Department of Labor 2007 – Federal Register Recent Federal Regulation Documents

The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet October 11, 2007, in Washington, DC.

OSHA solicits comment concerning its proposal to extend OMB approval of the information collection requirements for handling of discrimination complaints under Federal Employee Protection Statutes contained in regulations at: 29 CFR Part 24, Procedures for the Handling of Discrimination Complaints under Federal Employee Protection Statutes; 29 CFR Part 1979, Procedures for Handling Discrimination Complaints Under Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; 29 CFR Part 1980, Procedures for Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes- Oxley Act 2002; and 29 CFR Part 1981 Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety and Improvement Act of 2002 (i.e., These Regulations). These regulations set forth procedures employees must use to file a complaint with OSHA alleging that their employer violated a Federal statute that prohibits retaliation against employees who engage in activities protected by the various employee protection statutes.

This document contains a proposed regulation that, upon adoption, would implement amendments to the Employee Retirement Income Security Act of 1974, as amended (ERISA or the Act), requiring the administrator of a multi-employer plan to provide copies of certain actuarial and financial information about the plan to participants and others upon request. The amendments, enacted by the Pension Protection Act of 2006, added subsection (k) to section 101 of ERISA. The proposed regulation would affect plan administrators, participants and beneficiaries of multi-employer plans, as well as employee representatives of such participants and employers that have an obligation to contribute to such plans.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the ``National Longitudinal Survey of Youth 1979.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed in the Addresses section of this notice.

This document contains an interim final rule that amends Interpretive Bulletin 95-1 to limit the application of the Bulletin to the selection of annuity providers for defined benefit plans. This interim final rule implements section 625 of the Pension Protection Act of 2006. Also appearing in today's Federal Register is a proposed regulation, entitled ``Selection of Annuity Providers for Individual Account Plans'', which, in the form of a safe harbor, provides guidance concerning the fiduciary considerations attendant to the selection of annuity providers and contracts for purposes of benefit distributions from individual account plans. The amendment to Interpretive Bulletin 95-1, as well as the proposed safe harbor for annuity selections, will affect plan sponsors and fiduciaries of individual account plans, and the participants and beneficiaries covered by such plans.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires the Office of Management and Budget (OMB) to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. Interested parties who disagree with an agency's initial judgment may challenge the inclusion or the omission of an activity on the list of activities within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. A notice of the first release of the Department of Labor's (DOL's) FY 2006 inventories was published by the OMB in the Federal Register on May 2, 2007. See 72 FR 24340-24341. As indicated in OMB's May 2007 notice, the FY 2006 inventory prepared by the DOL was released in connection with the first notice of public availability. However, following the initial release of its inventory, DOL made revisions to its inventory as a result of a challenge by the Nation Council of Field Labor Locals (NCFLL), available pursuant to this notice. The DOL Office of Competitive Sourcing has made available a summary of the revisions, as well as the complete original and revised FY 2006 inventories, through its Internet site at https://www.dol.gov/oasam/ programs/boc/comp-sourcing/index.htm. Additionally, the Office of Federal Procurement Policy within the OMB has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/omb/ procurement/fair-index.html. This User's Guide may help interested parties review DOL's FY 2006 inventories.

The Department of Labor is inviting comments on its draft document entitled ``Ergonomics for the Prevention of Musculoskeletal Disorders: Guidelines for Shipyards.'' The draft guidelines are available on OSHA's web page and through its publications office. Interested persons may submit written or electronic comments on the draft guidelines. The Agency may also hold a stakeholder meeting where the public is invited to express its views on the draft guidelines.

This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Manlifts (29 CFR 1910.68(e)).

The proposed rule would revise MSHA's existing standards for mine rescue teams for underground coal mines. It would strengthen training requirements and address composition, availability, and certification requirements for coal mine rescue teams. This proposed rule would implement the provisions of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act) to improve overall mine rescue service; improve mine emergency response time; improve mine rescue team effectiveness; and increase the quantity and quality of mine rescue team training.