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

Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: 05-17346
Type: Notice
Date: 2005-08-31
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comment concerning its request for an extension of the information collection requirement contained in its Standard on Permit-Required Confined Spaces (29 CFR 1910.146).
Advisory Council on Employee Welfare and Pension Benefit Plans 131st Plenary Meeting; Notice of Meeting
Document Number: 05-17309
Type: Notice
Date: 2005-08-31
Agency: Employee Benefits Security Administration, Department of Labor
Vehicle-Mounted Elevating and Rotating Work Platforms Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: 05-17231
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comment concerning its request for an extension of the information collection requirements specified for aerial lifts by its Vehicle-Mounted Elevating and Rotating Work Platforms Standard (29 CFR 1910.67). The paperwork provision of the Vehicle-Mounted Elevating and Rotating Work Platforms Standard specifies a requirement for maintaining and disclosing the manufacturers' certification records for modified aerial lifts. The purpose of the requirement is to reduce employees' risk of death or serious injury by ensuring that aerial lifts are inspected and/or tested after modification to ensure they are in safe operating condition.
Electronic Filing of Annual Reports
Document Number: 05-17185
Type: Proposed Rule
Date: 2005-08-30
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a proposed regulation that, upon adoption, would establish an electronic filing requirement for certain annual reports required to be filed with the Department of Labor by plan administrators and other entities. The Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (the Code), and the regulations issued thereunder, impose certain annual reporting obligations on pension and welfare benefit plans, as well as on certain other entities. These annual reporting obligations generally are satisfied by filing the Form 5500 Series. Currently, the Department of Labor, the Pension Benefit Guaranty Corporation, and the Internal Revenue Service (the Agencies) use an automated document processing systemthe ERISA Filing Acceptance Systemto process the Form 5500 Series filings. As part of the Department's efforts to update and streamline the current processing system, the Department has determined that improvements and cost savings in the filing processes can best be achieved by adopting a wholly electronic filing processing system and eliminating the currently accepted paper filings. The Department believes that a wholly electronic system will result in, among other things, reduced filer errors and, therefore, reduced correspondence and potential for filer penalties; more timely data for public disclosure and enforcement, thereby enhancing the protections for participants and beneficiaries; and lower annual report processing costs, benefiting taxpayers generally. As part of the move to a wholly electronic filing system, the regulation contained in this document would, upon adoption, require Form 5500 filings made to satisfy the annual reporting obligations under Title I of ERISA to be made electronically. In order to ensure an orderly and cost-effective migration to an electronic filing system by both the Department and Form 5500 filers, under the proposal the requirement to file electronically would not apply until plan years beginning on or after January 1, 2007, with the first electronically filed forms due in 2008. Upon adoption, this regulation would affect employee pension and welfare benefit plans, plan sponsors, administrators, and service providers to plans subject to Title I of ERISA.
MET Laboratories, Inc., Application for Expansion of Recognition
Document Number: 05-17184
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the application of MET Laboratories, Inc., (MET) for expansion of its recognition to use additional test standards, and presents the Agency's preliminary finding to grant MET's requested expansion of recognition. This preliminary finding does not constitute an interim or temporary approval of this application.
TUV America, Inc., Expansion of Recognition
Document Number: 05-17183
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV America, Inc., as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
NSF International, Renewal of Recognition
Document Number: 05-17182
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the Occupational Safety and Health Administration's final decision granting the renewal of recognition of NSF International (NSF) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
Public Meeting of the Advisory Committee on Apprenticeship (ACA)
Document Number: E5-4708
Type: Notice
Date: 2005-08-29
Agency: Employment and Training Administration, Department of Labor
Pursuant to section 10 of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. APP. 1), notice is hereby given of an open meeting of the Advisory Committee on Apprenticeship (ACA).
Notice of a Regulatory Flexibility Act Review of Lead in Construction
Document Number: 05-17067
Type: Proposed Rule
Date: 2005-08-29
Agency: Department of Labor, Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) is conducting a review of the lead in construction standard, 29 CFR 1926.62, under Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866 on Regulatory Planning and Review. On June 6 (70 FR 32739-42), OSHA requested comments for that review, provided background and gave information on the issues. Requests have been received to extend the comment period to permit the public more time to gather and submit information. Accordingly, OSHA is extending the period.
Submission for OMB Review: Comment Request
Document Number: 05-17059
Type: Notice
Date: 2005-08-29
Agency: Office of the Secretary, Department of Labor
Union Officials: Guidelines for Fiduciary Responsibilities Under Section 501 of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. 501
Document Number: 05-16908
Type: Notice
Date: 2005-08-29
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
This notice is a request for information from the public to assist the Department of Labor (``Department'') in determining whether to issue guidelines concerning the fiduciary obligations of union officers, agents, shop stewards and other representatives under section 501(a) of the Labor-Management Reporting and Disclosure Act (``LMRDA''), 29 U.S.C. 501. That section states, in general terms, that these persons occupy ``positions of trust'' within their labor organizations and must act in the best interests of their union. The LMRDA does not describe in detail the nature and scope of the fiduciary duties as applied to union officials. The Department also seeks comments on the nature and scope of such fiduciary obligations. The comments from interested parties, including unions, union members, union officers, agents, shop stewards, and other representatives, public interest groups, and the public will help determine whether the Department should issue specific guidelines describing the minimum standards officers, agents, shop stewards, and other union representatives must meet to fulfill their fiduciary responsibilities under section 501 of the LMRDA. In addition, the comments should help delineate what issues concerning the fiduciary responsibilities of union officials should be addressed, if it is decided that the Department should issue such guidelines, and what specific standards should be included in the guidelines. These guidelines and standards could further the Department's interest in ensuring that breaches of fiduciary obligations not be permitted to occur or remain undisclosed.
Labor Organization Officer and Employee Reports
Document Number: 05-16907
Type: Proposed Rule
Date: 2005-08-29
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
The Employment Standards Administration (ESA) of the Department of Labor (Department) is proposing to revise the Form LM-30 and its instructions. The Form LM-30 implements section 202 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 432, whose purpose is to require officers and employees of labor organizations to publicly disclose possible conflicts between their personal financial interests and their duty to the labor union and its members. The proposed rule would clarify the Form LM-30, and its instructions, by explaining key terms and providing examples of the financial matters that must be reported, eliminate exemptions in the current Form LM-30 that permit filers to not report financial matters that would otherwise be required to be reported under the Act, and improve the usability of the reports by union members and the public. The Department invites general and specific comment on any aspect of the rule; it also invites comment on specific points, as noted throughout the text of this preamble.
International Manufacturing, El Paso, TX; Notice of Termination of Investigation
Document Number: E5-4681
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Dorr-Oliver Eimco USA Inc., Salt Lake City, UT; Termination of Investigation
Document Number: E5-4679
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Americal Corporation, Henderson, NC; Notice of Termination of Investigation
Document Number: E5-4678
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: E5-4677
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Sportrack Automotive, Port Huron, MI; Notice of Termination of Investigation
Document Number: E5-4676
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Sabre, Inc., Travel Network North America Division, Southlake, TX; Dismissal of Application for Reconsideration
Document Number: E5-4672
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Radicispandex Corporation, Fall River, MA; Notice of Revised Determination on Reconsideration
Document Number: E5-4671
Type: Notice
Date: 2005-08-26
Agency: Employment and Training Administration, Department of Labor
Summary of Decisions Granting in Whole or in Part Petitions for Modification
Document Number: 05-17003
Type: Notice
Date: 2005-08-26
Agency: Department of Labor, Mine Safety and Health Administration
Under section 101 of the Federal Mine Safety and Health Act of 1977, the Secretary of Labor (Secretary) may allow the modification of the application of a mandatory safety standard to a mine if the Secretary determines either that an alternate method exists at a specific mine that will guarantee no less protection for the miners affected than that provided by the standard, or that the application of the standard at a specific mine will result in a diminution of safety to the affected miners. Final decisions on these petitions are based on the petitioner's statements, comments and information submitted by interested persons, and a field investigation of the conditions at the mine. MSHA, as designee of the Secretary, has granted or partially granted the requests for modification listed below. In some instances, the decisions are conditioned upon compliance with stipulations stated in the decision. The term FR Notice appears in the list of affirmative decisions below. The term refers to the Federal Register volume and page where MSHA published a notice of the filing of the petition for modification.
Service Contract Act Wage Determination OnLine Request Process
Document Number: 05-16779
Type: Rule
Date: 2005-08-26
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
The Department of Labor (DOL) is amending two regulations to allow for full implementation of the Wage Determinations OnLine (WDOL) Internet Web site (http://www.wdol.gov) as the source for federal contracting agencies to use when obtaining wage determinations issued by the DOL for service contracts subject to the McNamara-O'Hara Service Contract Act (SCA) and for construction contracts subject to the Davis- Bacon Act and Related Acts (DBRA).
Proposed Collection; Comment Request
Document Number: 05-16906
Type: Notice
Date: 2005-08-24
Agency: Employment and Training Administration, 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 other Federal agencies 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 collection of information on the Reemployment and Eligibility Assessment (REA) program. ETA is seeking Office of Management and Budget (OMB) approval under the PRA95 to establish a system to collect data at the state level on REA workload counts and outcomes.
Amendment to Prohibited Transaction Exemption (PTE) 84-14 for Plan Asset Transactions Determined by Independent Qualified Professional Asset Managers
Document Number: 05-16702
Type: Notice
Date: 2005-08-23
Agency: Employee Benefits Security Administration, Department of Labor
This document amends PTE 84-14, a class exemption that permits various parties that are related to employee benefit plans to engage in transactions involving plan assets if, among other conditions, the assets are managed by ``qualified professional asset managers'' (QPAMs), which are independent of the parties in interest and which meet specified financial standards. Additional exemptive relief is provided for employers to furnish limited amounts of goods and services to a managed fund in the ordinary course of business. Limited relief is also provided for leases of office or commercial space between managed funds and QPAMs or contributing employers. Finally, relief is provided for transactions involving places of public accommodation owned by a managed fund. The amendment affects participants and beneficiaries of employee benefit plans, the sponsoring employers of such plans, and other persons engaging in the described transactions.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Labor Condition Application for Nonimmigrant Workers
Document Number: 05-16691
Type: Notice
Date: 2005-08-23
Agency: Employment and Training Administration, 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)(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), Office of National Programs is soliciting comments concerning the proposed extension of the collection for ETA form 9035Labor Condition Application for Nonimmigrant Workers. 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.
Proposed Amendment to Prohibited Transaction Exemption (PTE) 84-14 for Plan Asset Transactions Determined by Independent Qualified Professional Asset Managers
Document Number: 05-16681
Type: Notice
Date: 2005-08-23
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 84- 14. The exemption permits various parties that are related to employee benefit plans to engage in transactions involving plan assets if, among other conditions, the assets are managed by ``qualified professional asset managers'' (QPAMs), which are independent of the parties in interest and which meet specified financial standards. Additional exemptive relief is provided for employers to furnish limited amounts of goods and services to a managed fund in the ordinary course of business. Limited relief is also provided for leases of office or commercial space between managed funds and QPAMs or contributing employers. Finally, relief is provided for transactions involving places of public accommodation owned by a managed fund. Currently, PTE 84-14 requires the QPAM managing the assets of a plan in an investment fund to be independent of, and unrelated to, the employer sponsoring such plan. However, as described in the notice of final amendment to PTE 84-14 contained in this issue of the Federal Register, limited retroactive and transitional relief is provided for financial service entities to act as QPAMS for their own plans. If this proposed amendment is granted, a QPAM may prospectively manage an investment fund containing the assets of its own plan or the plan of an affiliate, to the extent the conditions of the proposal are met. The proposed amendment would affect participants and beneficiaries of employee benefit plans, the sponsoring employers of such plans, and other persons engaging in the described transactions.
Submission for OMB Review: Comment Request
Document Number: 05-16679
Type: Notice
Date: 2005-08-23
Agency: Office of the Secretary, Department of Labor
Senior Executive Service; Appointment of a Member to the Performance Review Board
Document Number: 05-16678
Type: Notice
Date: 2005-08-23
Agency: Office of the Secretary, Department of Labor
Petitions for Modification
Document Number: 05-16625
Type: Notice
Date: 2005-08-22
Agency: Department of Labor, Mine Safety and Health Administration
Fees for Testing, Evaluation, and Approval of Mining Products; Correction
Document Number: 05-16560
Type: Rule
Date: 2005-08-22
Agency: Department of Labor, Mine Safety and Health Administration
This document corrects a direct final rule published in the Federal Register of August 9, 2005, regarding fees for testing, evaluation, and approval of mining products.
Fees for Testing, Evaluation, and Approval of Mining Products; Correction
Document Number: 05-16559
Type: Proposed Rule
Date: 2005-08-22
Agency: Department of Labor, Mine Safety and Health Administration
This document corrects the preamble to a proposed rule published in the Federal Register of August 9, 2005, regarding fees for testing, evaluation, and approval of mining products.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Administrative Measures To Improve Program Performance
Document Number: E5-4537
Type: Notice
Date: 2005-08-19
Agency: Employment and Training Administration, 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)(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, Office of National Programs, is soliciting comments concerning the proposed extension of the collection for the Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the Unites States; Administrative Measures to Improve Program Performance. 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.
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-16269
Type: Notice
Date: 2005-08-19
Agency: Department of Labor, Employment Standards Administration; Wage and Hour Division, Employment Standards Administration
NCO Financial Systems, Inc., Hampton, VA; Notice of Termination of Investigation
Document Number: E5-4503
Type: Notice
Date: 2005-08-18
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: E5-4502
Type: Notice
Date: 2005-08-18
Agency: Employment and Training Administration, Department of Labor
Brunswick, Muskegon, MI; Notice of Termination of Investigation
Document Number: E5-4501
Type: Notice
Date: 2005-08-18
Agency: Employment and Training Administration, Department of Labor
Datacolor, Lawrenceville, NJ; Notice of Termination of Investigation
Document Number: E5-4499
Type: Notice
Date: 2005-08-18
Agency: Employment and Training Administration, Department of Labor
Business Research Advisory Council; Notice of Renewal
Document Number: 05-16352
Type: Notice
Date: 2005-08-18
Agency: Department of Labor, Bureau of Labor Statistics, Labor Statistics Bureau