Department of Labor February 2006 – Federal Register Recent Federal Regulation Documents

OSHA is confirming the effective date of its direct final rule reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures used to protect employees who operate wheel-type tractors. The direct final rule stated that it would become effective on February 27, 2006 unless significant adverse comment was received by January 30, 2006. OSHA received only one comment on the direct final rule, which it has determined is not a significant adverse comment.

The Occupational Safety and Health Administration (OSHA) is amending the existing standard which limits occupational exposure to hexavalent chromium (Cr(VI)). OSHA has determined based upon the best evidence currently available that at the current permissible exposure limit (PEL) for Cr(VI), workers face a significant risk to material impairment of their health. The evidence in the record for this rulemaking indicates that workers exposed to Cr(VI) are at an increased risk of developing lung cancer. The record also indicates that occupational exposure to Cr(VI) may result in asthma, and damage to the nasal epithelia and skin. The final rule establishes an 8-hour time-weighted average (TWA) exposure limit of 5 micrograms of Cr(VI) per cubic meter of air (5 [mu]g/m\3\). This is a considerable reduction from the previous PEL of 1 milligram per 10 cubic meters of air (1 mg/10 m\3\, or 100 [mu]g/ m\3\) reported as CrO3, which is equivalent to a limit of 52 [mu]g/m\3\ as Cr(VI). The final rule also contains ancillary provisions for worker protection such as requirements for exposure determination, preferred exposure control methods, including a compliance alternative for a small sector for which the new PEL is infeasible, respiratory protection, protective clothing and equipment, hygiene areas and practices, medical surveillance, recordkeeping, and start-up dates that include four years for the implementation of engineering controls to meet the PEL. The final standard separately regulates general industry, construction, and shipyards in order to tailor requirements to the unique circumstances found in each of these sectors. The PEL established by this rule reduces the significant risk posed to workers by occupational exposure to Cr(VI) to the maximum extent that is technologically and economically feasible.

OSHA solicits public comment concerning its request for an extension of the information collection (paperwork) requirements contained in the 1,3-Butadiene Standard (29 CFR 1910.1051).

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 Workforce Security, is soliciting comments concerning the proposed modification of the case investigation procedures for the BAM data collection. A copy of the proposed information collection request (ICR) can be obtained directly by accessing this Web site: https:// www.doleta.gov/Performance/guidance/OMBControlNumber.cfm.

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: Regulations Governing the Administration of the Longshore and Harbor Workers' Compensation Act (ESA-100, LS-200, LS-201, LS-203, LS-204, LS-262, LS-267, LS-271, LS- 274, LS-513). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

The President has assigned to the Secretary of Labor the function of the President contained within section 401(c) of the National Emergencies Act (50 U.S.C. 1641(c)), to provide the specified final report to the Congress in relation to Proclamation 7959 of November 3, 2005. Proclamation 7959 revoked Proclamation 7924 that was issued September 8, 2005, and which suspended the provisions of the Davis-Bacon Act (40 U.S.C. 3141-3148) relating to prevailing-wage determinations by the Secretary of Labor within specified geographic areas affected by Hurricane Katrina.

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: Economic Survey Schedule (WH-1). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

The U.S. Department of Labor (DOL), Employment and Training Administration (ETA), announces the availability of competitive grant funds to provide employment and training services to Indians, Alaska Natives and Native Hawaiians under section 166 of the Workforce Investment Act (WIA) for Program Years (PY) 2006, and 2007 (July 1, 2006 through June 30, 2008). Competition for section 166 grants is conducted every two years, except that the Secretary may waive the requirement for such competition for current grantees that have performed satisfactorily. Through this Notice, the Department announces that the Secretary has waived competition for this solicitation for grantees that have performed satisfactorily under their current grant. (See Attachment A for a list of grantees receiving waivers.) To apply for an award of funds for PY 2006 and 2007 for their current service area, current grantees receiving a waiver of competition only need to submit a cover letter, signed by an authorized signatory, and a Standard Form (SF) 424 Application for Federal Assistance (Version 02), which will serve as the grantee's ``Notice of Intent'' (NOI) to continue providing WIA section 166 services. Submittals on https://www.grants.gov, with authorized electronic signatures, will also be accepted in place of the hard copy cover letter and SF 424. The Secretary has also waived competition for this solicitation for those grantees operating a WIA section 166 training and employment program as part of a Pub. L. 102-477 Demonstration Project, which allows federally-recognized tribes, or entities serving federally- recognized tribes, to consolidate formula-funded employment, training, and related dollars under a single service plan administered by the Department of the Interior. (See Attachment B for a list of Pub. L. 102-477 grantees.) Grantees operating a WIA section 166 grant as part of a Public Law 102-477 Demonstration Project will need to submit a cover letter, signed by an authorized signatory, and a Standard Form (SF) 424 Application for Federal Assistance (Version 02), which will serve as the grantee's ``Notice of Intent'' (NOI) to continue providing WIA section 166 services to the address provided in section IV (3) of this notice. Submittals on https://www.grants.gov, with authorized electronic signatures, will also be accepted in place of the hard copy cover letter and SF 424. Competition for funding under this solicitation is limited to the geographic areas listed in Attachment C of this SGA. Any eligible entity, including new applicants and current grant recipients serving other geographic areas, may apply for funding to serve these areas. Current grantees serving these geographic areas are subject to competition and must submit a grant application as specified in Part IV (2) in order to compete for their existing service area. Important: Organizations seeking WIA section 166 funding for this period must comply with the provisions of this SGA. Late applications from current grantees or new applicants will not be considered for those geographic service areas that are in competition (as listed in Attachment C). A list of current grantees and the geographic areas they serve can be found at: https://www.doleta.gov/dinap/cfml/CensusData.cfm. Addresses: Applications may be submitted electronically on https:// www.grants.gov or in hard-copy via mail or hand delivery. Mailed applications must be sent to: U.S. Department of Labor, ETA, Room N- 4617, 200 Constitution Ave., NW., Washington, DC 20210, Attention: James Stockton. Applicants are advised that mail delivery in the Washington, DC area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. Applications submitted via facsimile (fax) machine will not be accepted. Supplementary Information: This solicitation consists of eight parts and three attachments: Part I provides the funding description and background information. Part II describes the size and nature of the anticipated awards. Part III describes eligible applicants and other grant specifications. Part IV provides information on the application and submission process. Part V describes the criteria against which applications will be reviewed and evaluated, and explains the proposal review process. Part VI provides award administration information. Part VII contains DOL agency contact information. Part VIII lists additional resources of interest to applicants. Attachment A lists grantees receiving waivers. As indicated, this list also includes grantees which will receive conditional designation with conditions to be specified by the Grant Officer and reflected in the grant award. Attachment B lists Public Law 102-477 grantees receiving waivers. Attachment C lists grantees that did not receive a waiver and areas/counties open for competition and associated funding amounts.

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).