Department of Labor January 2007 – Federal Register Recent Federal Regulation Documents

Proposed Collection; Comment Request
Document Number: E7-1486
Type: Notice
Date: 2007-01-31
Agency: Employment Standards Administration, Department of Labor
The DOL, 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: Fair Labor Standards Act Recordkeeping Requirements. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Avondale Mills, Inc., Townsend Plant, Graniteville, SC; Notice of Termination of Investigation
Document Number: E7-1474
Type: Notice
Date: 2007-01-31
Agency: Employment and Training Administration, Department of Labor
National Apparel, LLC, San Francisco, CA; Notice of Termination of Investigation
Document Number: E7-1473
Type: Notice
Date: 2007-01-31
Agency: Employment and Training Administration, Department of Labor
Aerotek Staffing Agency, Kentwood, MI; Notice of Termination of Investigation
Document Number: E7-1470
Type: Notice
Date: 2007-01-31
Agency: Employment and Training Administration, Department of Labor
Davis International, Okolona, MS; Notice of Negative Determination Regarding Application for Reconsideration
Document Number: E7-1469
Type: Notice
Date: 2007-01-31
Agency: Employment and Training Administration, Department of Labor
Via Information Tools Incorporated, Troy, MI; Notice of Termination of Investigation
Document Number: E7-1468
Type: Notice
Date: 2007-01-31
Agency: Employment and Training Administration, Department of Labor
Regulations Implementing the Black Lung Benefits Act of 1969, as Amended
Document Number: E7-1432
Type: Rule
Date: 2007-01-30
Agency: Employment Standards Administration, Department of Labor
This final rule eliminates the procedural requirement that the Department's administrative law judges include the parties' names in decisions and orders issued in Black Lung Benefits Act claims. The Department is revising the rule to give the Office of Administrative Law Judges more flexibility in captioning these decisions. This will allow the Department the flexibility to limit the amount of personal information about black lung claimants that is included in published final decisions.
Submission for OMB Review: Comment Request
Document Number: E7-1388
Type: Notice
Date: 2007-01-30
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: E7-1387
Type: Notice
Date: 2007-01-30
Agency: Office of the Secretary, Department of Labor
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
Document Number: E7-1350
Type: Notice
Date: 2007-01-29
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration is issuing this notice to announce the receipt of a ``Certification of Non-Relocation and Market and Capacity Information Report'' (Form 4279-2) for the following: Applicant/Location: Dolphins America, LLC/Roanoke Rapids, North Carolina. Principal Product: The loan, guarantee, or grant application is for facility construction and start-up operating budget. The NAICS industry code for this enterprise is 713110 (Amusement Parkse.g., theme, water).
Labor Organization Annual Financial Reports, Forms LM-2, LM-3, LM-4.
Document Number: E7-1275
Type: Rule
Date: 2007-01-26
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
On December 22, 2002, the Department of Labor (Department) proposed revisions to Forms LM-2, LM-3, and LM-4, which are used by labor organizations to file annual financial reports required under Title II of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 401 et seq., with the Employment Standards Administration's Office of Labor-Management Standards (OLMS). A portion of the proposed rule stated the Department's intent to revise its interpretation of an aspect of the definition of ``labor organization * * * deemed to be engaged in an industry affecting commerce'' under the LMRDA. After receiving and considering comments, the Department published its final rule on October 9, 2003. The interpretation in the final rule stated that intermediate bodies that are subordinate to a national or international labor organization that includes a labor organization will be covered by the LMRDA, even if the intermediate body's constituents are solely public sector local labor unions not covered by the Act. This interpretation of the LMRDA was challenged in federal district court by labor unions affected by the interpretation, and the court granted summary judgment in favor of the labor unions. Alabama Education Ass'n v. Chao, 2005 WL 736535 (D.D.C. Mar 31, 2005). On appeal, the U.S. Court of Appeals for the District of Columbia Circuit reversed the grant of summary judgment. Alabama Education Ass'n v. Chao, 455 F.3d 386 (D.C. Cir. 2006). The court of appeals held that the Department's interpretation was reviewable under deference principles established under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), and that the statutory definition of ``labor organization * * * deemed to be engaged in an industry affecting commerce'' is ambiguous and subject to more than one permissible interpretation, including the Department's interpretation. 455 F.3d at 393, 396. The court also concluded, however, that the Department had failed to provide a ``reasoned analysis supporting its change of position'' and remanded the rule to the Department to provide such analysis. Id. at 396-397. The Department issues this Policy Statement in response to the court's remand order.
Request for Information on the Family and Medical Leave Act of 1993; Extension of Comment Period
Document Number: 07-353
Type: Proposed Rule
Date: 2007-01-26
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
This notice extends the period for comments to be submitted on the request for information (``RFI'') published on December 1, 2006 (71 FR 69504) related to the Family and Medical Leave Act of 1993 (the ``FMLA'' or the ``Act''). That request for information invites the public to provide information to the Department of Labor (``Department'') to assist in its consideration and review of the Department's administration of the Act and the implementing regulations. The Department has received inquiries regarding the possibility of extending the comment period, particularly since the RFI was published in December and part of the comment period fell over the holidays. The comment period, which was to expire on February 2, 2007, is hereby extended 14 days to February 16, 2007 at 5 p.m. (EST).
America's Job Bank
Document Number: E7-1106
Type: Notice
Date: 2007-01-25
Agency: Employment and Training Administration, Department of Labor
The U.S. Department of Labor's (USDOL) Employment and Training Administration (ETA) intends to provide hyperlinks to Web sites to aid customers to find an alternative job bank when America's Job Bank (AJB) is phased out on June 30, 2007. ETA is issuing this notice to solicit information from private-sector job bank Web sites interested in applying to be included in the list of Web links.
Advanced Technology Corp., Geneva, OH; Notice of Termination of Investigation
Document Number: E7-1075
Type: Notice
Date: 2007-01-25
Agency: Employment and Training Administration, Department of Labor
Reel Quick, Inc., Lincoln, NE; Notice of Termination of Investigation
Document Number: E7-1072
Type: Notice
Date: 2007-01-25
Agency: Employment and Training Administration, Department of Labor
Valley Mills, Inc., Valley Head, AL; Notice of Termination of Investigation
Document Number: E7-1071
Type: Notice
Date: 2007-01-25
Agency: Employment and Training Administration, Department of Labor
Prohibited Transaction Exemption 2007-01; Grant of Individual Exemptions Involving; The Plumbers and Pipefitters National Pension Fund (the Fund)
Document Number: E7-970
Type: Notice
Date: 2007-01-24
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 (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.
Notice of a Proposed Amendment to Prohibited Transaction Exemption (PTE) 2000-58, 65 FR 67765 (November 13, 2000) and PTE 2002-41, 67 FR 54487 (August 22, 2002) Involving Bear, Stearns & Co. Inc., Prudential Securities Incorporated, et al. to Add Dominion Bond Rating Service Limited and Dominion Bond Rating Service, Inc. to the Definition of “Rating Agency” (D-11370)
Document Number: E7-969
Type: Notice
Date: 2007-01-24
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a notice of pendency before the Department of Labor (the Department) of a proposed amendment to the Underwriter Exemptions. The Underwriter Exemptions are individual exemptions that provide relief for the origination and operation of certain asset pool investment trusts and the acquisition, holding and disposition by employee benefit plans (Plans) of certain asset-backed pass-through certificates representing undivided interests in those investment trusts. The proposed amendment, if granted, would expand the definition of ``Rating Agency'' in section III. X of the Underwriter Exemptions to include Dominion Bond Rating Service Limited (DBRS Limited) and Dominion Bond Rating Service, Inc. (DBRS, Inc.). The proposed amendment, if granted, would affect the participants and beneficiaries of the Plans participating in such transactions and the fiduciaries with respect to such plans.
Advisory Committee on Construction Safety and Health (ACCSH); Request for Nominations
Document Number: E7-1013
Type: Notice
Date: 2007-01-24
Agency: Department of Labor, Occupational Safety and Health Administration
The Assistant Secretary of Labor for Occupational Safety and Health invites interested parties to submit nominations for membership on ACCSH.
Submission for OMB Review: Comment Request
Document Number: E7-757
Type: Notice
Date: 2007-01-22
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: E7-678
Type: Notice
Date: 2007-01-19
Agency: Office of the Secretary, Department of Labor
Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting
Document Number: E7-606
Type: Notice
Date: 2007-01-18
Agency: Department of Labor, Occupational Safety and Health Administration
The Maritime Advisory Committee for Occupational Safety and Health (MACOSH) was established to advise the Assistant Secretary of Labor for Occupational Safety and Health on issues relating to occupational safety and health in the maritime industries. The purpose of this Federal Register notice is to announce the MACOSH and workgroup meetings scheduled for February 7 and 8, 2007.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Qualification and Certification Program
Document Number: E7-603
Type: Notice
Date: 2007-01-18
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 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 Title 30, CFR Sec. 75.153(a)(2) and Sec. 77.103(a)(2) require that a program be provided for the qualification of certain experienced personnel as mine electricians. A qualified person is one who has had at least one year of experience in performing electrical work underground in a coal mine, in the surface work area of an underground coal mine, in a surface coal mine, in a noncoal mine, in the mine equipment manufacturing industry, or in any other industry using or manufacturing similar equipment, and has satisfactorily completed a coal mine electrical training program.
Proposed Collection; Comment Request
Document Number: E7-560
Type: Notice
Date: 2007-01-18
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: Medical Travel Refund Request (OWCP-957). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Proposed Collection; Comment Request
Document Number: E7-559
Type: Notice
Date: 2007-01-18
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: Securing Financial Obligations under the Longshore and Harbor Workers' Compensation Act and its Extension (LS-276, LS-275-IC and LS-275-SI). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Syngenta Crop Protection; Pasadena, TX; Notice of Termination of Investigation
Document Number: E7-465
Type: Notice
Date: 2007-01-16
Agency: Employment and Training Administration, Department of Labor
Unemployment Compensation-Eligibility
Document Number: E7-155
Type: Rule
Date: 2007-01-16
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department) is issuing this Final Rule to implement the requirements of the Social Security Act (SSA) and the Federal Unemployment Tax Act (FUTA) that limit a State's payment of unemployment compensation (UC) only to individuals who are able and available (A&A) for work. This rule applies to all State UC laws and programs.
Proposed Information Collection Request for Form MA 8-7, Transmittal for Unemployment Insurance Materials; Comment Request
Document Number: E7-352
Type: Notice
Date: 2007-01-12
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 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 Form MA 8-7, Transmittal for Unemployment Insurance Materials. 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 by accessing: http://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.
Labor Condition Application Requirements for Employers Seeking To Use Nonimmigrants on E-3 Visas in Specialty Occupations; Filing Procedures
Document Number: 07-44
Type: Proposed Rule
Date: 2007-01-12
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (the Department or DOL) is proposing to amend its regulations regarding the temporary employment of nonimmigrant foreign professionals to implement procedural requirements applicable to the new E-3 visa category. This new visa classification was established by title V of the REAL ID Act of 2005 (Division B) in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, and applies to certain Australian nationals coming to the United States solely to perform services in specialty occupations. This Notice of Proposed Rulemaking (NPRM or proposed rule) clarifies the procedures that employers must follow in obtaining a DOL-certified labor condition application before seeking an E-3 visa for a foreign worker.
Proposed Collection; Comment Request
Document Number: E7-162
Type: Notice
Date: 2007-01-11
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 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 Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed reinstatement of the ``National Longitudinal Survey of Youth 1979.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed in the Addresses section of this notice.
Submission for OMB Review: Comment Request
Document Number: E7-164
Type: Notice
Date: 2007-01-10
Agency: Office of the Secretary, Department of Labor
Proposed Collection; Comment Request
Document Number: E7-160
Type: Notice
Date: 2007-01-10
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: Claim for Reimbursement of Benefit Payments and Claims Expense Under the War Hazards Compensation Act (CA-278). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.
Proposed Collection; Comment Request
Document Number: E7-159
Type: Notice
Date: 2007-01-10
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: Vehicle Mechanical Inspection Report for Transportation Subject to Department of Transportation Requirements (WH-514); Vehicle Mechanical Inspection Report for Transportation Subject to Department of Labor Safety Standards (WH-514a) and Doctor's Certificate (WH-515). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.
Colgate Palmolive Company; Kansas City, KS; Notice of Termination of Investigation
Document Number: E7-146
Type: Notice
Date: 2007-01-10
Agency: Employment and Training Administration, Department of Labor
T.A. Service Corporation; Newark, NJ; Notice of Termination of Investigation
Document Number: E7-145
Type: Notice
Date: 2007-01-10
Agency: Employment and Training Administration, Department of Labor
Showood, Inc.; Ecru, MS; Notice of Termination of Investigation
Document Number: E7-144
Type: Notice
Date: 2007-01-10
Agency: Employment and Training Administration, Department of Labor