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

Combating Exploitive Child Labor Through Education in Indonesia and Nepal
Document Number: 05-16273
Type: Notice
Date: 2005-08-17
Agency: Office of the Secretary, Department of Labor
The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award USD 2.5 million through a sole source cooperative agreement to Save the Children Federation Inc. (STC), a U.S.-based non-profit organization. This funding will be used over a four-year period to support the current STC project in Indonesia, ``Enabling Communities to Combat Child Trafficking through Education,'' by extending project activities in the earthquake and tsunami stricken region of Aceh and to bring USDOL funded child labor activities in Indonesia to a successful completion. USDOL also intends to award USD 3.5 million through a sole source cooperative agreement to World Education, Inc., a U.S.-based non-profit organization. This funding will support a four-year second phase of World Education's ``Brighter Futures Program: Combating Child Labor in Nepal through Education,'' because the activity to be funded is essential to the satisfactory completion of this project. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 Stat. 2809 (2004), which provided funding for USDOL to improve access to basic education in international areas with a high rate of abusive and exploitative child labor through the Child Labor Education Initiative (EI) grant program. Since 1995, USDOL has awarded grants to commercial, international, and non-governmental organizations working to eliminate the worst forms of child labor through the provision of basic education. The cooperative agreements awarded under this initiative will be managed by ILAB's International Child Labor Program to assure achievement of the awards' stated goals. Indonesia: ILAB finds STC uniquely qualified to implement a major program to rapidly restore the educational sector in Aceh and thereby reduce children's vulnerability to trafficking and other forms of exploitation. STC has worked in Indonesia for over 30 years and was one of the leaders of the tsunami emergency response effort in Aceh due to its long-standing presence in the region. The target groups of children in Aceh include children being exploited through work in the worst forms of child labor and those at-risk of entering such work, including conscription into fighting in the civil conflict, and working in the agriculture and fishing sectors in the reconstruction effort. STC is uniquely qualified by virtue of its institutional and contextual knowledge of Indonesia; its familiarity and strong networks with local officials, organizations, and support groups; its pre- existing presence in Aceh and unparalleled experience providing assistance to the region; its extensive working relationships with the targeted communities; its readily available personnel and facilities; and its experience with USDOL reporting and administrative requirements. Additionally, through their previous work and tsunami relief in Aceh, STC has already laid the groundwork for an expansion of the ENABLE project activities and have identified sources of counterpart funding that will multiply the impact of the USDOL investment. The range of services provided by STC includes innovative methods to increase access to formal and non-formal education; generate public awareness; return, rehabilitate, and reintegrate trafficked children; and build capacity at all levels. USDOL's experience working with STC began in the summer of 2004, when STC submitted proposals to USDOL in response to solicitations for grant applications under the EI. As a result of the competitive processes, USDOL entered into two cooperative agreements with STC to implement EI projects, including one in Indonesia. Activities completed as part of the current Indonesian project include securing the support and involvement of the government at the national, provincial and district levels; laying the ground work for the return, recovery and reintegration aspect of the program; and signing of a Memorandum of Understanding with the Police hospital to establish the Medical Recovery Center for victims of trafficking. However, Aceh was not included as one of the initial target areas in the original cooperative agreement due to the civil conflict and restrictions placed by the government on foreign assistance in the region. The government has since removed the restrictions, in part due to concerns about trafficking in the post-tsunami environment. Timely provision of services in Aceh is crucial due to the fragile environment created by the trauma and displacement of the tsunami and the ongoing civil conflict. Given STC's longstanding presence and quality work in the region, strong existing on-the-ground relationships, existing solid foundation and counterpart funding for additional activities, and innovative education delivery methods, USDOL finds STC uniquely qualified for this sole-source award and deems it highly capable of providing timely and effective services in Aceh. The awarding of further USDOL support to STC will allow the program to expand its geographic coverage into Aceh and build on existing activities to rebuild and strengthen the education system in Aceh as a means of reducing children's vulnerability to the worst forms of child labor and trafficking. Nepal: ILAB finds World Education uniquely qualified to perform the program activities in Nepal on a national scale. As a direct educational service provider in Nepal, World Education has a high level of technical expertise in education and administrative oversight capabilities required to work with local implementing partners in targeted districts throughout Nepal. With an extensive network of working relationships with the government, donors, local partners and communities, and district education authorities in Nepal, World Education possesses a unique ability to implement a comprehensive program of direct services to the intended target group of children. This group is comprised of children working in the worst forms of child labor and those at-risk of entering such work, including domestic service, rag picking (recycling), portering, mining and quarrying, brick manufacturing, bus transportation, bonded labor, as well as those children trafficked for labor and sexual exploitation. The range of services of World Education's Brighter Futures Program includes development of a flexible, modular non-formal education curriculum and schooling program for child laborers; accelerated learning and transition to formal school; practical skills training programs and apprenticeships; psychosocial and career counseling; improved access and quality of the formal education system through parent-teacher association and community/school management committee development; training of teacher trainers; ongoing collection of baseline data to design well-targeted interventions and track the performance of program beneficiaries; and advocacy for the inclusion of child labor issues in national education programs. USDOL's experience working with World Education in Nepal began in 2002, when World Education submitted a proposal to USDOL in response to a solicitation for grant application under the EI. As a result of that competitive procurement process, USDOL entered into a cooperative agreement with World Education to implement the current EI project in Nepal called the Brighter Futures Program. World Education's innovative approach in working with communities to provide quality education and increase access to schooling through capacity building and strengthening of parent-teacher associations and community/school management committees has proven effective. As of early 2005, World Education has provided, or was in the process of providing, educational services to 21,857 children removed from the worst forms of child labor, exceeding its original program target of 17,000 children. Over 14,000 children at-risk of entering exploitative labor have also received one or more services through the program. Given World Education's demonstrable ability to deliver quality services in a complex implementing environment, its extensive local partnerships throughout many districts of Nepal, and its ability to work with communities to address the problem of child labor, USDOL finds World Education to be uniquely qualified for this sole source award. Further USDOL support to World Education will allow the Brighter Futures Program time to strengthen and expand activities undertaken through the current project to ensure sustainability of the project's objectives after it is completed. For additional information on this award, please contact Charita Castro at (202) 693-4843. Mailing address: U.S. Department of Labor, Bureau of International Labor Affairs, 200 Constitution Avenue, NW., Room S-5307, Washington, DC 20210.
Proposed Collection; Comment Request
Document Number: 05-16191
Type: Notice
Date: 2005-08-16
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 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 Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the ``Local Area Unemployment Statistics (LAUS) Program.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the Addresses section of this notice.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Noise Exposure Assessment; Audiometric Testing, Evaluation, and Records and Training in All Mines
Document Number: 05-16077
Type: Notice
Date: 2005-08-15
Agency: Department of Labor, Mine Safety and Health Administration
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 the continuing collection 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.
Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance
Document Number: E5-4399
Type: Notice
Date: 2005-08-12
Agency: Department of Labor, Employment and Training Administration
J-R-Greene, Inc., Boonton, NJ; Notice of Termination of Investigation
Document Number: E5-4398
Type: Notice
Date: 2005-08-12
Agency: Department of Labor, Employment and Training Administration
The Levy Group Inc., New York, NY; Notice of Termination of Investigation
Document Number: E5-4397
Type: Notice
Date: 2005-08-12
Agency: Department of Labor, Employment and Training Administration
Renfro Corporation, Fort, AL; Dismissal of Application for Reconsideration
Document Number: E5-4395
Type: Notice
Date: 2005-08-12
Agency: Employment and Training Administration, Department of Labor
Grant of Individual Exemptions; The UNITE National Retirement Fund
Document Number: 05-16046
Type: Notice
Date: 2005-08-12
Agency: Employee Benefits Security Administration, Department of Labor
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code). A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor.
Proposed Exemptions; Wachovia Corporation (Wachovia)
Document Number: 05-16045
Type: Notice
Date: 2005-08-12
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code).
Proposed Extension of Information Collection Request Submitted for Public Comment; Furnishing Documents to the Secretary of Labor on Request Under ERISA Section 104(a)(6)
Document Number: 05-16028
Type: Notice
Date: 2005-08-12
Agency: Employee Benefits Security Administration, Department of Labor
In accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), the Department of Labor (the Department) conducts a preclearance consultation program so that the general public and other federal agencies can comment on proposed and continuing collections of information. This program helps to ensure that the data the Department gathers arrive in the desired format, that the reporting burden on the public (time and financial resources) is minimized, that the public understands the collection instruments, and that the Department can accurately assess the impact of collection requirements on respondents. By this notice, the Department is soliciting comments on the information collection provisions of regulations pertaining to section 104(a)(6) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The statute and the regulatory provisions codified at 29 CFR 2520.104a-8 require the administrator of an employee benefit plan subject to part 1 of Title I of ERISA to furnish the Secretary of Labor with certain documents relating to the plan upon request. A copy of the information collection request (ICR) can be obtained by contacting the office shown in the addresses section of this notice.
Submission for OMB Review: Comment Request
Document Number: 05-16026
Type: Notice
Date: 2005-08-12
Agency: Office of the Secretary, Department of Labor
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-15725
Type: Notice
Date: 2005-08-12
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Reporting and Performance Standards System for the Migrant and Seasonal Farm Worker Program Under Title I, Section 167 of the Workforce Investment Act (WIA) of 1998
Document Number: E5-4324
Type: Notice
Date: 2005-08-10
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 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 Employment and Training Administration (ETA) is soliciting comments on revised reporting requirements for the Migrant and Seasonal Farm Worker (MSFW) program. This information collection request is necessary in order to collect data for calculating a set of common performance measures of the outcomes achieved by the MSFW program.
Proposed Collection; Comment Request
Document Number: 05-15780
Type: Notice
Date: 2005-08-10
Agency: Employment Standards 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)(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 Standards Administration is soliciting comments concerning the proposed collection: Requirements of a Bona Fide Thrift or Savings Plan (29 CFR part 547) and Requirements of a Bona Fide Profit-Sharing Plan or Trust (29 CFR part 549). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this notice.
Menasha Holding Company, Menasha Packaging Company, LLC, Danville, VA; Notice of Termination of Investigation
Document Number: E5-4301
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: E5-4300
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Pomeroy Computer Resources, Macon, Georgia; Notice of Termination of Investigation
Document Number: E5-4299
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Westpoint Stevens, Bed Products Division, Lanett, AL; Notice of Termination of Investigation
Document Number: E5-4298
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Dan River, Inc., Danville, VA; Notice of Termination of Investigation
Document Number: E5-4296
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Vision Knits, Inc., Albemarle, NC; Notice of Negative Determination Regarding Application for Reconsideration
Document Number: E5-4295
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Alcatel, Inc., Plano, TX; Notice of Termination of Investigation
Document Number: E5-4294
Type: Notice
Date: 2005-08-09
Agency: Employment and Training Administration, Department of Labor
Fees for Testing, Evaluation, and Approval of Mining Products
Document Number: 05-15495
Type: Rule
Date: 2005-08-09
Agency: Department of Labor, Mine Safety and Health Administration
We are amending our regulations to reflect established policy and procedures for administering fees for testing, evaluation, and approval of equipment and materials manufactured for use in the mining industry. This direct final rule eliminates the application fee, allows applicants to pre-authorize expenditures for processing applications, allows outside organizations conducting part 15 testing (explosives and sheathed explosive units) on our behalf to set fees for this testing, incorporates changes concerning our programs and organization, and makes non-substantive conforming changes to related regulations.
Fees for Testing, Evaluation, and Approval of Mining Products
Document Number: 05-15494
Type: Proposed Rule
Date: 2005-08-09
Agency: Department of Labor, Mine Safety and Health Administration
We are proposing to amend our regulations to reflect established policy and procedures for administering fees for testing, evaluation, and approval of equipment and materials manufactured for use in the mining industry. This proposed rule would eliminate the application fee, allow applicants to pre-authorize expenditures for processing applications, allow outside organizations conducting part 15 testing (explosives and sheathed explosive units) on our behalf to set fees for this testing, incorporate changes concerning our programs and organization, and make non-substantive conforming changes to related regulations.
Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance
Document Number: E5-4219
Type: Notice
Date: 2005-08-05
Agency: Employment and Training Administration, Department of Labor
Gulf Fibers, Inc., Axis, AL; Dismissal of Application for Reconsideration
Document Number: E5-4216
Type: Notice
Date: 2005-08-05
Agency: Employment and Training Administration, Department of Labor
Lucerne Textiles, Inc., New York, NY; Dismissal of Application for Reconsideration
Document Number: E5-4215
Type: Notice
Date: 2005-08-05
Agency: Employment and Training Administration, Department of Labor
Tesco Technologies, LLC, Headquarters Office, Auburn Hills, Michigan; Notice of Negative Determination on Remand
Document Number: E5-4211
Type: Notice
Date: 2005-08-05
Agency: Employment and Training Administration, Department of Labor
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-15257
Type: Notice
Date: 2005-08-05
Agency: Department of Labor, Employment Standards Administration; Wage and Hour Division, Employment Standards Administration
Combating Exploitive Child Labor through Education in Zambia
Document Number: 05-15285
Type: Notice
Date: 2005-08-03
Agency: Office of the Secretary, Department of Labor
The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award U.S. $750,000 through a sole source cooperative agreement to Jesus Cares Ministries (JCM), a local, Zambian, faith-based organization. This funding will be used to support a three-year second phase of the JCM project ``Combating Child Labor Through Education''. Funding for this award is based on the FY 2005 appropriation to USDOL for improving ``access to basic education in international areas with a high rate of abusive and exploitative child labor'' through the Child Labor Education Initiative grant program. Since 1995, USDOL has awarded grants to international and non-governmental organizations working to eliminate the worst forms of child labor through the provision of basic education. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 Stat. 2809 (2004). The cooperative agreement awarded under this initiative will be managed by ILAB's International Child Labor Program (ICLP) to assure achievement of the stated goals. ILAB finds JCM is uniquely qualified by virtue of its institutional and individual knowledge of conditions in Zambia, its familiarity with local officials and support groups, and its readily available personnel and facilities, to provide the kinds of services needed to best reach the intended target group in Zambiachildren working in the worst forms of child labor and those at-risk of entering such work, including children working in stone crushing, in exploitive agricultural work, and those who live and work on streets in urban areas. The range of services provided by JCM includes counseling, provision of transitional and vocational education, and placement of children in formal schools. JCM also has been instrumental in protecting children affected by HIV/ AIDS from entering harmful labor conditions in Zambia, where the HIV/ AIDS pandemic has left hundreds of thousands of children vulnerable to such exploitation. USDOL's experience working with JCM dates back to 2002, when JCM submitted a proposal to USDOL in response to a solicitation for grant applications under USDOL's Child Labor Education Initiative (EI). As a result of that competitive procurement process, USDOL entered into a cooperative agreement with JCM to implement an EI project in Zambia. JCM has been innovative in using a community school approach to reach the over 2,000 children that it targeted in Phase 1 of the project. JCM was also successful in meeting all of the other goals it set for the first phase of the project. Moreover, this approach has encouraged local ownership and buy-in of the project. JCM has also secured additional funding from the Zambian government and from international organizations to complement its activities under their USDOL grant. JCM is staffed entirely by host country nationals and operates in several urban parts of the country, as well as in Zambia's Eastern Province. Given the extensive stakeholder relationships that JCM has nurtured in Zambia, their innovative community school approach, and efficient management structure, USDOL finds JCM to be uniquely qualified for this sole source award. The awarding of further USDOL support for JCM will allow it to reach many more vulnerable children and further expand its role as a leading local organization working to eliminate the worst forms of child labor in Zambia. For additional information on this award, please contact Kevin Willcutts at (202) 693-4843.
Occupational Exposure to Ionizing Radiation
Document Number: 05-15119
Type: Proposed Rule
Date: 2005-08-01
Agency: Department of Labor, Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) is extending the deadline for commenting on the Request for Information (RFI) on Ionizing Radiation for 120 days, from August 1 to November 28, 2005. OSHA is extending the comment deadline to give stakeholders adequate time to comment on the Biological Effects of Ionizing Radiation (BEIR) VII report on health risks for exposure to low levels of ionizing radiation, which was not issued until June 29, 2005.
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