[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Notices]
[Page 66426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19175]



[[Page 66425]]

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Part III





Department of Labor





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 Delegation of Authority and Assignment of Responsibilities for Mine 
Safety and Health Programs; Notice

  Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / 
Notices  

[[Page 66426]]


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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 17-2006]


Delegation of Authority and Assignment of Responsibilities for 
Mine Safety and Health Programs

    1. Purpose. To update the delegation of authority and assignment of 
responsibilities for the administration and enforcement of mine safety 
and health programs.
    2. Authority. This Order is reissued pursuant to the following: Act 
of March 4, 1913, as amended, establishing the Department of Labor 
(DOL) (29 U.S.C. 551 et seq.); Act of August 12, 1958, as amended, 
setting forth the Secretary of Labor's authority to prescribe 
regulations (5 U.S.C. 301); Act of August 2, 1946, as amended, setting 
forth the power of an agency head to delegate authority (5 U.S.C. 302); 
and The Federal Mine Safety and Health Act of 1977 (Mine Act) (30 
U.S.C. 801 et seq.), as amended and supplemented by The Mine 
Improvement and New Emergency Response Act of 2006 (MINER Act) (Pub. L. 
109-236).
    3. Directives Affected. Secretary's Order 04-1995 is canceled.
    4. Background. The Mine Act provides authority and assigns 
responsibilities for mine safety and health to the Secretary and, 
except as specifically provided otherwise, authorizes and directs the 
Secretary to carry out functions under the Mine Act through the Mine 
Safety and Health Administration. The MINER Act, enacted on June 15, 
2006, amended and supplemented the Mine Act for the purpose of further 
improving the safety of mines and mining.
    5. Delegation of Authority and Assignment of Responsibility.
    A. The Assistant Secretary for Mine Safety and Health is delegated 
authority and assigned responsibility for:
    (1) Developing and administering all aspects of DOL's mine safety 
and health programs and activities under:
    a. The Mine Act (except Title IV of such Act), including its 
amendments under the MINER Act.
    b. The provisions of the MINER Act not otherwise codified in the 
Mine Act.
    c. All other Federal statutes, Executive Orders, and regulations 
respecting mine safety and health for which the Secretary of Labor has 
responsibility.
    (2) Performing after mine accidents and disasters Family Liaison 
responsibilities under Section 7 of the MINER Act by dispatching 
trained personnel to carry out temporary assignments as:
    a. Liaison and Primary Communicator of information with the 
families of victims;
    b. Primary Communicator with mine operators; and
    c. Primary Communicator with the press and the public, consistent 
with Section 7 of the MINER Act, Secretary's Order 08-2006 and 
protocols developed by the Assistant Secretary for Public Affairs in 
consultation with the Assistant Secretary for Mine Safety and Health.
    (3) Coordinating with other agencies having responsibilities 
affecting mine safety and health.
    B. The Assistant Secretary for Public Affairs is responsible for 
establishing protocols in consultation with the Assistant Secretary for 
Mine Safety and Health to provide direction to the Primary Communicator 
in communicating with the press and the public.
    C. The Chief Human Capital Officer is responsible for assisting, as 
needed and in accordance with 5 U.S.C. 1401(1), the Assistant Secretary 
for Mine Safety and Health in establishing qualifications and training 
requirements for MSHA personnel performing responsibilities under 
Section 7 of the MINER Act.
    D. The Solicitor of Labor is responsible for providing legal advice 
and assistance to the Secretary, the Assistant Secretary for Mine 
Safety and Health, and to all other officers and employees of the 
Department relating to implementation and administration of all aspects 
of this Order. The Solicitor of Labor is also responsible for 
determining in each instance whether legal proceedings relating to mine 
safety and health issues and legal actions on behalf of, and 
representing the Secretary in civil proceedings, are appropriate.
    6. Reservation of Authority. The following functions are reserved 
to the Secretary:
    A. The submission of reports and recommendations to the President 
and the Congress concerning the administration of the Mine Act.
    B. The authority under section 3(h) of the Mine Act to consider 
convenience of administration in determining what constitutes mineral 
milling.
    7. Redelegation of Authority. The authorities delegated in this 
Order may be redelegated.
    8. Effective Date. This Order is effective immediately.

    Dated: November 1, 2006.
Elaine L. Chao,
Secretary of Labor.
 [FR Doc. E6-19175 Filed 11-13-06; 8:45 am]
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