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

This notice announces funding amounts awarded to Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, and Native Hawaiian organizations for the purpose of providing employment and training services to Indian, Alaska Native and Native Hawaiian individuals. Funding awards are based on formulas defined in the implementing regulations of the Workforce Investment Act (WIA) at 20 CFR 668.296(b) for the Comprehensive Services program and 20 CFR 668.440(a) for the Supplemental Youth Services program.

This document contains the interim final regulations governing the administration of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act) by the Department of Labor (Department or DOL). Part B of the Act provides uniform lump-sum payments and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B of the Act also provides smaller uniform lump-sum payments and medical benefits to individuals found eligible by the Department of Justice (DOJ) for benefits under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or years of established wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any years of established wage-loss). Part E of the Act also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of the RECA and, where applicable, to survivors of such employees. The Office of Workers' Compensation Programs (OWCP) administers the adjudication of claims and the payment of benefits under EEOICPA, with the Department of Health and Human Services (HHS) estimating the amounts of radiation received by employees alleged to have sustained cancer as a result of such exposure and establishing guidelines to be followed by OWCP in determining whether such cancers are at least as likely as not related to employment. Both DOE and DOJ are responsible for notifying potential claimants and for submitting evidence necessary for OWCP's adjudication of claims under EEOICPA.

The Occupational Safety and Health Administration (OSHA) is conducting a review of the lead in construction standard under section 610 of the Regulatory Flexibility Act and section 5 of Executive Order 12866 on Regulatory Planning and Review. In 1993, in response to a statutory mandate to adopt a standard to protect construction workers from lead exposures, OSHA promulgated a standard that requires testing of construction sites for lead exposures, provisions to protect workers from exposure where lead is present, and medical monitoring of exposed workers. The purpose of this review is to determine whether there are ways to modify this standard to make implementation more practical, to reduce regulatory burden on small business, and to improve its effectiveness, while still protecting worker health. OSHA solicits comments from the public on these and other relevant issues.

This final rule revises MSHA's existing standards addressing diesel particulate matter (DPM) exposure in underground metal and nonmetal (M/NM) mines. In this final rule, MSHA changes the interim concentration limit measured by total carbon (TC) to a comparable permissible exposure limit (PEL) measured by elemental carbon (EC), which renders a more accurate DPM exposure measurement. Also, this final rule increases flexibility of compliance for mine operators by requiring MSHA's longstanding hierarchy of controls for its other exposure-based health standards at M/NM mines, but retains the prohibition on rotation of miners for compliance. Furthermore, this final rule: Requires MSHA to consider economic as well as technological feasibility in determining if operators qualify for an extension of time in which to meet the final DPM limit; deletes the requirement for a control plan; and makes conforming changes to existing provisions concerning compliance determinations, environmental monitoring and recordkeeping.

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 Employment and Training Administration (ETA) is soliciting comments concerning the proposed extension of the Tax Performance System (TPS). Note that the name of this program was changed from Revenue Quality Control to the Tax Performance System. A copy of the proposed information collection request can be obtained by contacting the employee listed below in the contact section of this notice.

The Employment and Training Administration published a document in the Federal Register on April 1, 2005, concerning the availability of grant funds for eligible faith-based and community organizations under the Prisoner Re-Entry Initiative: SGA/DFA PY-04-08. This is to make the following clarifications and corrections to SGA/DFA PY-04-08: 1. The SGA intended that Workforce Investment Boards (WIBs) would have a supportive role in this project rather than be the lead agency, and this is to provide clarification that WIBs are not eligible applicants for this SGA. Further, the requirement for a letter of support from the WIB is intended simply to demonstrate that the WIB will play a supportive role in the project by providing employment services for released prisoners in One-Stop Centers. DOL encourages WIBs to work with any faith-based or community organization (FBCO) that wishes to apply for these grants. FBCOs who have not received a letter from the WIB may instead demonstrate in its proposal the steps that they have taken to secure such a letter. 2. Page 16855 of the SGA indicates that applicants should limit the share of funds for program administration, including technical assistance and oversight, to 10 percent of the amount for which they are applying. We are modifying this to 15 percent of the amount for which you are applying. 3. Page 16859 of the SGA indicates that an FBCO can be listed as a sub-grantee in more than one application, but that they will only be able to receive a sub-grant award from one grant. This was too restrictive and there are instances in which it would be appropriate for an FBCO or other organization to be awarded a sub-grant in two or more grants. The SGA is now modified to allow an FBCO or other organization to receive a sub-grant award in more than one grant. 4. Page 16860 of the SGA indicates that applicants may apply online at https://www.grants.gov. The mandatory form SF 424A has just been added for download. If you have previously downloaded the application package, please download the package again. If you do not download the package with the SF 424A, Grants.gov will reject your application submission with errors.

OSHA solicits public comment concerning its request for an extension of the information collection requirements contained in its standard on Forging Machines (29 CFR 1910.218).