, 64264-64282 [X09-141207]

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64264-64282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X09-141207]


[[Page 64264]]




DEPARTMENT OF LABOR (DOL)



Statement of Regulatory and Deregulatory Priorities
Executive Summary
The Department of Labor's (DOL) mission is to protect workers by 
improving working conditions, advancing opportunities for employment, 
protecting retirement and health care benefits, helping employers find 
workers, and strengthening collective bargaining. Secretary of Labor 
Hilda L. Solis' vision is that the work of the Labor Department will 
ensure there are good jobs for everyone.
To achieve this broad vision, the Secretary has established a series of 
12 specific strategic outcomes, which span across all of the 
Department's agencies. These outcomes are:
 Increasing workers' incomes and narrowing wage and income 
            inequality.
 Securing safe and healthy workplaces, wages and overtime, 
            particularly in high-risk industries.
 Assuring skills and knowledge that prepare workers to succeed 
            in a knowledge-based economy, including in high-growth and 
            emerging industry sectors like ``green'' jobs.
 Breaking down barriers to fair and diverse work places so that 
            every worker's contribution is respected.
 Improving health benefits and retirement security for all 
            workers.
 Providing work place flexibility for family and personal care-
            giving.
 Facilitating return to work for workers experiencing work 
            place injuries or illnesses who are able to work and 
            sufficient income and medical care for those who are unable 
            to work.
 Income support when work is impossible or unavailable.
 Helping workers who are in low-wage jobs or out of the labor 
            market find a path into middle class jobs.
 Ensuring workers have a voice in the work place.
 Assuring that global markets are governed by fair market rules 
            that protect vulnerable people, including women and 
            children, and provide workers a fair share of their 
            productivity and voice in their work lives.
 Helping middle-class families remain in the middle class.
Critical to this vision is ensuring these outcomes achieve good jobs 
for everyone. This includes vulnerable workers, workers in 
traditionally less safe industry sectors, farmworkers, health care 
workers and seniors, and those facing barriers to good employment.
The Secretary has directed each agency to ensure that all priority 
regulatory projects support achievement of one or more of the strategic 
outcomes that support the good jobs for everyone vision. The DOL Fall 
2009 Regulatory Plan reflects this direction.
Openness and Transparency
Using regulatory changes to produce greater openness and transparency 
is an integral part of a Department-wide compliance strategy. These 
efforts will not only enhance DOL agencies' enforcement tool set, but 
will encourage greater levels of compliance by the regulated community 
and enhance awareness among workers of their rights and benefits.
The Department's commitment to achieving greater openness and 
transparency is exemplified in its Regulatory Plan and Agenda. Several 
proposals from the Employee Benefits Security Administration expand 
disclosure requirements, substantially enhancing the availability of 
information to pension plan participants and beneficiaries and 
employers, and strengthening the retirement security of America's 
workers. These rulemakings are:
 Fiduciary Requirements for Disclosure in Participant-Directed 
            Individual Account Plans, which would increase transparency 
            between individual account pension plans and their 
            participants and beneficiaries by ensuring that 
            participants and beneficiaries are provided the information 
            they need, including information about fees and expenses, 
            to make informed investment decisions.
 Amendment of Standards Applicable to General Statutory 
            Exemption for Services, which would require service 
            providers to disclose to plan fiduciaries services, fees, 
            compensation and conflicts of interest information.
 Annual Funding Notice for Defined Benefit Plans, which would 
            require defined benefit plan administrators to provide all 
            participants, beneficiaries and other parties with detailed 
            information regarding their plan's funding status.
 Periodic Pension Benefits Statements, which would require 
            pension plans to provide participants and certain 
            beneficiaries with periodic benefit statements.
 Multiemployer Plan Information Made Available on Request, 
            which would require pension plan administrators to provide 
            copies of financial and actuarial reports to participants 
            and beneficiaries, unions and contributing employers on 
            request.
Several other Labor Department agencies will also be proposing 
regulatory projects that will foster greater openness and transparency. 
These include:
 The Mine Safety and Health Administration's proposed 
            regulation on Notification of Legal Identity, which aims to 
            require mine operators to provide increased identification 
            information, would allow the agency to better target the 
            most egregious and persistent violators and deter future 
            violations.
 The Office of Labor-Management Standards' proposed regulations 
            on Notification of Employee Rights Under Federal Labor 
            Laws, which would implement Executive Order 13496 and 
            require all Government contracting agencies to include a 
            contract clause requiring contractors to inform workers of 
            their rights under Federal labor laws.
 The Wage and Hour Division's rulemaking, Records to be Kept by 
            Employers Under the Fair Labor Standards Act, which would 
            update decades old recordkeeping regulations in order to 
            enhance the transparency and disclosure to workers as to 
            how their wages are computed and to allow for new workplace 
            practices such as telework and flexiplace arrangements.
 The Occupational Safety and Health Administration's 
            modification of its Hazard Communication Standard, which 
            would adopt standardized labeling requirements and order of 
            information for safety data sheets.
 The Occupational Safety and Health Administration's 
            Occupational Injury and Illness Recording and Reporting 
            Requirements rule, which would propose the collection of 
            additional data to help employers and workers track 
            injuries at individual workplaces, improve the Nation's 
            occupational injury and illness information data, and 
            assist the agency in its enforcement of the safety and 
            health workplace requirements.

[[Page 64265]]

The Department's Regulatory Priorities
The Department of Labor's (DOL) 2009 Regulatory Plan highlights the 
most noteworthy and significant regulatory projects that will be 
undertaken by its regulatory agencies: the Employment Standards 
Administration (ESA), Mine Safety and Health Administration (MSHA), 
Occupational Safety and Health Administration (OSHA), Employee Benefits 
Security Administration (EBSA), and Employment and Training 
Administration (ETA). The initiatives and priorities in the regulatory 
plan represent those that are essential to the fulfillment of the 
Secretary's vision for the Department and America's workforce.
Employment and Training Administration
ETA is charged with assuring our Nation's workers have the skills and 
knowledge that will prepare them to succeed in a knowledge-based 
economy, including high-growth and emerging industry sectors such as 
``green jobs.'' For those workers who are in low-wage jobs or out of 
the labor market, ETA programs will help them find a path to self-
sufficiency and good, middle class jobs. And for those who are unable 
to work, or for whom work is unavailable, ETA programs provide income 
support and a path to self-sufficiency. ETA is playing a pivotal role 
in the implementation of the American Recovery and Reinvestment Act of 
2009 (Recovery Act) to jumpstart our economy, create or save millions 
of jobs, and make a down payment on addressing long-neglected 
challenges so our country can thrive. Through these efforts and others, 
ETA is transforming the way it provides services to all workers.
ETA is highlighting four regulatory priorities that reflect the 
Secretary's vision to advance good jobs for everyone with measurable 
and substantial outcomes. These are:
 The Trade Adjustment Assistance (TAA) for Workers Program 
            Regulations propose to implement changes to the TAA program 
            that arose when the program was re-authorized and expanded 
            in the Recovery Act. The Recovery Act amended the 
            certification criteria, expanded the types of workers who 
            may be certified, and expanded the available program 
            benefits. The TAA regulations will help provide 
            opportunities for participants to acquire skills and 
            knowledge needed to become, or remain, employable in the 
            middle-class jobs market. The TAA regulations will also 
            help provide guidance on supplying participants with income 
            support for times when work is impossible or unavailable. 
            The overarching outcomes for the completion of the TAA 
            regulations are to help middle-class families remain middle 
            class and help workers who are out of the labor market find 
            a path into the middle class.
 The Trade Adjustment Assistance: Merit Staffing of State 
            Administration and Allocation of Training Funds to States 
            Regulation proposes that personnel carrying out the worker 
            adjustment assistance provisions of the TAA program must be 
            State employees covered by the merit system of personnel 
            administration and addresses how the Department distributes 
            TAA training funds to the States. It will be finalized 
            after the public comments on the regulation have been 
            analyzed and considered. The Allocation of Training Funds 
            portion of this regulation explains, for the first time, 
            the new formula that the Department uses to allocate 
            training funds to the States.
 The Temporary Agricultural Employment of H-2A Aliens in the 
            United States regulatory revisions set forth the 
            requirements for using temporary foreign agricultural 
            workers and establish wages and working conditions to cover 
            both U.S. and foreign agricultural workers. The H-2A 
            program assists in achieving the Secretary's goal to 
            increase workers' incomes and narrow wage and income 
            inequality by protecting the wages and working conditions 
            of both American workers and foreign nationals working in 
            the United States.
 The YouthBuild Program regulation proposes to implement the 
            YouthBuild Transfer Act of 2006, which transferred the 
            YouthBuild program from the Department of Housing and Urban 
            Development to DOL, and amended certain program features to 
            emphasize skill training and connections to the public 
            workforce system. The YouthBuild regulations will help 
            achieve the Secretary's goals by assuring participants gain 
            the skills and knowledge that will prepare them to succeed 
            in a knowledge-based economy, including in high-growth and 
            emerging industry sectors like ``green jobs.''
In addition, the proposed amendments to regulations for equal 
employment opportunity (EEO) in apprenticeship and training are a 
critical second phase of regulatory updates to modernize the National 
Apprenticeship System. The first phase was completed in October 2008 
with the publication of a final rule updating regulations for 
Apprenticeship Programs and Labor Standards for Registration. The 
existing companion EEO regulations for apprenticeship were promulgated 
over 30 years ago. Proposed amendments to these regulations will help 
achieve the Secretary's goal of a fair and diverse workplace free of 
discrimination and harassment by reflecting current EEO law.
Finally, the Department proposes amendments to the temporary non-
agricultural foreign worker (H-2B Worker) regulations. As part of its 
statutory responsibility as an advisor to the Department of Homeland 
Security, the Department certifies that there is not sufficient U.S. 
worker(s) able, available, willing and qualified at the time of an 
application for a visa, and that the employment of the alien will not 
adversely affect the wages and working conditions of similarly employed 
U.S. workers. The Department currently administers such certification 
through an attestation-based program. The regulatory review of the H-2B 
program will assist in achieving the Secretary's goal to increase 
workers' incomes and narrow wage and income inequality by protecting 
the wages and working conditions of both American workers and foreign 
nationals working in the United States.
Employee Benefits Security Administration
The Employee Benefits Security Administration is responsible for 
administering and enforcing the fiduciary, reporting and disclosure, 
and health coverage provisions of Title I of the Employee Retirement 
Income Security Act of 1974 (ERISA). This includes recent amendments 
and additions to ERISA enacted in the Pension Protection Act of 2006, 
as well as new COBRA Continuation Coverage Provisions under the 
Recovery Act. EBSA's regulatory plan initiatives are intended to 
improve health benefits and retirement security for workers in every 
type of job at every income level.
Health Benefits for Workers
EBSA will issue guidance implementing the Genetic Information 
Nondiscrimination Act of 2008 (GINA)

[[Page 64266]]

amendments to ERISA. Generally, GINA prohibits group health plans from 
discriminating in health coverage based on genetic information and from 
collecting genetic information. This rulemaking helps ensure that 
workers will have access to high quality health coverage, free from 
discrimination based on a genetic predisposition towards a disease. 
This is a joint rulemaking with the Departments of Health and Human 
Services and the Treasury.
EBSA also will be providing guidance regarding the Paul Wellstone and 
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 
(MHPAEA) amendments to ERISA. MHPAEA creates parity for mental health 
and substance use disorder benefits under group health plans by 
mandating that any financial requirements and treatment limitations 
applicable to mental health and substance abuse disorder benefits to be 
no more restrictive than predominant requirements or limitations 
applied to substantially all medical and surgical benefits covered by a 
plan. EBSA's MHPAEA guidance will help ensure the desired outcome of 
affording workers access to reliable and high quality health benefits.
EBSA also will issue guidance clarifying the circumstances under which 
health care arrangements established or maintained by state or local 
governments for the benefit of non-governmental employees do not 
constitute an employee welfare benefit plan for purposes of ERISA. Such 
clarification is intended to remove perceived impediments to state and 
local government efforts to improve access to and opportunities for 
quality and affordable health care coverage for vulnerable, uninsured 
populations. The clarifications provided by this regulation also will 
reduce uncertainty and, therefore, potential regulatory and litigation 
costs for both plan sponsors and state and local governments concerning 
the scope of ERISA regulation.
Retirement Security for Workers
EBSA will propose amendments to its regulations to clarify the 
circumstances under which a person will be considered a fiduciary when 
providing investment advice to employee benefit plans and their 
participants and beneficiaries of such plans. EBSA also will explore 
steps it can take by regulation, or otherwise, to encourage the 
offering of lifetime annuities or similar lifetime benefits 
distribution options for participants and beneficiaries of defined 
contribution plans. These initiatives are intended to assure retirement 
security for workers in all jobs regardless of income level by ensuring 
that financial advisers and similar persons are required to meet 
ERISA's strict standards of fiduciary responsibility and helping to 
ensure that participants and beneficiaries have the benefit of their 
plan savings throughout retirement.
Occupational Safety and Health Administration
The Secretary's vision for workers requires securing a safe and healthy 
workplace. OSHA's regulatory program is designed to help workers and 
employers identify hazards in the workplace, prevent the occurrence of 
injuries and adverse health effects, and communicate with the regulated 
community regarding hazards and how to effectively control them. 
Longstanding health hazards such as silica and beryllium and emerging 
hazards such as food flavorings containing diacetyl and airborne 
infectious diseases place American workers at risk of serious disease 
and death and are initiatives on OSHA's regulatory agenda. OSHA's 
regulatory program demonstrates a renewed commitment to worker health 
by addressing health hazards and the prevention of construction 
injuries and fatalities.
First, OSHA is proposing to address worker exposures to crystalline 
silica through the promulgation and enforcement of a comprehensive 
health standard. Exposure to silica causes silicosis, a debilitating 
respiratory disease, and may cause cancer, other chronic respiratory 
diseases, and renal and autoimmune disease as well. Over 2 million 
workers are exposed to crystalline silica in general industry, 
construction, and maritime industries and workers are often exposed to 
levels that exceed current OSHA permissible limits, which is frequent 
in the construction industry where workers are exposed at levels that 
exceed current limits by several fold. It has been estimated that 
between 3,500 and 7,000 new cases of silicosis arise each year in the 
U.S., and that 1,746 workers died of silicosis between 1996 and 2005.
Reducing these hazardous exposures through promulgation and enforcement 
of a comprehensive health standard supports both the Secretary's vision 
and will contribute to OSHA's goal of reducing occupational fatalities 
and illnesses. As a part of the Secretary's strategy for securing safe 
and healthy workplaces, the Mine Safety and Health Administration will 
also be undertaking regulatory action related to silica utilizing 
information provided by OSHA.
OSHA's second health initiative would revise its Hazard Communication 
Standard (HCS) to make it consistent with a globally harmonized 
approach to hazard communication. The HCS covers over 945,000 hazardous 
chemical products in seven million American workplaces and gives 
workers the ``right to know'' about chemical hazards they are exposed 
to. OSHA and other Federal agencies have participated in long-term 
international negotiations to develop the Globally Harmonized System of 
Classification and Labeling of Chemicals (GHS). Revising the HCS to be 
consistent with the GHS is expected to significantly improve the 
communication of hazards to workers in American workplaces, reducing 
exposures to hazardous chemicals, and reducing occupational illnesses 
and fatalities.
Workers in construction suffer the most fatalities of any industry. In 
2008, OSHA estimated that crane-related accidents in construction cause 
over 80 fatalities a year. Therefore, OSHA's major construction 
initiative is an update of the 1971 Cranes and Derricks Standards. 
Completion of this standard will contribute to a reduction in 
occupational injuries and fatalities, which helps achieve the 
Secretary's outcome goal of securing safe and healthy workplaces in 
high-risk industries. The Agency is currently evaluating the public 
comments and planning to issue a final rule in July 2010.
Mine Safety and Health Administration
MSHA's regulatory projects support the Secretary's vision by protecting 
the health and safety of the Nation's miners. Despite the agency's past 
efforts, miners face safety and health hazards daily at levels unknown 
in most other occupations. While the Federal Mine Safety and Health Act 
of 1977 (Mine Act) places primary responsibility for preventing unsafe 
and unhealthful working conditions in mines on the operators, the 
collective commitment of miners, mine operators, and government is 
needed to ensure safe workplaces.
The agency's proposed regulatory actions exemplify a commitment to 
protecting the most vulnerable populations while assuring broad-based 
compliance. Health hazards are pervasive in both coal and metal/
nonmetal mines (including

[[Page 64267]]

surface and underground mines) and large and small mines.
Recent data from the National Institute for Occupational Safety and 
Health indicate increased prevalence of coal workers pneumoconiosis 
(CWP) ``clusters'' in several geographical areas, particularly in the 
Southern Appalachian Region. MSHA plans to publish a notice of proposed 
rulemaking to address continued risk to coal miners from exposure to 
respirable coal mine dust.
On January 16, 2009, MSHA and NIOSH published a proposed rule that 
would revise requirements for the approval of coal mine personal dust 
sampling devices. The proposed rule would also establish performance-
based and other requirements for approval of the continuous personal 
dust monitor (CPDM) and revise requirements for the existing sampler. 
As a part of the agency's efforts in this area, MSHA plans to publish a 
Request for Information on the use of the CPDM to measure a miner's 
exposure to respirable coal mine dust. The CPDM represents advanced 
technology and the RFI will solicit information from the public to help 
the Agency determine how to best use the technology to assess coal 
miners' dust exposures. MSHA is also considering a rulemaking to 
address ways in which mine operators can improve protections in their 
dust control plans, emphasizing that the burden of compliance is on the 
mine operator, rather than relying exclusively on enforcement 
interventions.
These regulatory actions are a part of MSHA's Comprehensive Black Lung 
Reduction Strategy for reducing miners' exposure to respirable dust. 
This strategy includes enhanced enforcement, education and training, 
and health outreach and collaboration.
As a part of the Secretary's strategy for securing safe and healthy 
workplaces, both MSHA and OSHA will be undertaking regulatory action 
related to silica. Overexposure to crystalline silica can result in 
some miners developing silicosis, an irreversible but preventable lung 
disease which ultimately may be fatal. Both the coal mine and metal/
nonmetal formulas are designed to limit exposures to 0.1 mg/m\3\ (100 
[micro]g) of silica. MSHA plans to follow the recommendation of the 
Secretary of Labor's Advisory Committee on the Elimination of 
Pneumoconiosis Among Coal Mine Workers, NIOSH, and other industry 
groups by publishing a proposed rule to address the exposure limit for 
respirable crystalline silica. To assure consistency within the 
Department, MSHA intends to use OSHA's work on the health effects of 
occupational exposure to silica and OSHA's risk assessment, adapting it 
as necessary for the mining industry.
MSHA is placing an emphasis on routinely evaluating the success of 
existing enforcement and regulatory strategies and plans to issue an 
Advance Notice of Proposed Rulemaking (ANPRM) on dams in metal and 
nonmetal mines. Mining operations regularly find it necessary to 
construct dams to dispose of large volumes of mine waste from 
processing operations, or to provide water supply, sediment control, or 
water treatment. The failure of these structures can have a devastating 
effect on both the mine and nearby communities. MSHA evaluated its 
existing requirements for metal and nonmetal dams and has determined 
that the current standards do not provide sufficient guidance to 
determine what is needed to effectively design and construct dams with 
high or significant hazard potential. The ANPRM will solicit 
information on proper design, construction and other safety issues for 
impoundments at metal and nonmetal mines whose failure could cause loss 
of life or significant property damage.
Employment Standards Administration
ESA's Wage and Hour Division enforces several statutes that establish 
minimum labor standards and protect the Nation's workers, including the 
Fair Labor Standards Act (FLSA), the Migrant and Seasonal Agricultural 
Worker Protection Act, the Family and Medical Leave Act (FMLA), the 
Service Contract Act, the Davis-Bacon and Related Acts, the Employee 
Polygraph Protection Act, and certain provisions of the Immigration and 
Nationality Act. The regulatory initiatives required to implement these 
statutory workplace protections represent an important aspect of the 
Division's work and affect over 130 million workers across all sectors 
of the economy.
Updating the child labor regulations issued under the FLSA will help 
meet the challenge of ensuring good jobs for the Nation's working 
youth, by balancing their educational needs with job-related 
experiences that are safe, healthy, and fair. This will enhance young 
workers' opportunities to gain the skills to find and hold good jobs 
with the potential to increase their earnings over time.
The Wage and Hour Division will review the implementation of the new 
military family leave amendments to the Family and Medical Leave Act 
that were included in the National Defense Authorization Act for FY 
2008, as well as other provisions of the FMLA regulations that were 
revised and implemented in January 2009. This regulatory initiative 
assists in achieving the Secretary's goal of workplace flexibility for 
family and personal care-giving and, particularly through the job 
protection and the maintenance of health benefits provisions, helps 
middle-class families remain in the middle class.
The Wage and Hour Division also intends to initiate rulemaking to 
update the recordkeeping regulation issued under the Fair Labor 
Standards Act. Consistent with the Secretary's strategic vision, this 
proposal will foster more openness and transparency by demonstrating 
employers' compliance with minimum wage and overtime requirements to 
workers. In turn, this will better ensure compliance by regulated 
entities and assist the Department with its enforcement efforts.
ESA's Office of Federal Contract Compliance Programs (OFCCP) is charged 
with assuring that the door to opportunity is open to every American 
regardless of race, color, religion, sex, national origin, veteran 
status, or disability. OFCCP enforces Executive Order 11246, as 
amended, and selected provisions of the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974 (VEVRAA), and Section 503 of the 
Rehabilitation Act of 1973, as amended (Section 503). Regulations 
issued under the Executive Order and the two acts govern the 
nondiscrimination and affirmative action obligations for Federal 
contractors and subcontractors. OFCCP's enforcement of these statutory 
obligations contributes to achieving several of the Secretary's desired 
outcomes, including increasing workers' incomes and narrowing wage and 
income inequality, breaking down barriers to fair and diverse work 
places so that every worker's contribution is respected and helping 
workers who are in low-wage jobs or out of the labor market find a path 
into middle-class jobs.
OFCCP is highlighting three regulatory initiatives that reflect the 
Secretary's vision of good jobs for everyone. The Evaluation of 
Recruitment and Placement Results under Section 503 ANPRM will invite 
the public to provide input on how the Department can strengthen 
affirmative action requirements by requiring Federal contractors and 
subcontractors to conduct more substantive analyses and monitoring of 
their recruitment and

[[Page 64268]]

placement efforts targeted to individuals with disabilities.
The Evaluation of Recruitment and Placement Results under VEVRRA NPRM 
will propose to revise provisions in the regulations to strengthen 
compliance with affirmative action requirements, including the 
establishment of outreach, recruitment, and placement goals for the 
employment and advancement of covered veterans. This effort will help 
support the creation of good jobs for veterans, especially those 
returning from recent service in Iraq and Afghanistan. Through this 
initiative, OFCCP will help servicemen and women successfully 
transition into civilian life.
The Construction Contractor Affirmative Action Requirements proposed 
rule would revise the regulations implementing the affirmative action 
requirements of Executive Order 11246 that are applicable to federal 
and federally-assisted construction contractors. The initiative would 
update regulatory provisions that set forth the actions construction 
contractors are required to take to implement their affirmative action 
obligations.
ESA's Office of Labor-Management Standards (OLMS) administers and 
enforces most provisions of the Labor-Management Reporting and 
Disclosure Act of 1959 (LMRDA). The LMRDA requires unions, employers, 
labor-relations consultants, and others to file financial disclosure 
reports, which are publicly available. The LMRDA includes provisions 
protecting union member rights to participate in their union's 
governance, to run for office and fully exercise their union 
citizenship, as well as procedural safeguards to ensure free and fair 
union elections.
OLMS intends to publish a Request for Information regarding the use of 
Internet voting in union officer elections conducted under the LMRDA to 
better inform the agency in administering its obligation under the 
union democracy provisions of the Act to ensure that the voting right 
of each union member is protected. OLMS also will propose a regulatory 
initiative to better implement the public disclosure objectives of the 
LMRDA regarding employer-consultant agreements to persuade employees 
concerning their rights to organize and bargain collectively. Under 
LMRDA section 203 an employer must report any agreement or arrangement 
with a third party consultant to persuade employees as to their 
collective bargaining rights or to obtain certain information 
concerning the activities of employees or a labor organization in 
connection with a labor dispute involving the employer. The consultant, 
also, is required to report concerning such an agreement or arrangement 
with an employer. An exemption to these reporting requirements is set 
forth in LMRDA section 203(c), which provides, in part, that employers 
and consultants are not required to file a report by reason of the 
consultant's giving or agreeing to give ``advice'' to the employer. The 
Department believes that current policy concerning the scope of the 
``advice exemption'' is over-broad and that a narrower construction 
would better allow for the employer and consultant reporting intended 
by the LMRDA. Regulatory action is needed to provide workers with 
information critical to their effective participation in the workplace. 
When workers or union members have more information about what 
arrangements have been made by their employer to persuade them whether 
or not to join a union, this information helps them make more informed 
choices and acts to level the labor-management relations playing field. 
Both initiatives support the Secretary's vision of good jobs for 
everyone by advancing the goal to ensure that workers and union members 
have a voice in the workplace.
ESA's Office of Workers' Compensation Programs (OWCP) administers four 
major disability compensation programs that provide wage replacement 
benefits, medical treatment, vocational rehabilitation and other 
benefits (such as survivors benefits) to certain workers who experience 
work-related injury or occupational disease. The Federal Employees' 
Compensation Act (FECA) provides workers' compensation benefits to 
federal workers for employment related injuries and occupational 
diseases as well as survivor benefits for a covered employee's 
employment-related death. The Longshore and Harbor Workers' 
Compensation Act (LHWCA) provides vocational rehabilitation, medical 
benefits, and financial compensation to covered maritime workers who 
incurred occupational injuries or illnesses as a result of exposure to 
their employment. The LHWCA provides similar coverage for employees 
covered by the Defense Base Act (DBA).
These programs serve to advance the Secretary's vision of good jobs for 
everyone by securing the desired outcomes of facilitating return to 
work for workers experiencing workplace injuries or illnesses who are 
able to work and sufficient income and medical care for those who are 
unable to work; providing income support when work is impossible or 
unavailable; and providing compensation to eligible survivors after the 
death of a covered worker, thereby helping middle class families remain 
in the middle class.
OWCP plans to update its regulations governing administration of claims 
under the FECA. The regulations will be revised to reflect changes 
already in place since the regulations were comprehensively updated ten 
years ago and to incorporate new procedures that will enhance OWCP's 
ability to administer FECA. Among other benefits, changes to the 
regulations will facilitate the return to work of injured workers who 
are able to work, will enhance OWCP's ability to efficiently provide 
sufficient income and medical care for those who are unable to work, 
and will foster greater openness and transparency by better explaining 
the increased automation of the medical billing process.
In addition, OWCP will modernize the provision of compensation for 
employees situated overseas who are neither citizens nor residents of 
the United States to reflect current realities in regard to such 
employees. The regulations will also be revised to reflect a recent 
statutory change to the FECA moving the three-day waiting period before 
qualifying for wage-loss compensation for employees of the Postal 
Service. These revisions will increase the transparency of program 
operations and improve program implementation with efficiency providing 
better service in a more timely fashion.
OWCP plans to issue regulations under the LHWCA to clarify the 
application of the waiver provisions of the DBA, by explaining the DOL 
procedures for reviewing and granting a waiver. These rules will 
facilitate return to work for employees experiencing workplace injuries 
or illnesses who are able to work and sufficient income and medical 
care for those who are unable to work.

[[Page 64269]]

_______________________________________________________________________



DOL--Employment Standards Administration (ESA)

                              -----------

                          PROPOSED RULE STAGE

                              -----------




92.  THE FAMILY AND MEDICAL LEAVE ACT OF 1993, AS AMENDED

Priority:


Economically Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


29 USC 2654


CFR Citation:


29 CFR 825


Legal Deadline:


None


Abstract:


The Department of Labor continues to review the implementation of the 
new military family leave amendments to the Family and Medical Leave 
Act included in the National Defense Authorization Act for FY 2008, and 
other revisions of the current regulations implemented in January 2009.


Statement of Need:


The FMLA requires covered employers to grant eligible employees up to 
12 workweeks of unpaid, job-protected leave a year for specified family 
and medical reasons, and to maintain group health benefits during the 
leave as if the employees continued to work instead of taking leave. 
When an eligible employee returns from FMLA leave, the employer must 
restore the employee to the same or an equivalent job with equivalent 
pay, benefits, and other conditions of employment. FMLA makes it 
unlawful for an employer to interfere with, restrain, or deny the 
exercise of any right provided by the FMLA. In addition, section 585(a) 
of the National Defense Authorization Act for FY 2008 (NDAA), Public 
Law 110-181, amended the FMLA effective January 28, 2008, to permit an 
eligible employee who is the ``spouse, son, daughter, parent, or next 
of kin of a covered servicemember'' to take up to a total of 26 
workweeks of leave during a single 12-month period to care for the 
covered servicemember, defined as ``a member of the Armed Forces, 
including a member of the National Guard or Reserves, who is undergoing 
medical treatment, recuperation, or therapy, is otherwise in outpatient 
status, or is otherwise on the temporary disability retired list, for a 
serious injury or illness.'' The NDAA amendment to FMLA also permits an 
eligible employee to take up to 12 workweeks of FMLA leave for ``any 
qualifying exigency (as the Secretary [of Labor] shall, by regulation, 
determine) arising out of the fact that the spouse, or a son, daughter, 
or parent of the employee is on active duty (or has been notified of an 
impending call or order to active duty) in the Armed Forces in support 
of a contingency operation.'' Regulations implementing these amendments 
were published November 17, 2008, and took effect January 16, 2009 (73 
FR 67934). The Department is reviewing the implementation of these new 
military family leave amendments and other revisions of the current 
regulations.


Summary of Legal Basis:


These regulations are authorized by section 404 of the Family and 
Medical Leave Act, 29 U.S.C. 2654.


Alternatives:


After completing a review of the implementation of the new military 
family leave amendments and other revisions of the regulations 
implemented in January 2009, regulatory alternatives will be developed 
for notice-and-comment rulemaking.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated costs and benefits of this 
initiative will be determined once regulatory alternatives are 
developed.


Risks:


This rulemaking action does not directly affect risks to public health, 
safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Local, State, Tribal


Federalism:


 Undetermined


Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and 
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB76
_______________________________________________________________________



DOL--ESA



93.  RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR 
STANDARDS ACT

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


29 USC 211(c)


CFR Citation:


29 CFR 516


Legal Deadline:


None


Abstract:


The Department of Labor proposes to update the recordkeeping 
regulations under the Fair Labor Standards Act in order to enhance the 
transparency and disclosure to workers of how their pay is computed, 
and to modernize other recordkeeping requirements for employees under 
``telework'' and ``flexiplace'' arrangements.


Statement of Need:


The recordkeeping regulation issued under the Fair Labor Standards Act 
(FLSA), 29 CFR part 516, specifies the scope and manner of records 
covered employers must keep that demonstrate compliance with minimum 
wage, overtime, and child labor requirements under the FLSA, or the 
records to be kept that confirm particular exemptions from some of the 
Act's requirements may apply. This proposal intends to update the 
recordkeeping requirements to foster more openness and transparency in 
demonstrating employers' compliance with applicable requirements to 
their workers, to better ensure compliance by regulated entities and to 
assist in enforcement. In addition, the proposal intends to modernize 
the requirements, consistent with the increasing emphasis on flexi-
place and telecommuting, to allow for

[[Page 64270]]

automated or electronic recordkeeping systems instead of the mandatory 
manual preparation of ``homeworker'' handbooks currently required for 
all work that an employee may perform in the home.


Summary of Legal Basis:


These regulations are authorized by section 11 of the Fair Labor 
Standards Act, 29 U.S.C. 211.


Alternatives:


Alternatives will be developed in considering proposed revisions to the 
current recordkeeping requirements. The public will be invited to 
provide comments on the proposed revisions and possible alternatives.


Anticipated Cost and Benefits:


Preliminary estimates of anticipated costs and benefits of this 
regulatory initiative have not been determined at this time and will be 
determined at a later date as appropriate.


Risks:


This action does not affect public health, safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            08/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Local, State, Tribal


Federalism:


 Undetermined


Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and 
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB78
_______________________________________________________________________



DOL--ESA



94.  INTERPRETATION OF THE ``ADVICE'' EXEMPTION OF SECTION 
203(C) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


29 USC 433; 29 USC 438


CFR Citation:


29 CFR 405; 29 CFR 406


Legal Deadline:


None


Abstract:


The Department intends to publish notice and comment rulemaking seeking 
consideration of a revised interpretation of Section 203(c) of the 
Labor-Management Reporting and Disclosure Act (LMRDA). That statutory 
provision creates an ``advice'' exemption from reporting requirements 
that apply to employers and other persons in connection with persuading 
employees about the right to organize and bargain collectively. A 
proposed revised interpretation would narrow the scope of the advice 
exemption.


Statement of Need:


The Department of Labor is proposing a regulatory initiative to better 
implement the public disclosure objectives of the Labor-Management 
Reporting and Disclosure Act (LMRDA) regarding employer-consultant 
agreements to persuade employees concerning their rights to organize 
and bargain collectively. Under LMRDA section 203 an employer must 
report any agreement or arrangement with a third party consultant to 
persuade employees as to their collective bargaining rights or to 
obtain certain information concerning the activities of employees or a 
labor organization in connection with a labor dispute involving the 
employer. The consultant, also, is required to report concerning such 
an agreement or arrangement with an employer. Statutory exceptions to 
these reporting requirements are set forth in LMRDA section 203(c), 
which provides, in part, that employers and consultants are not 
required to file a report by reason of the consultant's giving or 
agreeing to give ``advice'' to the employer. The Department believes 
that its current policy concerning the scope of the ``advice 
exception'' is over-broad and that a narrower construction would better 
allow for the employer and consultant reporting intended by the LMRDA. 
Regulatory action is needed to provide workers with information 
critical to their effective participation in the workplace.


Summary of Legal Basis:


This proposed rulemaking is authorized under U.S.C. Sec. Sec.  433 and 
438 and applies to regulations at 29 CFR Part 405 and 29 CFR Part 406.


Alternatives:


Alternatives will be developed and considered in the course of notice 
and comment rulemaking.


Anticipated Cost and Benefits:


Anticipated costs and benefits of this proposed regulatory initiative 
have not been assessed and will be determined at a later date, as 
appropriate.


Risks:


This action does not affect public health, safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/00/10

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


None


URL For More Information:
www.olms.dol.gov

URL For Public Comments:
www.regulations.gov

Agency Contact:
Andrew R. Davis
Chief, Division of Interpretations and Standards, Office of Labor-
Management Standards
Department of Labor
Employment Standards Administration
200 Constitution Avenue NW.
FP Building
Room N-5609
Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: davis.andrew@dol.gov
RIN: 1215-AB79

[[Page 64271]]

_______________________________________________________________________



DOL--ESA

                              -----------

                            FINAL RULE STAGE

                              -----------




95. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION

Priority:


Other Significant


Legal Authority:


29 USC 203(l); 29 USC 212; 29 USC 213(c)


CFR Citation:


29 CFR 570


Legal Deadline:


None


Abstract:


The Department of Labor continues to review the Fair Labor Standards 
Act child labor provisions to ensure that the implementing regulations 
provide job opportunities for working youth that are healthy and safe 
and not detrimental to their education, as required by the statute (29 
U.S.C. sections 203(l), 212(c), 213(c), and 216(e)). This proposed rule 
will update the regulations to reflect statutory amendments enacted in 
2004, and will propose, among other updates, revisions to address 
several recommendations of the National Institute for Occupational 
Safety and Health (NIOSH) in its 2002 report to the Department of Labor 
on the child labor Hazardous Occupations Orders (HOs) (available at 
https://www.youthrules.dol.gov/resources.htm).


Statement of Need:


The Fair Labor Standards Act (FLSA) requires the Secretary of Labor to 
issue regulations on the employment of minors between 14 and 16 years 
of age, ensuring that the periods and conditions of their employment do 
not interfere with their schooling, health, or well-being, and to 
designate occupations that are particularly hazardous for minors 16 and 
17 years of age. Child Labor Regulation No. 3 sets forth the 
permissible industries and occupations in which 14- and 15-year-olds 
may be employed, specifies the number of hours in a day and in a week, 
and time periods within a day, that such minors may be employed. 
Updating the child labor regulations issued under the FLSA will help 

meet the challenge of ensuring good jobs that are safe, healthy, and 
fair for the Nation's working youth, while balancing their educational 
needs with job-related experiences that are safe. Updated child labor 
regulations that better address the safety needs of today's workplaces 
will ensure our young workers have permissible job opportunities that 
are safe, enhancing their opportunity to gain the skills to find and 
hold good jobs with the potential to increase their earnings over time. 
Ensuring safe and reasonable work hours for working youth will also 
ensure that top priority is given to their education, consistent with 
the purposes of the statute.


Summary of Legal Basis:


These regulations are issued pursuant to sections 3(1), 11, 12, and 13 
of the Fair Labor Standards Act, 29 U.S.C. 203(1), 211, 121, and 213.


Alternatives:


When developing regulatory alternatives in the analysis of 
recommendations of the National Institute for Occupational Safety and 
Health in its 2002 report to the Department on the child labor 
hazardous occupations orders and other proposals, the Department has 
focused on assuring healthy, safe, and fair workplaces for young 
workers that are not detrimental to their education, as required by the 
statute. Some of the regulatory alternatives were developed based on 
recent legislative amendments.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated costs and benefits of this 
rulemaking initiative indicated it was not economically significant. 
Benefits to the public, including employers and workers, will include 
safer working conditions and the avoidance of injuries and lost 
productivity involving young workers.


Risks:


The Department's child labor regulations, by ensuring that permissible 
job opportunities for working youth are safe and healthy and not 
detrimental to their education, produce positive benefits by reducing 
health-related and lost-productivity costs employers might otherwise 
incur from higher accident and injury rates to young and inexperienced 
workers. Because of the limited nature of the regulatory revisions 
contemplated under this initiative, a detailed assessment of the 
magnitude of risk was not prepared.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            04/17/07                    72 FR 19337
NPRM Comment Period End         07/16/07
Final Action                    04/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Small Entities Affected:


 Businesses, Governmental Jurisdictions


Government Levels Affected:


Local, State


Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and 
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB57
_______________________________________________________________________



DOL--Employment and Training Administration (ETA)

                              -----------

                          PROPOSED RULE STAGE

                              -----------




96. YOUTHBUILD PROGRAM REGULATION

Priority:


Other Significant


Legal Authority:


PL 109-281


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


The YouthBuild Transfer Act of 2006, Public Law 109-281, enacted on 
September 22, 2006, transfers oversight and administration of the 
YouthBuild program from the U.S. Department of Housing and Urban 
Development (HUD) to the U.S. Department of Labor (DOL). The YouthBuild 
program model targets are high school dropouts, adjudicated youth, 
youth aging out of foster care, and other at-risk youth populations. 
The program model

[[Page 64272]]


balances in-school learning, geared toward a high school diploma or 
GED, and construction skills training, geared toward a career placement 
for the youth. DOL intends to develop regulations in response to the 
legislation and to guide the program implementation and management.


Statement of Need:


The YouthBuild Transfer Act of 2006 (Transfer Act), PL 109-281, 
transfers the YouthBuild program from the HUD to the DOL. The transfer 
incorporates technical modifications and amends certain program 
features. The Employment and Training Administration is proposing new 
regulations which will govern its administration of the YouthBuild 
program.


The Transfer Act maintains all the goals of the YouthBuild program as 
originally developed under HUD, including supporting the development of 
affordable housing, but shifts the emphasis to skills training for 
youth participants. The Transfer Act makes the YouthBuild program 
consistent with the job training, education, and employment goals under 
the Workforce Investment Act, PL 105-220, as amended. This includes 
authorizing DOL to apply the common performance measures developed for 
Federal youth activities employment and training programs. The Transfer 
Act authorizes education and workforce investment, such as occupational 
skills training, internships, and job shadowing, as well as community 
service and peer-centered activities. In addition, the Transfer Act 
allows for greater coordination of the YouthBuild program with the 
workforce investment system, including local workforce investment 
boards, and One-Stop Career Centers, and their partner programs. These 
strengthened connections will enhance the job training and employment 
opportunities available to participating at-risk youth.


Summary of Legal Basis:


These regulations are authorized by Public Law 109-281, The YouthBuild 
Transfer Act of 2006, to implement changes to the amendments to 
subtitle D of Title I of the Workfoce Investment Act of 1998 as amended 
(WIA).


Alternatives:


The public will be afforded an opportunity to provide comments on the 
YouthBuild program changes when the Department publishes the NPRM in 
the Federal Register. A Final Rule will be issued after analysis and 
incorporation of public comments to the NPRM.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated costs of this regulatory 
action have not been determined at this time and will be determined at 
a later date.


Risks:


This action does not affect public health, safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            06/00/10

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


None


Agency Contact:
Grace A. Kilbane
Administrator, Office of Workforce Investment
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW.
FP Building, Room S-4231
Washington, DC 20210
Phone: 202 693-3980
Email: kilbane.grace@dol.gov
RIN: 1205-AB49
_______________________________________________________________________



DOL--ETA



97. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS PROGRAM; REGULATIONS

Priority:


Other Significant


Legal Authority:


19 USC 2320; Secretary's Order 3-2007, 72 FR 15907


CFR Citation:


20 CFR 617, 618, 665, 671; 29 CFR 90


Legal Deadline:


None


Abstract:


The Trade and Globalization Assistance Act of 2009 (Act), Div. B, Title 
I, Subtitle I of the American Recovery and Reinvestment Act of 2009, 
reauthorizes the Trade Adjustment Assistance for Workers program. More 
specifically, the law amends the criteria for certification of worker 
groups as eligible to apply for benefits and services and substantially 
expands those benefits and services. It also requires reports on the 
program's effectiveness. The Act amends section 248 of the Trade Act of 
1974 (19 U.S.C. 2320) and requires that the Secretary issue regulations 
to carry out these provisions.


Statement of Need:


The Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) 
is the portion of the American Recovery and Reinvestment Act of 2009 
(Recovery Act) (Pub. L. No. 111-5, Div. B, Title I, Subtitle I) that 
reauthorized and substantially amended the Trade Adjustment Assistance 
for Workers (TAA) program. Significant program changes enacted in the 
TGAAA include amending the certification criteria to expand the types 
of workers who may be certified and expanding the available program 
benefits. This proposed rule is important because it will update the 
program's regulations to be in concert with the notable program changes 
wrought by the TGAAA.


Summary of Legal Basis:


These regulations are authorized by sections 248 of the Trade Act (19 
U.S.C. 2320), as amended by the TGAAA.


Alternatives:


The public will be afforded an opportunity to provide comments on the 
proposed regulatory changes when the Department publishes the NPRM in 
the Federal Register. A final rule will be issued after analysis of, 
and response to, public comments.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated costs of this regulatory 
action have not been determined at this time and will be determined at 
a later date.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal

[[Page 64273]]

Agency Contact:
Erin Fitzgerald
Office of Trade Adjustment Assistance
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW.
Room C-5311, FP Building
Washingon, DC 20210
Phone: 202 693-3500
Fax: 202 693-3149
Email: fitzgerald.erin@dol.gov
RIN: 1205-AB57
_______________________________________________________________________



DOL--ETA



98.  EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP AND 
TRAINING, AMENDMENT OF REGULATIONS

Priority:


Other Significant


Legal Authority:


Sec. 1, 50 Stat. 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); 
Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (5 USC App. P. 534)


CFR Citation:


29 CFR 30 (Revision)


Legal Deadline:


None


Abstract:


Revisions to the equal opportunity regulatory framework for the 
National Apprenticeship Act are a critical element in the Department's 
vision to promote and expand registered apprenticeship opportunities in 
the 21st century while continuing to safeguard the welfare and safety 
of apprentices. In October 2008, the Agency issued a Final rule 
updating regulations for Apprenticeship Programs and Labor Standards 
for Registration. These regulations, codified at Title 29 Code of 
Federal Regulations (CFR) part 29, had not been updated since first 
promulgated in 1977. The companion regulations, 29 CFR part 30, Equal 
Employment Opportunity (EEO) in Apprenticeship and Training, have not 
been amended since first promulgated in 1978.


The Agency now proposes to update 29 CFR part 30 to ensure that the 
National Registered Apprenticeship System is consistent and in 
alignment with changes in Affirmative Action regulations and EEO laws 
and court cases that have occurred over the past three decades [e.g. 
Americans with Disabilities Act (ADA) and the Age Discrimination in 
Employment Act (ADEA)], and recent revisions to Title 29 CFR part 29. 
This second phase of regulatory updates will ensure that Registered 
Apprenticeship is positioned to continue to provide economic 
opportunity for millions of Americans while keeping pace with these new 
requirements.


Statement of Need:


Federal regulations for Equal Employment Opportunity (EEO) in 
Apprenticeship and Training have not been updated since first 
promulgated in 1978. Updates to these regulations are necessary to 
ensure that DOL regulatory requirements governing the National 
Registered Apprenticeship System are consistent with the current state 
of EEO law, including affirmative action, the passage of, for example, 
the Americans with Disabilities Act (ADA) and the Age Discrimination in 
Employment Act (ADEA), and recent revisions to Title 29 CFR part 29, 
regulations for Apprenticeship Programs and Labor Standards for 
Registration.


Summary of Legal Basis:


These regulations are authorized by the National Apprenticeship Act of 
1937 (29 U.S.C. 50) and the Copeland Act (40 U.S.C. 276c). These 
regulations will set forth policies and procedures to promote equality 
of opportunity in apprenticeship programs registered with the U.S. 
Department of Labor or in State Apprenticeship Agencies recognized by 
the U.S. Department of Labor.


Alternatives:


The public will be afforded an opportunity to provide comments on the 
proposed amendment to Apprenticeship EEO regulations when the 
Department publishes a Notice of Proposed Rulemaking (NPRM) in the 
Federal Register. A Final Rule will be issued after analysis and 
incorporation of public comments to the NRPM.


Anticipated Cost and Benefits:


Preliminary estimates of anticipated costs and benefits of this 
regulatory action have not been determined at this time. The Department 
will explore options for conducting a cost-benefit analysis for this 
regulatory action, if necessary.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            01/00/11

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, State, Tribal


Federalism:


 This action may have federalism implications as defined in EO 13132.


Agency Contact:
John V. Ladd
Office of Apprenticeship
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW
Room N5311
FP Building
Washington, DC 20210
Phone: 202 693-2796
Fax: 202 693-3799
Email: ladd.john@dol.gov
RIN: 1205-AB59
_______________________________________________________________________



DOL--ETA

                              -----------

                            FINAL RULE STAGE

                              -----------




99. TEMPORARY AGRICULTURAL EMPLOYMENT OF H-2A ALIENS IN THE UNITED 
STATES

Priority:


Other Significant


Legal Authority:


8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1188


CFR Citation:


20 CFR 655


Legal Deadline:


None


Abstract:


The Department of Labor (the Department of DOL) proposes to amend its 
regulations governing the certification of temporary employment of 
nonimmigrant workers in temporary or seasonal agricultural employment 
and the enforcement of the contractual obligations applicable to 
employers of such nonimmigrant workers. This Notice of Proposed 
Rulemaking would reexamine the process by which employers obtain a 
temporary labor certification from the Department for use in 
petitioning the Department of Homeland Security (DHS) to employ a 
nonimmigrant worker in H-2A status.


Statement of Need:


The Department has determined for a variety of reasons that a new

[[Page 64274]]

rulemaking effort is necessary for the H-2A program. The Department 
believes that the policy underpinnings of the 2008 Final Rule, e.g., 
streamlining the H-2A regulatory process to defer many determinations 
of program compliance until after an application has been fully 
adjudicated, do not provide an adequate level of protection for either 
U.S. or foreign workers.


In addition, the Department's experience under the program since 
January 2009 demonstrates that the policy goals of the 2008 Final Rule 
have not been met. One of the clear goals of the 2008 Final Rule was to 
increase the use of the H-2A program and to make the program easier and 
more affordable to use for the average employer. However, applications 
have actually decreased since the implementation of the new program. 
Not only has usage not increased under the program revisions, there has 
actually been a reversal of an existing multi-year trend toward 
increased program use. While factors other than the regulatory changes 
may play a role in this decrease, the Department can not justify the 
significant decrease in worker protections if the prior rules' goal of 
increasing program use is not being a