Department of Labor 2006 – Federal Register Recent Federal Regulation Documents

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.

The U.S. Department of Labor (the Department), Employment and Training Administration (ETA) announces a grant competition for national grantee funding under the Senior Community Service Employment Program (SCSEP) authorized under title V of the Older Americans Act Amendments of 2000 (OAA Amendments), Pub. L. 106-501, 42 U.S.C. 3056 and implemented under 20 CFR part 641 (April 9, 2004). These projects will promote part-time work-based training opportunities in local communities for unemployed, low-income individuals who are age 55 and over, and will foster increased prospects for their economic self-sufficiency. SCSEP is the only nationwide Federal program that focuses on training and placing older individuals into community work-based training and unsubsidized employment. The total amount of funds available for this SGA is approximately $341,000,000, or 78 percent of the total appropriation for Program Year (PY) 2006 (July 1, 2006 through June 30, 2007). It is anticipated that no more than 20 awards will be made under this SGA, including at least one award to an Indian and Native American organization and at least one award to an Asian Pacific Islander organization, as required by section 506(a)(3) of the OAA Amendments. Eligible entities include any non-profit organization, Federal public agency, or Tribal organization that has the ability to operate in more than one state and that meets the eligibility and responsibility requirements outlined in 20 CFR part 641 subpart D. The remaining 22 percent of the appropriation is reserved for state formula-funded programs and therefore, is not included in this SGA. The Department is holding a full and open competition in order to provide better services to SCSEP participants, employers, and the communities served by the national grant program. Open competition is not only the preferred vehicle for obtaining new grantees, but in most cases, it is the required vehicle for obtaining new grantees. The Department favors full and open competition because it provides an opportunity to ensure that the best applicants are awarded grants and that the program is administered effectively. The Department held the first competition for national grant funding in PY 2003. As a result of that competition, the Department selected four new national grantees, and made extensive changes to the areas served by the incumbent grantees. These grantees provide diversity in services, including expertise in serving individuals with disabilities and minority populations as well as close connections with One-Stop Career Centers. The Department deems it important to maintain diversity among qualified service providers to the extent possible. The Department is especially interested in organizations that demonstrate a partnership with local One-Stop Career Centers and community colleges and that promote employment through high growth job opportunities. Under this SGA, the Department will be consolidating grantee service areas to increase program effectiveness and achieve economies of scale. Therefore, applicants are required to apply for contiguous locations within a state. Applicants applying as Asian and Pacific Islander and/or Indian organizations, pursuant to section 506(a)(3) of title V of the OAA, are exempt from this contiguousness requirement. The Department reserves the right to negotiate with successful applicants on the final service areas.

This notice is a request for comments from the public to assist the Secretary of Labor, the United States Trade Representative, and the Secretary of State in preparing reports regarding labor rights in the Republic of Korea and describing the extent to which it has in effect laws governing exploitative child labor. The Trade Act of 2002 requires reports on these issues and others when the President intends to use trade promotion authority procedures in connection with legislation approving and implementing a trade agreement. The President assigned the functions of preparing reports regarding labor rights and the existence of laws governing exploitative child labor to the Secretary of Labor, in consultation with the Secretary of State and the United States Trade Representative. The Secretary of Labor further assigned these functions to the Secretary of State and the United States Trade Representative, to be carried out by the Secretary of Labor, the Secretary of State and the United States Trade Representative.

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. As designee of the Secretary, we have 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 we published a notice of the filing of the petition for modification.

The Department of Labor (the Department), 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). This program helps to ensure that the data the Department gathers can be provided in the desired format, the reporting burden (time and financial resources) is minimized, the public clearly understands the Department's collection instruments, and the Department can accurately assess the impact of collection requirements on respondents. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments concerning an extension of the information collections in the regulation implementing the requirement under the Employee Retirement Income Security Act of 1974 (ERISA) that administrators of employee benefit plans annually furnish participants and certain beneficiaries a statement that fairly summarizes the plan's latest annual report. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.

MSHA will hold a public meeting to receive comments on specific topics raised in its Request for Information (RFI) published in the Federal Register on January 25, 2006 (71 FR 4224). The RFI sought comments, data, and other information on topics relevant to underground mine rescue equipment and technology. The purpose of the meeting is to receive technical information with respect to technology used for underground communications and tracking of underground miners in order to improve mine rescue capabilities in both coal and in metal and nonmetal mines.