Department of Labor 2006 – Federal Register Recent Federal Regulation Documents

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 (ERISA or 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.

The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2007.

The U.S. Department of Labor (DOL) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under Federal antidiscrimination and whistleblower protection laws. This notice fulfills DOL's notification obligations under the Notification and Federal Employees Antidiscrimination and Retaliation Act (NO FEAR Act), as implemented by Office of Personnel Management (OPM) regulations.

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 and Training Administration is soliciting comments concerning the proposed extension of the data collection for the Workforce Investment Act: National Emergency Grant (NEG) AssistanceApplication and Reporting Procedures (1205-0439, expires January 31, 2007). 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 or at this Web site: https:// www.doleta.gov/OMBCN/OMBControlNumber.cfm.

The Employment and Training Administration interprets Federal law requirements pertaining to the Federal-State unemployment compensation (UC) program. Section 303(a)(1), Social Security Act, as implemented at 20 CFR part 603 (71 FR 56830), generally requires States to maintain the confidentiality of UC information. Section 603.9 of 20 CFR requires States and State UC agencies to assure that recipients of confidential UC information have certain safeguards in place before any confidential information may be disclosed. Section 603.9(d) provides that States are not required to apply these safeguard and security arrangements to a Federal agency which the Department of Labor (Department) has determined, by notice published in the Federal Register, to have in place safeguards adequate to satisfy the requirements of Sec. 603.9. The Department has determined that the Internal Revenue Service (IRS) has in place such safeguards for purposes of tax administration, including administration of the Federal unemployment tax and the Health Coverage Tax Credit. Specifically, Section 6103 of the Internal Revenue Code and IRS regulations on the confidentiality of tax return information (26 CFR 301.6103(a)-1 et seq.) are sufficient to protect the confidentiality of information consistent with the Department's regulation. The Department has also determined that wage and claim information disclosed to the Department of Health and Human Services for purposes of the National Directory of New Hires is protected by a ``security plan'' which provides safeguards adequate to meet the requirements of the Department's regulation. Further, laws governing information in the National Directory of New Hires impose strict controls on redisclosure and disposal of information. See, e.g., 42 U.S.C. 653(i), (j), (l), and (m). This notice is published to inform the public of the Department's determination with respect to these agencies.

The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to State unemployment funds to obtain certain credits against their liability for the Federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.

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 and Training Administration is soliciting comments concerning the proposed extension of the ETA 218, Benefits Rights and Experience. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressees section of this notice or by accessing: https:// www.doleta.gov/OMBCN/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: Claim for Compensation by Dependents Information Reports (CA-5, CA-5b, CA-1031, CA-1074, Letter of Compensation Due at Death and Letter of Student/Dependency). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

Congress created NACOSH to advise the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the Occupational Safety and Health Act of 1970. The purpose of this Federal Register notice is to announce the upcoming NACOSH meeting. The Agenda items for the meeting will include updates on activities of both the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH). Presentation will also be made on the following: National Occupational Research Agenda (NORA); Cooperative Programs; Enforcement Update; Standards Update; and Cranes and Derricks Small Business Regulatory Enforcement Fairness Act (SBREFA) Update.