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

The Department of Labor (Department or DOL) is proposing to revise the child labor regulations in order to implement an amendment to the Fair Labor Standards Act's child labor provisions, contained in the Department of Labor Appropriations Act, 2004 (Pub. L. 108-199), which authorizes under specified conditions the employment of certain youth between the ages of 14 and 18 years inside and outside of places of business that use machinery to process wood products. The Department is proposing to revise Child Labor Regulation No. 3, subpart C of 29 CFR part 570, which governs the employment of 14- and 15-year-olds in nonagricultural occupations by revising the lists of occupations and industries in which such youth may and may not be employed. The Department is also proposing to clarify, but not change, the standards addressing the permitted periods and conditions under which such youth may be employed and to create a limited exemption from those standards for certain academically motivated youth enrolled in work-study programs. The Department is also proposing to revise several of the nonagricultural Hazardous Occupations Orders (HOs) to implement specific recommendations made by the National Institute for Occupational Safety and Health in its 2002 report entitled National Institute for Occupational Safety and Health (NIOSH) Recommendations to the U.S. Department of Labor for Changes to Hazardous Orders. The HOs affected by this proposal concern occupations involved with logging and sawmilling; meat processing; and the operation of power-driven hoisting equipment, bakery equipment, compacting and baling equipment, and certain cutting, shearing, and guillotining equipment. In addition, the Department is proposing to provide clarity by incorporating into the regulations three long-standing enforcement positions regarding the cleaning of power-driven meat processing equipment, the operation of certain power-driven pizza-dough rollers, and the definition of high-lift trucks. The Department is also proposing to expand the HO that prohibits youth from operating power- driven circular saws, band saws, and guillotine shears to include prohibitions concerning the operation of power-driven chain saws, wood chippers, and reciprocating saws. Finally, the Department proposes to revise subpart G of the child labor regulations, which is entitled General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended. The proposal would incorporate into this subpart all the regulatory changes made since this subpart was last revised in 1971.

The Employment and Training Administration (ETA), U.S. Department of Labor (DOL), announces the availability of approximately $5 million in Responsible Reintegration of Youthful Offender grant funds to address the specific workforce challenges of ex-offenders and produce positive outcomes with a particular focus on employment and reduced recidivism. Projects funded under this competition will be consistent with both DOL's Youth Vision and President Bush's Faith- Based and Community Initiative. Grant funds awarded under this competition will be used to implement a program of services for ex-offenders (ages 18 to 29) under a beneficiary-choice contracting model. The beneficiary choice contracting model, to be explained more fully later, involves providing program participants with an independent choice among multiple service providers for specific services. Participants will receive case management services from the grantee, but will choose among contracted specialized service providers for more in-depth services, including soft-skills training and long-term follow up on participant outcomes. The grantee will compensate the contracted specialized service providers on a per capita basis for services provided, as well as per capita performance-based incentives. The overarching objective of these programs will be to help ex- offenders receive services and training, enter and retain employment, and avoid recidivism. Each application must provide evidence of partnerships with a network of faith-based and community organizations (FBCOs), the public workforce investment system and the criminal justice system. Strategic partnerships between business representatives from high-growth/high-demand industries and the education and training community are also encouraged. It is anticipated that individual awards will average $1,000,000 for the first year of operation to serve 225 participants per site. Supplementary Information: This solicitation provides background information on Beneficiary Choice Contracting and critical elements required of projects funded under the solicitation. It also describes the application submission requirements, the process that eligible applicants must use to apply for funds covered by this solicitation, and how grantees will be selected. This announcement consists of eight parts: Part I provides background information on Beneficiary Choice Contracting, DOL's Youth Vision, and The President's Faith-Based and Community Initiative. Part II describes the size and nature of the anticipated awards. Part III describes the qualifications of an eligible applicant. Part IV provides information on the application and submission process. Part V explains the review process and rating criteria that will be used to evaluate applications. Part VI provides award administration information. Part VII contains ETA contact information. Part VIII contains other information for applicants.

(Applicants For a Cooperative Agreement Should Read This Notice In Its Entirety): The U.S. Department of Labor (USDOL), Veterans' Employment and Training Service (VETS), announces a cooperative agreement competition under 38 U.S.C. Section 2021, as added by Section 5 of Public Law 107-95, the Homeless Veterans Comprehensive Assistance Act of 2001 (HVCAA). Section 2021 authorizes programs to expedite the reintegration of homeless veterans into the labor force. In order to assist the USDOL-VETS in carrying out 38 U.S.C. 2021, it is announcing the availability of funds for a cooperative agreement to assist in developing a National Technical Assistance Center (NTAC) for the Homeless Veterans' Reintegration Program (HVRP). The primary objective of the HVRP NTAC will be to provide general technical assistance on veterans' homelessness programs and issues to existing HVRP grantees (approximately 80 grantees nationwide), potential HVRP applicants, employers, Veterans Service Organizations, Federal, State, and local agency partners, non-profit organizations (including faith- based and community organizations), the general public, and other interested stakeholders. Successful applicant(s) will assist USDOL-VETS by providing general technical assistance and guidance to eligible HVRP entities relating to assistance for homeless veterans under the HVRP and related programs that assist homeless veterans. Applicants will also be responsible for developing, conducting, and documenting extensive outreach efforts to national, state, and local employers to increase their awareness of HVRP and its objectives in order to increase job opportunities for homeless veterans. Applicants will also be responsible for assisting USDOL-VETS by contacting current HVRP grantees in order to extract, document, and share at least 20 best HVRP practices with other HVRP grantees and potential applicants. Finally, applicants will assist USDOL-VETS by conducting general research and studies as determined by USDOL-VETS. Entities that are interested in assisting USDOL-VETS in providing technical assistance are to be aware that historically the HVRP annually receives thousands of nationwide inquiries via telephone, written correspondence, and e-mail concerning homeless veterans and HVRP in general. The awardee(s) will be responsible for answering 100 percent of these technical assistance inquiries. Applicants are to be aware of and assist USDOL-VETS and their grantees in implementing the HVRP objectives: (1) To provide services to assist in reintegrating homeless veterans into meaningful employment within the labor force, and (2) to stimulate the development of effective service delivery systems that will address the complex problems facing homeless veterans. Under this solicitation for cooperative agreement(s) covering Program Year (PY) 2007, VETS anticipates that up to $500,000 will be available for a cooperative agreement award(s) up to a maximum total award of $500,000. Depending on the quality and content of the applications received, USDOL-VETS expects to award one (1) to (2) cooperative agreements. This notice contains all of the necessary information and forms to apply for funding. The period of performance for this PY 2007 cooperative agreement(s) will be July 1, 2007 through June 30, 2008. Two (2) optional years of additional funding may be available, depending upon Congressional appropriations, the agency's decision to exercise the optional year(s) of funding, and awardee(s) satisfactory technical and financial performance.

OSHA proposes to revise the explosives and blasting agents standard in subpart H of part 1910. This revision of Sec. 1910.109 is intended to enhance the protections provided to employees engaged in the manufacture, storage, sale, transportation, handling, and use of explosives. The proposal updates and clarifies the regulatory language, addresses regulatory inconsistencies between OSHA and other Federal agencies, incorporates updated consensus standards, and provides the regulated community with greater compliance flexibility.

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 Sections 317(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 877(c), and 30 CFR 75.1702 which prohibits persons from smoking or carrying smoking materials underground or in places where there is a fire or explosion hazard. Section 75.1702-1 requires that the mine operator submit the program plan to MSHA for approval.

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration is soliciting comments on the proposed extension of the information collection provisions of its final rule at 29 CFR Part 2590, Health Care Continuation Coverage. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration is soliciting comments on the proposed extension of the information collection provisions of Prohibited Transaction Class Exemption 91-55. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.

This Notice announces states' allotments for PY 2007 (July 1, 2007-June 30, 2008) for WIA Title I Youth, Adults and Dislocated Worker Activities programs; additional PY 2007 funding from WIA Section 173(e) for eligible states; final allotments for Employment Service (ES) activities under the Wagner-Peyser Act for PY 2007; and Work Opportunity Tax Credit and Welfare-to-Work Tax Credit program allotments for FY 2007. The WIA allotments for states and the final allotments for the Wagner-Peyser Act are based on formulas defined in their respective statutes. The WIA allotments for the outlying areas are based on a formula determined by the Secretary. As required by WIA section 182(d), on February 17, 2000, a Notice of the discretionary formula for allocating PY 2000 funds for the outlying areas (American Samoa, Guam, Marshall Islands, Micronesia, Northern Marianas, Palau, and the Virgin Islands) was published in the Federal Register at 65 FR 8236 (February 17, 2000). The rationale for the formula and methodology was fully explained in the February 17, 2000, Federal Register Notice. The formula for PY 2007 is the same as used for PY 2000 and is described in the section on Youth Activities program allotments. Comments are invited on the formula used to allot funds to the outlying areas.

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in its Asbestos in General Industry Standard (29 CFR 1910.1001). The Standard protects employees from the adverse health effects that may result from occupational exposure to Asbestos in General Industry, including asbestosis, an emphysema-like condition; lung cancer; mesothelioma; and gastrointestinal cancer.

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 Employment and Training Administration is soliciting comments concerning the Job Corps Enrollee Allotment Determination. 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