;
(x) Section 50-203.11(d), in two places; and
§ 50-203.11 [Amended]
68a. In 41 CFR Part 50-203 remove the words "Trial
Examiner's" and add, in their place, the words
"administrative law judge's" in the following places:
(a) Section 50-203.11(b);
(b) Section 50-203.11(e);
§ 50-203.8 [Amended]
69. In 41 CFR Part 50-203 remove the words "Trial
Examiners" and add, in their place, the words
"administrative law judges" in the following places:
(a) Section 50-203.8(b);
(b) Section 50-203.8(c);
70. In 41 CFR Part 50-203 remove the word
"examiners" and add, in its place, the words
"administrative law judges" in the following places:
(a) Section 50-203.8(b);
(b) Section 50-203.8(c);
71. Section 50-203.8 is amended by revising the first
sentence of paragraph (a) to read as follows:
§ 50-203.8 Hearing.
(a) The hearing for the purpose of taking evidence upon a
formal complaint shall be conducted by an administrative law
judge. * * *
§ 50-203.8 [Amended]
72. Section 50-203.8 is amended by removing paragraph (m).
§ 50-203.10 [Amended]
73. In § 50-203.10(a) remove the words "Secretary
of Labor" and add, in their place, "Administrative
Review Board".
§ 50-203.11 [Amended]
74. In § 50-203.11(a) remove the words
"Administrator of Workplace Standards" and add, in
their place, "Administrative Review Board".
[61 Fed. Reg. 19988]
75. Section 50-203.12 is revised to read as follows:
§ 50-203.12 Effective date.
The amendments to Subpart A shall become effective upon
publication in the Federal Register May 3, 1996; Provided,
however, That in any case where a hearing has begun or has been
completed prior to said publication, the proceeding shall be
conducted pursuant to the rules of practice in effect at the time
the proceeding was initiated unless the parties stipulate in
writing or orally for the record that the proceeding be conducted
in accordance with Secs. 50-203.1 to 50-203.12.
Secs. 50-203.17, 50-203.18, 50-203.20 [Amended]
76. In Part 50-203 remove the words "Presiding
Officer" and add, in their place, the words
"administrative law judge" in the following places:
(a) Section 50-203.17(d);
(b) Section 50-203.18(a);
(c) Section 50-203.18(c), in two places;
(d) Section 50-203.18(d); and
(e) Section 50-203.20, in two places;
Secs. 50-203.18, 50-203.21 [Amended]
77. In Part 50-203 remove the word "Secretary" and
add, in its place, the words "Administrative Review
Board" in the following places:
(a) Section 50-203.18(d), in two places;
(b) Section 50-203.21(b) introductory text; and
(c) Section 50-203.21(d);
78. Section 50-203.17 is amended by revising paragraph (a) to
read as follows:
§ 50-203.17 Hearings.
(a) Hearings held for the purpose of receiving evidence with
regard to prevailing minimum wages in the various industries
shall be conducted by an administrative law judge.
* * * * *
§ 50-203.19 [Amended]
79. In § 50-203.19 remove the words "Secretary or
the Hearing Examiner" and add, in their place,
"administrative law judge".
80. Section 50-203.21 is amended by revising paragraph (a) to
read as follows:
§ 50-203.21 Decisions.
(a) Within 30 days after the close of the hearing, each
interested person at the hearing may file with the administrative
law judge an original and four copies of a statement containing
proposed findings of fact and conclusions of law, together with
reasons for such proposals. The administrative law judge shall,
immediately following the termination of the thirty-day period
provided for the filing of proposed findings and conclusions,
certify the complete record to the Administrative Review Board.
* * * * *
§ 50-203.23 [Removed]
81. Section 50-203.23 is removed.
PART 60-1--OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS
82. The authority citation for 41 CFR Part 60-1 continues to
read as follows:
Authority: Sec 201, E.O. 11246 (30 FR 12319), as amended by
E.O. 12086.
83. Part 60-1.3 of Subpart A is amended by revising the
definition for "Secretary" to read as follows:
§ 60-1.3 Definitions.
* * * * *
Secretary means the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
* * * * *
84. Part 60-1.26 of Subpart B is amended by revising
paragraph (d) to read as follows:
§ 60-1.26 Enforcement proceedings.
* * * * *
(d) Decision following administrative proceeding. If
it is determined after a hearing (or after the contractor waives
a hearing) that the contractor is violating the order or the
regulations issued thereunder, the Administrative Review Board,
United States Department of Labor, (in accordance with 41 CFR
60-30.30) shall issue an Administrative order enjoining the
violations and requiring the contractor to provide whatever
remedies are appropriate, and imposing whatever sanctions are
appropriate, or any of the above. In any event, failure to comply
with the Administrative order shall result in the imposition of
the sanctions contained in section 209 (a)(5) or (a)(6) of the
Executive Order.
* * * * *
PART 60-30--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS
TO ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246
85. The authority citation for 41 CFR Part 60-30 is revised
to read as follows:
Authority: Executive Order 11246, as amended, 30 FR 12319, 32
FR 14303, as amended by E.O. 12086; 29 U.S.C. 793, as amended,
and 38 U.S.C. 4212, as amended.
86. Section 60-30.27 is revised to read as follows:
§ 60-30.27 Recommended decision.
Within a reasonable time after the filing of briefs, the
Administrative Law Judge shall recommend findings, conclusions,
and a decision. These recommendations shall be certified,
together with the record for recommended decision, to the
Administrative Review Board, United States Department of Labor,
for a final Administrative order. The recommended findings,
conclusions, and decision shall be served on all parties and
amici to the proceeding.
87. Section 60-30.28 is revised to read as follows:
§ 60-30.28 Exceptions to recommended decisions.
Within 14 days after receipt of the recommended findings,
conclusions, and decision, any party may submit exceptions to
said recommendation. These exceptions may be responded to by
other parties within 14 days of their receipt by said parties.
All exceptions and responses shall be filed with the
Administrative Review Board, United States Department of Labor.
Service of such briefs or exceptions and responses shall be made
simultaneously on all parties to the proceeding. Requests to the
Administrative Review Board, United States Department of Labor,
for additional time in which to file exceptions and responses
shall be in writing and copies shall be served simultaneously on
other parties. Requests for extensions must be received no later
than 3 days before the exceptions are due.
88. Section 60-30.29 is revised to read as follows:
§ 60-30.29 Record.
After expiration of the time for filing briefs and
exceptions, the Administrative Review Board, United States
Department of Labor, shall make a final decision, which shall be
the final Administrative order, on the basis of the record. The
record shall consist of the record for recommended decision, the
rulings and recommended decision of the Administrative Law Judge
and the exceptions and briefs filed subsequent to the
Administrative Law Judge's decision.
89. Section 60-30.30 is revised to read as follows:
§ 60-30.30 Final Administrative Order.
After expiration of the time for filing, the Administrative
Review Board, United States Department of Labor, shall make a
final Administrative order which shall be served on all parties.
If the Administrative Review Board, United States Department of
Labor,
[61 Fed. Reg. 19989]
concludes that the defendant has violated the Executive Order,
the equal opportunity clause, or the regulations, an
Administrative order shall be issued enjoining the violations,
and requiring the contractor to provide whatever remedies are
appropriate, and imposing whatever sanctions are appropriate, or
any of the above. In any event, failure to comply with the
Administrative order shall result in the immediate cancellation,
termination and suspension of the respondent's contracts and/or
debarment of the respondent from further contracts.
90. Section 60-30.35 is revised to read as follows:
§ 60-30.35 Recommended decision after hearing.
Within 15 days after the hearing is concluded, the
Administrative Law Judge shall recommend findings, conclusions,
and a decision. The Administrative Law Judge may permit the
parties to file written post-hearing briefs within this time
period, but the Administrative Law Judge's recommendations shall
not be delayed pending receipt of such briefs. These
recommendations shall be certified, together with the record, to
the Administrative Review Board, United States Department of
Labor, for a final Administrative order. The recommended decision
shall be served on all parties and amici to the proceeding.
91. Section 60-30.36 is revised to read as follows:
§ 60-30.36 Exceptions to recommendations.
Within 10 days after receipt of the recommended findings,
conclusions and decision, any party may submit exceptions to said
recommendations. Exceptions may be responded to by other parties
within 7 days after receipt by said parties of the exceptions.
All exceptions and responses shall be filed with the
Administrative Review Board, United States Department of Labor.
Briefs or exceptions and responses shall be served simultaneously
on all parties to the proceeding.
92. Section 60-30.37 is revised to read as follows:
§ 60-30.37 Final Administrative order.
After expiration of the time for filing exceptions, the
Administrative Review Board, United States Department of Labor,
shall issue a final Administrative order which shall be served on
all parties. Unless the Administrative Review Board, United
States Department of Labor, issues a final Administrative order
within 30 days after the expiration of the time for filing
exceptions, the Administrative Law Judge's recommended decision
shall become a final Administrative order which shall become
effective on the 31st day after expiration of the time for filing
exceptions. Except as to specific time periods required in this
subsection, 41 CFR 60-30.30 shall be applicable to this
subsection.
PART 60-250--AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS AND
SUBCONTRACTORS FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM
ERA
93. The authority citation for 41 CFR Part 60-250 continues
to read as follows:
Authority: 38 U.S.C. 4211 and 4212; 29 U.S.C. 793; Executive
Order 11758 (39 FR 2075, January 15, 1974; 3 CFR 1971-1975 Comp.
p. 841).
§ 60-250.29 [Amended]
94. Part 60-250 in Subpart B is amended by removing paragraph
(b)(3) in § 60-250.29.
PART 60-741--AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS AND
SUBCONTRACTORS FOR HANDICAPPED WORKERS
95. The authority citation for 41 CFR Part 60-741 continues
to read as follows:
Authority: § 503, Pub. L. 93-1112, 87 Stat. 393 (20
U.S.C. 793), as amended by sec. 111, Pub. L. 93-516, 88 Stat.
1619 (29 U.S.C. 706) and E.O. 11758.
§ 60-741.29 [Amended]
96. Part 60-741 in Subpart B is amended by removing paragraph
(b)(3) in § 60-741.29.
Signed at Washington, D.C. this 17th day of April 1996.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 96-9910 Filed 5-2-96; 8:45 am]
BILLING CODE 4510-23-P