Department of Labor April 2005 – Federal Register Recent Federal Regulation Documents

Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-7359
Type: Notice
Date: 2005-04-15
Agency: Department of Labor, Employment Standards Administration; Wage and Hour Division, Employment Standards Administration
Submission for OMB Review; Comment Request
Document Number: 05-7493
Type: Notice
Date: 2005-04-14
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review; Comment Request
Document Number: 05-7492
Type: Notice
Date: 2005-04-14
Agency: Office of the Secretary, Department of Labor
Office of the Assistant Secretary for Administration and Management; Agency Information Collection Activities: Proposed collection; Comment request; Applicant Background Questionnaire
Document Number: 05-7490
Type: Notice
Date: 2005-04-14
Agency: Department of Labor
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance 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. Currently, the Department of Labor is soliciting comments concerning the proposed extension of the Applicant Background Questionnaire. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.
Petitions for Modification
Document Number: 05-7388
Type: Notice
Date: 2005-04-13
Agency: Department of Labor, Mine Safety and Health Administration
Workforce Investment Act; Native American Employment and Training Council
Document Number: 05-7383
Type: Notice
Date: 2005-04-13
Agency: Employment and Training Administration, Department of Labor
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended, and section 166(h)(4) of the Workforce Investment Act (WIA)[29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council as constituted under WIA. Time and Date: The meeting will begin at 10:30 a.m., Central Daylight Savings Time (CDT), on Wednesday, April 27, 2005, and continue until 12 p.m. (CDT) that day. The period from 3 p.m. to 5 p.m. (CDT) on April 27 will be reserved for participation and presentation by members of the public. The meeting will reconvene at 1 p.m. (CDT) on April 28, 2005, and adjourn at approximately 4:30 p.m. (CDT) on that day. Place: All sessions will be held at the Hyatt Regency Houston, 1200 Louisiana Street, Houston, Texas. Status: The meeting will be open to the public. Persons who need special accommodations should contact Ms. Athena Brown on (202) 693- 3737 by April 22, 2005. Matters to be Considered: The formal agenda will focus on the following topics: (1) Status Report of the UI Wage Study, (2) Implementation of 2000 Decennial Census data in the section 166 finding formula(s), (3) Council workgroup reports, (4) status of the Technical Assistance and Training Initiative, (5) Reauthorization of the WIA, (6) Economic DevelopmentA Presentation by a Top-10 American Indian Owned Business.
Workforce Investment Act: Revisions to the Workforce Investment Act Title I, Wagner Peyser Act and the Senior Community Service Employment Program Unified Planning Guidance; Notice
Document Number: 05-7175
Type: Notice
Date: 2005-04-12
Agency: Employment and Training Administration, Department of Labor
The purpose of this notice is to provide interested parties with the revisions to portions of the ``Workforce Investment Act: Final Unified Planning Guidance: Notice'' related to title I of the Workforce Investment Act of 1998, the Wagner Peyser Act and the Senior Community Service Employment Program (SCSEP) under title V of the Older Americans Act, for use by States. The Department is anticipating the reauthorization of the Workforce Investment Act (WIA) within the next two years. Therefore, the Employment and Training Administration (ETA) is requiring revisions to the Unified Plan related to WIA and Wagner- Peyser only for the first two years of the five-year planning cycle. For SCSEP, States have the option of submitting a two year plan as well. ``Options for programs funded by the U.S. Department of Education that are included in a State's Five-year Strategic Unified Plan also are discussed in this notice.'' The Unified Planning Guidance and Instructions provide a framework for the collaboration of Governors, Local Elected Officials, businesses and other partners to continue the development of workforce investment systems that address customer needs; deliver integrated, user-friendly services; and are accountable to the customers and the public.
Planning Guidance and Instructions for Submission of Two Years of the Strategic Five-Year State Plan for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act
Document Number: 05-7159
Type: Notice
Date: 2005-04-12
Agency: Employment and Training Administration, Department of Labor
The purpose of this notice is to provide interested parties with the planning guidance for use by States in submitting two years of their Strategic Five-Year State Plan for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act. The Planning Guidance and Instructions provide a framework for the collaboration of Governors, Local Elected Officials, businesses and other partners to continue the development of workforce investment systems that address customer needs, deliver integrated, user-friendly services; and are accountable to the customers and the public.
Solicitation for Grant Applications (SGA); Workforce Investment Act-Small Grassroots Organizations Connecting With the One-Stop Delivery System
Document Number: E5-1661
Type: Notice
Date: 2005-04-11
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration published a document in the Federal Register on March 25, 2005, concerning the availability of grant funds for eligible ``grassroots'' organizations with the ability to connect to the local One-Stop Delivery System. This correction is to provide additional clarification on eligibility information.
Solicitation for Grant Applications (SGA); Workforce Investment Act-Grants for Workforce Investment Boards
Document Number: E5-1659
Type: Notice
Date: 2005-04-11
Agency: Department of Labor, Employment and Training Administration
The Employment and Training Administration published a document in the Federal Register on March 28, 2005, concerning the availability of grant funds for eligible Workforce Investment Boards that has demonstrated successfully the ability to form working partnerships with grassroots faith-based community organizations. This correction is to provide additional clarification on eligibility information.
Proposed Collection; Comment Request
Document Number: 05-7158
Type: Notice
Date: 2005-04-11
Agency: Department of Labor, Bureau of Labor Statistics, Labor Statistics Bureau
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 reinstatement 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.
Procedures for the Handling of Discrimination Complaints Under Section 6 of the Pipeline Safety Improvement Act of 2002
Document Number: 05-6925
Type: Rule
Date: 2005-04-08
Agency: Department of Labor, Occupational Safety and Health Administration
This document provides the final text of regulations governing the employee protection (``whistleblower'') provisions of Section 6 of the Pipeline Safety Improvement Act of 2002 (``Pipeline Safety Act''), enacted into law December 17, 2002. This rule establishes procedures and time frames for the handling of discrimination complaints under the Pipeline Safety Act, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (``OSHA''), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (``ALJ'') for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (acting on behalf of the Secretary) and judicial review of the Secretary's final decision.
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-6727
Type: Notice
Date: 2005-04-08
Agency: Department of Labor, Employment Standards Administration; Wage and Hour Division, Employment Standards Administration
Submission for OMB Review: Comment Request
Document Number: 05-6923
Type: Notice
Date: 2005-04-07
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: 05-6922
Type: Notice
Date: 2005-04-07
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: 05-6921
Type: Notice
Date: 2005-04-07
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: 05-6918
Type: Notice
Date: 2005-04-07
Agency: Office of the Secretary, Department of Labor
Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations; PTE 86-128
Document Number: 05-6751
Type: Notice
Date: 2005-04-06
Agency: Employee Benefits Security Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). 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. Currently, the Employee Benefits Security Administration is soliciting comments concerning the proposed extension of a currently approved collection of information, Prohibited Transaction Class Exemption 86-128 for certain transactions involving employee benefit plans and securities broker-dealers. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addresses section of this notice.
Voluntary Fiduciary Correction Program Under the Employee Retirement Income Security Act of 1974
Document Number: 05-6627
Type: Notice
Date: 2005-04-06
Agency: Employee Benefits Security Administration, Department of Labor
This Notice contains an update, which amends and restates the Employee Benefits Security Administration's Voluntary Fiduciary Correction Program (the VFC Program or Program). The VFC Program permits certain persons to avoid potential civil actions and civil penalties under the Employee Retirement Income Security Act (ERISA) by voluntarily taking steps to correct violations that would ordinarily give rise to such actions and penalties. Based on its experience since adoption of the VFC Program in March 2002, the Employee Benefits Security Administration (EBSA) has identified certain changes that will both simplify and expand the original VFC Program, thereby making the Program easier for, and more useful to, employers and others who wish to avail themselves of the relief provided by the Program. EBSA is inviting comments from interested persons on the revisions to the VFC Program described in this document. At the same time, EBSA is making the simplified and expanded Program available immediately to those who wish to rely on the revisions in seeking VFC Program relief.
Proposed Amendment to Prohibited Transaction Exemption 2002-51 (PTE 2002-51) To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program
Document Number: 05-6626
Type: Notice
Date: 2005-04-06
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a notice of pendency before the Department of Labor (the Department) of a proposed amendment to PTE 2002-51 (67 FR 70623 November 25, 2002). PTE 2002-51 is a class exemption that provides relief from certain prohibited transaction restrictions imposed by section 4975 of the Internal Revenue Code (the Code) of 1986 for certain eligible transactions identified in the Department's Voluntary Fiduciary Correction (VFC) Program, which was adopted on March 28, 2002. This exemption is being proposed in conjunction with the Department's Amendment and Restatement of the VFC Program (revised VFC Program), which is being published simultaneously in this issue of the Federal Register. The VFC Program allows certain persons to avoid potential civil actions under the Employee Retirement Income Security Act of 1974 (ERISA) initiated by the Department and the assessment of civil penalties under section 502(l) of ERISA in connection with an investigation or civil action by the Department. If granted, the proposed amendment to PTE 2002-51 would affect plans, participants and beneficiaries of such plans and certain other persons engaging in such transactions.
Eaton; Everett, WA; Notice of Termination of Investigation
Document Number: E5-1530
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
Hydro Gate Acquisition Company, Inc.; Commerce City, CO; Notice of Termination of Investigation
Document Number: E5-1529
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
Ruskin Company; Clayton, OH; Notice of Termination of Investigation
Document Number: E5-1528
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
Intel Corporation, Hawthorn Farm 1, Hillsboro, OR; Notice of Termination of Investigation
Document Number: E5-1527
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
Glad Manufacturing; Cartersville, GA; Notice of Negative Determination Regarding Application for Reconsideration
Document Number: E5-1526
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
Appointments to the Advisory Committee on Apprenticeship (ACA)
Document Number: E5-1520
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration hereby announces the appointments of 31 members to fill vacancies on the Advisory Committee on Apprenticeship (ACA), an advisory board to the Secretary. The ACA, which is authorized by Section 2 of the National Apprenticeship Act (29 U.S.C. 50), complies with the requirements of the Federal Advisory Committee Act (5 U.S.C., App.). The Committee will be an effective instrument for providing assistance, advice, and counsel to the Secretary of Labor and the Assistant Secretary for the Employment and Training Administration in the development and implementation of administration policies and programs regarding apprenticeship. Members are appointed for one-year or two-year terms. Ten members represent labor, ten members represent employers, and eleven members represent the public. The National Association of State and Territorial Apprenticeship Directors and the National Association of Governmental Labor Officials will have representation within the public group of the Committee. The Secretary shall appoint one of the public members as Chairperson of the Advisory Committee. A representative of the U.S. Department of Education and a representative of the Department of Commerce will be invited to serve as non-voting ``ex-officio'' members of the Committee. The Assistant Secretary for Employment and Training shall be a member ex-officio. The Designated Federal Official for the ACA is Mr. Anthony Swoope, Administrator of the Office of Apprenticeship Training, Employer and Labor Services.
The Welfare to Work Partnership/Demand-Side Youth Offender Demonstration Project Grant, Phase II To Expand Partnership Implementation
Document Number: 05-6666
Type: Notice
Date: 2005-04-05
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration/Office of Policy Development and Research wishes to expand this demonstration project with The Welfare to Work Partnership. This project started two years ago in which The Welfare to Work Partnership also served as the sole- source grantee. During the Phase I two year period, The Welfare to Work Partnership was able to effectively partner with 271 employers in the cities of Chicago, Miami, New York and the District of Columbia and provide unsubsidized employment to ex-offenders and individuals at-risk of court or gang involvement. The Welfare to Work Partnership's ability to represent a broad network of employers across the nation will play an important role in the relationship/partnership building aspect of the Phase II demonstration project.
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: E5-1446
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
Electrolux Home Products Refrigeration, Division Greenville, MI; Notice of Termination of Investigation
Document Number: E5-1445
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
R.J. Reynolds Tobacco, Richmond, VA; Notice of Termination of Investigation
Document Number: E5-1444
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
Industrial Distribution Group, Oldham Site, West Jefferson, NC; Notice of Termination of Investigation
Document Number: E5-1443
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
Hamilton Sundstrand Grand Junction, CO; Notice of Termination of Investigation
Document Number: E5-1442
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
BASF Corporation, Agricultural Products, Beaumont, TX; Notice of Termination of Investigation
Document Number: E5-1441
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
GE Security Including Leased Workers From Express and Spherion Gladwater, TX; Notice of Termination of Investigation
Document Number: E5-1440
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
Aim Nationalease Old Fort, NC; Notice of Termination of Investigation
Document Number: E5-1439
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
CIGNA Healthcare Service Operations Chattanooga, TN; Dismissal of Application for Reconsideration
Document Number: E5-1438
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
Subpart A (“General Provisions”) and Subpart B (“Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment”) of 29 CFR Part 1915; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: 05-6487
Type: Notice
Date: 2005-04-01
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comment concerning its request for an extension of the information collection requirements contained in 29 CFR part 1915, subpart A (``General Provisions'') and subpart B (``Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment'').
Workforce Investment Act-Demonstration Grants; Solicitation for Grant Applications-Prisoner Re-Entry Initiative
Document Number: 05-6484
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
The President's Prisoner Re-entry Initiative seeks to strengthen urban communities characterized by large numbers of returning prisoners through an employment-centered program that incorporates mentoring, job training, and other comprehensive transitional services. This program, which involves several Federal agencies, is designed to reduce recidivism by helping inmates find work when they return to their communities, as part of an effort to build a life in the community for everyone. DOL will be awarding grants under this competition to faith-based and community organizations (FBCOs) to be the agencies carrying out this demonstration. The Department of Justice will subsequently award competitive grants to State agencies to provide pre-release services to prisoners who will be returning to the communities served by the DOL grants. The Department of Housing and Urban Development may in future years provide funds under this initiative for housing services and the Department of Health and Human Services is also assisting in the design and implementation of the initiative regarding substance abuse and mental health treatment. We hope to serve 6,250 released prisoners during the first year of this initiative with projects operating in 30 communities across the country. Each lead local agency awarded a DOL grant may choose to directly provide services to released prisoners; provide sub-grants to other FBCOs to provide these services; or use a mixed approach of providing some direct services themselves while using other FBCOs to also provide services. We expect that most lead local agencies will need to sub-grant some portion of their award to other FBCOs. If the lead local agency is using sub-grantees, it will be responsible for providing technical assistance and oversight to these other FBCOs. Lead local FBCOs applying for these grants will identify as part of their application the need in the community that they plan to serve; their proposed FBCO sub-grantees; their plan for serving released prisoners; and their partnerships with the criminal justice system, Workforce Investment Board, housing authority, and mental health and substance abuse treatment providers.
Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models, and Labor Attestation Requirements for Employers Using Nonimmigrants on H-1B1 Visas in Specialty Occupations; Filing Procedures
Document Number: 05-6454
Type: Proposed Rule
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) of the Department of Labor (the Department or DOL) is proposing to amend its regulations related to the H-1B and H-1B1 programs to generally require employers to use Web-based electronic filing of labor condition applications (LCAs). The H-1B program allows an employer in the United States to temporarily employ a foreign worker on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. For its part, the H-1B1 program allows a U.S. employer to temporarily employ on a nonimmigrant basis in a specialty occupation a foreign worker from a country with which the U.S. has reached trade or other agreements listed in the Immigration and Nationality Act (now Chile and Singapore). ETA anticipates that increasing e-filing of H-1B and H-1B1 labor condition applications, and reducing U.S. Mail and fax- based filings, will enhance the effectiveness of the H-1B and H-1B1 programs, reduce costs and delays, and will match a U.S. employer with a qualified H-1B or H-1B1 worker in a more timely fashion. This notice of proposed rulemaking (NPRM) also proposes technical and clarifying amendments to ETA's H-1B and H-1B1 regulations to correct terminology and addresses, update internal agency procedures, and clarify text. Among these amendments are provisions to reflect Congressional reinstatement of certain attestation obligations applicable to employers who are H-1B dependent or who have committed willful violations of H-1B requirements.
Investigations Regarding Certifications of Eligibility To Apply for Alternative Trade Adjustment Assistance
Document Number: 05-6411
Type: Notice
Date: 2005-04-01
Agency: Employment and Training Administration, Department of Labor
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-6240
Type: Notice
Date: 2005-04-01
Agency: Department of Labor, Employment Standards Administration; Wage and Hour Division, Employment Standards Administration
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