, Article 15 Commanding officer’s non-judicial punishment Uniform Code of Military Justice, Article 92 Failure to obey order or regulation 5 USC 552 The Freedom of Information Act 5 USC 552a The Privacy Act 10 USC 1561a Civilian orders of protection: force and effect on military installations 119AR 190–45 • 30 March 2007 Case 1:15-cv-00031-CKK Document 20-4 Filed 06/19/17 Page 128 of 149 10 USC 2671 Military reservations and facilities: hunting, fishing, and trapping 15 USC 2605 Toxic Substance Control Act 16 USC 668 The Bald Eagle Protection Act 16 USC 703 The Migratory Bird Treaty Act 16 USC 718 The Migratory Bird Hunting Stamp Act 16 USC 3372 The Lacey Act 18 USC 13 Laws of states adopted for areas within Federal jurisdiction 18 USC 922 The Brady Handgun Violence Prevention Act 18 USC 1382 Entering military, naval, or Coast Guard property 18 USC 5032 Deliquency proceedings in district courts; transfer for criminal proceedings 28 USC 534 The Uniform Federal Crime Reporting Act 29 USC 655 Occupational Health and Safety Administration Asbestos Act 33 USC 1251 Water Pollution Control Act 42 USC 300f et seq Safe Drinking Water Act 42 USC 4321 National Environmental Policy Act 42 USC 6901 Hazardous Waste Control Act 42 USC 7401 Clean Air Act 42 USC 9601 Comprehensive Environmental Response, Compensation, and Liability Act 42 USC 10601 The Victim Rights and Restitution Act Section III Prescribed Forms Except where otherwise indicated below, the following forms are available as follows: DA Forms are available on the 120 AR 190–45 • 30 March 2007 Case 1:15-cv-00031-CKK Document 20-4 Filed 06/19/17 Page 129 of 149 APD Web site (http://www.apd.army.mil); DD Forms are available from the OSD Web site (http://www.dtic.mil/whs/ directives/infomgt/forms/formsprogram.htm). DA Form 2823 Sworn Statement (Prescribed in paras 7–10, 7–11.)

Congress knows how to require specific determinations when it wants to. E.g. 29 U.S.C. § 655(b)(5).18 To the extent these arguments question the sufficiency of the agency’s explanation, they are properly raised as arbitrary-and-capricious claims. See PI Mem.

Case 3:16-cv-02568-D Document 17 Filed 11/14/16 Page 7 of 32 PageID 91 Defendants’ Brief in Support of Their Motion to Dismiss - Page 2 of 26 II. Background A. OSHA Inspections of Employer Worksites Under the OSH Act The OSH Act authorizes the Secretary of Labor to promulgate workplace safety and health standards, 29 U.S.C. § 655(b), as well as other regulations “necessary or appropriate for the enforcement of [the Act].” 29 U.S.C. § 657(c)(1).