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

This notice announces the Occupational Safety and Health Administration's final decision renewing and expanding the recognition of Southwest Research Institute (SWRI) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

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 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 Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed reinstatement of the ``Current Population Survey (CPS) Volunteer Supplement.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations.

In the 21st century global economy, talent development is a critical component in our nation's economic competitiveness. To stay ahead of global competition, we must identify strategies to further integrate workforce development, economic development, and education at the regional levelwhere companies, workers, researchers, entrepreneurs and governments come together to create a competitive advantage. Launched in February 2006, the Workforce Innovation in Regional Economic Development (WIRED) Initiative focuses on the role of talent development in driving regional economic competitiveness, job growth and new opportunities for American workers. The goal of WIRED is to expand employment and advancement opportunities for workers and catalyze the creation of high-skill and high-wage opportunities in regional economies. The WIRED Initiative is currently providing regions across the country with grant funding and ongoing technical assistance from ETA and a cadre of experts in order to help them achieve these goals. To further support regions that are seeking to transform their economies and enhance their global competitiveness through talent development, ETA is announcing a new round of grants for the third generation of regions under the WIRED Initiative. The third generation is designed to fully engage local workforce investment boards in collaborative partnerships and transformational leadership within regional economies nationwide. The Department of Labor is making $65 million available for this new round of grants. This round of the WIRED Initiative will take place over the course of three years and the Department anticipates that individual grant awards will total $5 million over this period. Only Governors may apply on behalf of regions within their states or across state lines. Each Governor may submit up to two applications.

The Employment and Training Administration (ETA) of the U.S. Department of Labor (Department or DOL) is issuing this Notice to announce the 2007 AEWRs for employers seeking to employ temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H-2A workers) or logging (H-2 logging workers); the allowable charges for 2007 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 2007. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers of H-2A workers or H-2 logging workers to U.S. and foreign workers. AEWRs are established in order to prevent the employment of these foreign workers from adversely affecting wages of similarly employed U.S. workers. The Department also announces the minimum and maximum charge of travel subsistence expenses a worker may claim in 2007.

The Employment and Training Administration (ETA), U.S. Department of Labor (DOL), announces the availability of approximately $2.5 million in grant funds for demand-driven regional approaches to meeting the workforce challenges of the long-term care sector of the health care industry under the President's High Growth Job Training Initiative. The President's High Growth Job Training Initiative (HGJTI) is a strategic effort to prepare workers for new and increasing job opportunities in high-growth, high-demand, and economically vital industries and sectors of the American economy. Through the initiative, ETA identifies high-growth, high-demand industries, evaluates their skill needs, and funds local and national partnership-based demonstration projects that: (a) Address workforce challenges identified by employers; and (b) prepare workers for good jobs with career pathways in these rapidly expanding or transforming industries. When linked to broader regional economic and talent development strategies, the HGJTI approach strengthens regional employment and economic opportunities. The products, models, and effective approaches that result from HGJTI investments will be broadly disseminated to employers, education and training providers, and the workforce system to build their capacity to respond to employers' workforce needs. Grant funds awarded under this Solicitation for Grant Applications (SGA) should be used to implement industry-driven training solutions that address the long-term care sector's critical workforce challenges. Each solution must take place in the context of a regional strategic partnership between the workforce investment system, long-term care employers, and education and training providers, as well as other public and private sector partners that bring critical assets to the table. Proposed solutions should take full advantage of existing workforce development models, promising practices, and tools. Solutions must either take an existing promising solution, model, or approach to scale in the region or adapt a solution that has been demonstrated to have positive impact on the identified workforce development challenges in another region. Applicants may be public, private for-profit, and private non- profit organizations. It is anticipated that average individual awards will be approximately $500,000.

In response to the subject solicitation, inquiries have been received regarding the requirements of the solicitation. This notice publishes the inquiries and the responses to the inquiries. Due to the pending closing date of February 23, 2007 no further questions will be entertained.

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in its Regulation on Access to Employee Exposure and Medical Records (29 CFR 1910.1020).

This notice provides the revised schedule of fees to be charged by the Occupational Safety and Health Administration (OSHA) to Nationally Recognized Testing Laboratories (NRTLs). OSHA charges fees for specific types of services it provides to NRTLs. The fees charged to NRTLs first went into effect on October 1, 2000.

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 Veterans' Employment and Training Service (VETS) is soliciting comments concerning the proposed information collection request for the VETS USERRA/VP Form 1010.

The Women's Bureau and the Employment and Training Administration's (ETA) Office of Apprenticeship, U.S. Department of Labor (DOL), announce the availability of $972,180 to establish a grant program for the purpose of assisting employers and labor unions in the placement and retention of women in apprenticeship and nontraditional occupations. This program year 2006 SGA is authorized under the Women in Apprenticeship and Nontraditional Occupations (WANTO) Act of 1992, Pub. L. 102-530, 29 U.S.C. 2501 et seq. To that end, the OA and the WB plan to disburse 2006 WANTO grant funds to three community-based organizations (CBOs) including faith-based organizations (FBOs)/ registered apprenticeship program (RAP) consortia to conduct innovative projects to improve the recruitment, selection, training, employment, and retention of women in apprenticeships in the construction industry. Each CBO/RAP consortium must consist of a minimum of: (1) a construction industry Registered Apprenticeship Program sponsor, and (2) a CBO (which may be faith based) with demonstrated experience in securing job training services from established training institutions such as community colleges, and providing placement and support services to women in construction industry jobs. It is anticipated that awards will be in the amount of approximately $300,000.

This document contains an interim final rule that implements the content requirements for the written cross-trading policies and procedures required under section 408(b)(19)(H) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act). Section 611(g) of the Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780, 972, amended section 408(b) of ERISA by adding a new subsection (19) that exempts the purchase and sale of a security between a plan and any other account managed by the same investment manager if certain conditions are satisfied. Among other requirements, section 408(b)(19)(H) stipulates that the investment manager must adopt, and effect cross-trades in accordance with, written cross- trading policies and procedures that are fair and equitable to all accounts participating in the cross-trading program. This interim final rule would affect employee benefit plans, investment managers, plan fiduciaries and plan participants and beneficiaries.