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

This document contains an interim final amendment to modify the sunset date of interim final regulations under the Mental Health Parity Act (MHPA) to be consistent with legislation passed during the 109th Congress.

The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this Notice to announce: the 2006 AEWRS for employers seeking to employ temporary or seasonal nonimmigrant alien workers to perform agricultural labor or services (H-2A workers) or logging (H-2 logging workers); the allowable charges for 2006, that employers seeking H-2A workers and H-2 logging workers may levy upon their workers when three meals a day are provided by the employer; and the maximum travel subsistence reimbursement which a worker with receipts may claim in 2006. AEWRs are the minimum wage rates the Department has determined must be offered and paid to U.S. and alien workers by employers of H-2A workers or H-2 logging workers. AEWRs are established to prevent the employment of these aliens from adversely affecting wages of similarly employed U.S. workers. The Department announces the AEWRs for 2006. The Department also announces the new rates for 2006, which covered agricultural and logging employers may charge their workers for three daily meals. Under specified conditions, workers are entitled to reimbursement for travel subsistence expenses. The minimum reimbursement is the charge for three daily meals as noted above. The Department also announces the current maximum reimbursement that may be claimed in 2006, by workers with receipts.

In December 2002, the Employment and Training Administration (ETA) began a review of the performance management system for the Unemployment Insurance (UI) program. The review addressed the following topics: (a) The performance measures; (b) the criteria used to gauge success against the measures; and (c) the administration of UI Performs. ETA conducted the review in significant consultation with State Workforce Agencies (SWAs) and indirectly through the National Association of State Workforce Agencies' Subcommittee for UI Performs. ETA contracted with Mathematica Policy Research, Inc. to assist with the data analyses. The review resulted in a recommendation that ETA publish a guidance to streamline the UI performance management system (UI Performs) in the following three significant ways: (1) Reduce the number of performance goals to a few ``core'' measures; (2) utilize the data of the remaining measures for program management with no performance goals; and (3) streamline the State Quality Service Plan narrative. In response, on June 16, 2004, ETA published UIPL No. 21-04, which outlined the proposed changes to UI Perform and invited public comments. (69 FR 33669 (2004)).

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: Application for Farm Labor Contractor and Farm Labor Contractor Employee Certificate of Registration (WH-530). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

Benchmarking/verification: The free trade agreement between the United States and the CAFTA-DR countries establishes a commitment to effectively enforce domestic labor laws. This program will measure and evaluate progress by the CAFTA-DR countries as they strive to improve implementation of their labor laws consistent with international standards. Specifically, the program will create a series of benchmarks and measurements related to compliance with internationally recognized labor rights. These tools will be used to evaluate the implementation of the recommendations established in the ``White Paper'' (developed by the Trade and Labor Ministry officials of the countries), as well as improvements to institutional capacities of government mechanisms for the sustainable implementation of labor law. A verification report will be produced and made publicly available on a semi-annual basis. Labor Justice Training: Increasing knowledge throughout the judicial system of core labor standards and the laws and regulations in place to support them is critical to success. An efficient and effective labor justice system is also of great importance. Training needed to assure these outcomes may include: Training in internationally recognized labor standards of the International Labor Organization, as well as training on the ILO's system for overseeing labor rights; Training in the national level obligations entailed in country ratification of ILO conventions. Training in the application of ILO core labor standards through domestic legislation and regulation. This includes relevant (a) Training in oral litigation procedures, legal writing and proper jurisprudence procedures; (b) Training and technical assistance to support linkages between the formal court system, alternative dispute resolution systems, and the enforcement process taking place within labor ministries to ensure consistency with international standards; and (c) Training and technical assistance to strengthen alternative dispute systems, or other arbitration and mediation mechanisms dealing with labor issues that are specifically associated with the judicial system.

OSHA solicits public comment concerning its request for an extension of the information collection requirement specified in its provision on Reports of Injuries to Employees Operating Mechanical Power Presses (29 CFR 1910.217(g)). This provision is contained in this Agency's Standard on Mechanical Power Presses (29 CFR part 1910).\1\

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)(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 Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection related to the 30 CFR Sections 70.209, 71.209, and 90.209 Mine Operator Dust Data Card; 70.201(c), 71.201(c), 90.201(c) Reporting Operator Sampling Dates; 70.202(b), 71.202(b), and 90.202(b)Dust Sampling Certification; 70.220(a), 71.220(a), and 90.220(a)Reporting Status Changes; and 71.300, 71.301(d),90.300, and 90.301(d)Respirable Dust Control Plan.

The Mine Safety and Health Administration is issuing an emergency temporary standard under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger which miners are exposed to during underground coal mine accidents and subsequent evacuations. The January 2006 mine accidents and fatalities demonstrate the need for the Mine Safety and Health Administration to take additional action that protects miners from the grave danger that they face when they must evacuate a mine after an emergency occurs. This emergency temporary standard includes requirements for immediate accident notification applicable to all underground and surface mines. In addition, this ETS addresses self-contained self-rescuer storage and use; evacuation training; and the installation and maintenance of lifelines in underground coal mines.

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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). This program helps to ensure that respondents can provide the requested data in the desired format, that the reporting burden (time and financial resources) on the public is minimized, that the public can understand the Department's collection instruments, and that the Department can properly assess the impact of its information collection requirements on respondents. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments on a proposed extension of the information collection provisions of Prohibited Transaction Class Exemption 2002-12, Cross-Trades of Securities by Index and Model-Driven Funds. A copy of the information collection request (ICR) can be obtained by contacting the individual shown in the ADDRESSES section of this notice.

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. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection related to the 30 CFR 57.22004(c), 57.22229, 5722230, 5722231, and 57.22239; Methane Detected in Mine Atmosphere.