Department of Labor 2008 – Federal Register Recent Federal Regulation Documents

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Petitions for Modification
Document Number: E8-31121
Type: Notice
Date: 2008-12-31
Agency: Department of Labor, Mine Safety and Health Administration
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.
Submission for OMB Review: Comment Request
Document Number: E8-31083
Type: Notice
Date: 2008-12-31
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: E8-31082
Type: Notice
Date: 2008-12-31
Agency: Office of the Secretary, Department of Labor
Refuge Alternatives for Underground Coal Mines
Document Number: E8-30669
Type: Rule
Date: 2008-12-31
Agency: Department of Labor, Mine Safety and Health Administration
The final rule establishes the Mine Safety and Health Administration's (MSHA) requirements for refuge alternatives in underground coal mines and the training of miners in their use. It includes testing and approval requirements. The final rule implements section 13 of the Mine Improvement and New Emergency Response (MINER) Act of 2006. Consistent with the MINER Act, it includes MSHA's response to the National Institute for Occupational Safety and Health (NIOSH) Report on Refuge Alternatives.
Flame-Resistant Conveyor Belt, Fire Prevention and Detection, and Use of Air From the Belt Entry
Document Number: E8-30639
Type: Rule
Date: 2008-12-31
Agency: Department of Labor, Mine Safety and Health Administration
This final rule addresses the recommendations of the Technical Study Panel (Panel) on the Utilization of Belt Air and the Composition and Fire Retardant Properties of Belt Materials in Underground Coal Mining. The Panel was established under Section 11 of the Mine Improvement and New Emergency Response (MINER) Act of 2006. The final rule is consistent with the Panel's recommendations and includes requirements for: Flame-resistant conveyor belts; training Atmospheric Monitoring System operators; levels of respirable dust in belt entries; airlocks along escapeways; minimum and maximum air velocities; approval for the use of air from the belt entry to ventilate working sections; monitoring point-feed regulators; smoke sensors; standardized tactile signals on lifelines; replacing point-type heat sensors with carbon monoxide sensors; and belt conveyor and belt entry maintenance.
Mt. Pleasant Hosiery Mills, Inc., Mt. Pleasant, NC; Notice of Termination of Investigation
Document Number: E8-30935
Type: Notice
Date: 2008-12-30
Agency: Employment and Training Administration, Department of Labor
True Textiles, Inc., Also Known As Interface Fabrics, Elkin, NC; Notice of Termination of Investigation
Document Number: E8-30920
Type: Notice
Date: 2008-12-30
Agency: Employment and Training Administration, Department of Labor
Chrysler LLC, Kokomo, IN; Notice of Termination of Investigation
Document Number: E8-30919
Type: Notice
Date: 2008-12-30
Agency: Employment and Training Administration, Department of Labor
Carolina Cargo Express, LLC, Forest City, North Carolina; Notice of Termination of Investigation
Document Number: E8-30913
Type: Notice
Date: 2008-12-30
Agency: Employment and Training Administration, Department of Labor
Fee Adjustment for Testing, Evaluation, and Approval of Mining Products
Document Number: E8-30623
Type: Notice
Date: 2008-12-24
Agency: Department of Labor, Mine Safety and Health Administration
This notice describes MSHA's revised fee schedule for testing, evaluating, and approving mining products as permitted by 30 CFR 5.50. MSHA charges applicants a fee to cover its costs associated with testing and evaluating equipment and materials manufactured for use in the mining industry. The new fee schedule, effective January 1, 2009, is based on MSHA's direct and indirect costs for providing services during fiscal year (FY) 2008.
Proposed Extension to the Approval of Information Collection Requirements
Document Number: E8-30525
Type: Notice
Date: 2008-12-24
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 its proposal to extend OMB approval of the information collection: Statement of Recovery Forms (CA/EN-1108, SOL/EN-1108, and CA/EN-1122). 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 Extension of the Approval of Information Collection Requirements
Document Number: E8-30524
Type: Notice
Date: 2008-12-24
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 its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Request for Earnings Information (LS-426). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.
Application Nos. and Proposed Exemptions: D-11336, Camino Medical Group, Inc. Employee Retirement Plan (the Retirement Plan); D-11458, The Bank of New York Mellon Corporation (the Applicant); and D-11465, United States Steel and Carnegie Pension Fund (the Applicant), et al.
Document Number: E8-30513
Type: Notice
Date: 2008-12-24
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions 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).
Prohibited Transaction Exemptions and Grant of Individual Exemptions involving: 2008-15, Popular, Inc., Banco Popular de Puerto Rico, and Popular Financial Holdings, Inc. (collectively, the Applicants), D-11396; and 2008-16, BlackRock, Inc. (BlackRock, and The PNC Financial Services Group, Inc. (PNC) (collectively, the Applicants), D-11453
Document Number: E8-30512
Type: Notice
Date: 2008-12-23
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 Proposed Individual Exemption To Replace Prohibited Transaction Exemption (PTE) 2000-45, Involving Citigroup Global Markets Inc. (CGMI), Formerly Salomon Smith Barney Inc. (Salomon Smith Barney), Located in New York, NY
Document Number: E8-30511
Type: Notice
Date: 2008-12-23
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 exemption which, if granted, would replace PTE 2000-45 (65 FR 54315, September 7, 2000). On December 1, 2005, PTE 2000-45 became ineffective due to a material change in the exemption. PTE 2000-45 related to the operation of the TRAK Personalized Investment Advisory Service (the TRAK Program) and the Trust for Consulting Group Capital Markets Funds (the Trust). If granted, the new exemption would affect participants and beneficiaries of and fiduciaries with respect to employee benefit plans (the Plans) participating in the TRAK Program.
Submission for OMB Review: Comment Request
Document Number: E8-30263
Type: Notice
Date: 2008-12-22
Agency: Department of Labor, Office of the Secretary
Priority of Service for Covered Persons
Document Number: E8-30166
Type: Rule
Date: 2008-12-19
Agency: Department of Labor, Veterans' Employment and Training Service, Veterans Employment and Training Service
The Veterans' Employment and Training Service (VETS) of the Department of Labor (Department or DOL) is issuing this final rule to implement priority of service in qualified job training programs prescribed in section 2(a)(1) of the Jobs for Veterans Act (JVA). DOL issued a notice of proposed rulemaking (NPRM) on August 15, 2008 outlining proposed provisions implementing priority of service for covered persons in qualified DOL job training programs.
Bureau of International Labor Affairs; Request for Information on Efforts by Certain Countries To Eliminate the Worst Forms of Child Labor
Document Number: E8-30140
Type: Notice
Date: 2008-12-19
Agency: Department of Labor
This notice is a request for information for use by the Department of Labor (DOL) in preparation of an annual report on certain trade beneficiary countries' implementation of international commitments to eliminate the worst forms of child labor. This will be the eighth such report by DOL under the Trade and Development Act of 2000 (TDA).
Notice of Availability of Funds and Solicitation for Grant Applications for the Older Worker Demonstration
Document Number: E8-30116
Type: Notice
Date: 2008-12-19
Agency: Employment and Training Administration, Department of Labor
The U.S. Department of Labor (DOL), Employment and Training Administration (ETA) announces the availability of approximately $10 million in funds for Older Worker Demonstration Grants. These grants will be awarded though a competitive process as a part of the High Growth Job Training Initiative (HGJTI). The grants are intended to address the workforce challenges facing older individuals by developing models for talent development in regional economies that recognize older workers as a valuable labor pool and include employment and training strategies to retain and/or connect older workers to jobs in high growth, high demand industries critical to the regional economy. Grants awarded under the Older Worker Demonstration should focus on providing training and related services for individuals age 55 and older that result in employment and advancement opportunities in high growth industries and economic sectors. The proposed strategies must take place in the context of regional talent development efforts designed to contribute to a strong regional economy, and must be developed and implemented by a strategic regional partnership. The preferred eligible applicants for this solicitation are entities that represent the local workforce investment system, but other entities may apply. It is anticipated that the number of awards will range from 10 to 13, with award amounts ranging from $750,000 to $1,000,000. This solicitation provides background information and describes the application submission requirements, outlines the process that eligible entities must use to apply for funds covered by this solicitation, and details how grantees will be selected.
Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes
Document Number: E8-29995
Type: Rule
Date: 2008-12-19
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) is amending its regulations to modernize the procedures for the issuance of labor certifications to employers sponsoring H-2B nonimmigrants for admission to perform temporary nonagricultural labor or services and the procedures for enforcing compliance with attestations made by those employers. Specifically, this Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to comply with program requirements. This rule also makes technical changes to the regulations relating to both the H-1B program and the permanent labor certification program to reflect operational changes stemming from this regulation. Although Congress has conferred the statutory authority to enforce H-2B program requirements on the Department of Homeland Security (DHS), recent discussions between DHS and the Department have yielded an agreement for the delegation of H-2B enforcement authority from DHS to the Department. This Final Rule contains the Wage and Hour Division (WHD) regulations establishing the H-2B enforcement procedures that the Department will institute pursuant to that agreement. Separately, this Final Rule institutes conditions and procedures for the debarment of employers, attorneys, and agents participating in the H-2B foreign labor certification process. As discussed further below, the Department intends to exercise its inherent authority under case law and general principles of program administration to determine what entities practice before it.
Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
Document Number: E8-29886
Type: Rule
Date: 2008-12-19
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this final rule, the Department of Labor (Department or DOL) revises regulations issued pursuant to the Davis-Bacon and Related Acts and the Copeland Anti-Kickback Act to better protect the personal privacy of laborers and mechanics employed on covered construction contracts.
Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
Document Number: E8-30065
Type: Notice
Date: 2008-12-18
Agency: Department of Labor, Occupational Safety and Health Administration
In accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C., App. 2), and after consultation with the General Services Administration, the Secretary of Labor announced on September 22, 2008, her intention to re-charter the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) as being in the public interest (73 FR 54624). She signed the MACOSH charter on September 23, 2008, which, pursuant to FACA, will expire after two years on September 23, 2010. On November 12, 2008, the Secretary of Labor selected and approved 15 members to serve on the Committee. The Committee is diverse and balanced, both in terms of segments of the maritime industry represented (e.g., shipyard, longshoring and marine terminal, and fishing industries), and in the views or interests represented by the members. MACOSH will contribute to OSHA's performance of the duties imposed by the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.).
Longshoring and Marine Terminal Operations; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: E8-30064
Type: Notice
Date: 2008-12-18
Agency: Department of Labor, Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) published a document in the Federal Register on December 8, 2008, soliciting public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in OSHA's Standards on Longshoring (29 CFR part 1918) and Marine Terminal Operations (29 CFR part 1917). The document contains an incorrect OMB Control Number.
Hazardous Waste Operations and Emergency Response (HAZWOPER); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: E8-30063
Type: Notice
Date: 2008-12-18
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Hazardous Waste Operations and Emergency Response (HAZWOPER) (29 CFR 1910.120). Section 126(e) of the ``Superfund Amendments and Reauthorization Act of 1986'' (SARA) (Pub. L. 99-499) which became law on October 17, 1986, required the Secretary of Labor, pursuant to Section 6 of the Occupational Safety and Health Act of 1970 (the Act), to promulgate standards for the safety and health protection of employees engaged in hazardous waste operations and emergency response. Section 126(b) lists 11 employee protection provisions that the Secretary of Labor had to include in OSHA's final standard. Those provisions require OSHA to address the preparation of various written programs, plans and records; the training of employees; the monitoring of airborne hazards; the conduct of medical surveillance; and the distribution of information to employees. The provisions also require the collection of information from employers engaged in hazardous waste operations and their emergency response to such operations. The final standard covers the provisions mandated in SARA.
Publication of Year 2008 Form M-1 With Electronic Filing Option; Notice
Document Number: E8-30062
Type: Notice
Date: 2008-12-18
Agency: Employee Benefits Security Administration, Department of Labor
This document announces the availability of the Year 2008 Form M-1, Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception. It is substantively identical to the 2007 Form M-1. The Form M-1 may again be filed electronically over the Internet.
Proposed Information Collection Request on the ETA 203, Characteristics of the Insured Unemployed; Comment Request for Extension Without Change
Document Number: E8-29960
Type: Notice
Date: 2008-12-18
Agency: 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 collection 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. 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.
Wireless Communications and Electronic Tracking Systems Guidance
Document Number: E8-29943
Type: Notice
Date: 2008-12-18
Agency: Department of Labor, Mine Safety and Health Administration
This notice is announcing the issuance of a Program Policy Letter (PPL) to provide mine operators guidance for implementing the Mine Improvement and New Emergency Response Act (MINER Act) requirements for wireless communications and electronic tracking systems. Material in the guidance does not constitute a regulation.
Alcatel-Lucent, Plano, TX; Notice of Termination of Investigation
Document Number: E8-29941
Type: Notice
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor
Logistics Services, Inc., Fenton, MO; Notice of Termination of Investigation
Document Number: E8-29939
Type: Notice
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor
Allied Systems, Ltd., Moraine, OH; Notice of Termination of Investigation
Document Number: E8-29938
Type: Notice
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor
Nestaway, LLC, Garfield Heights, OH; Notice of Affirmative Determination Regarding Application for Reconsideration
Document Number: E8-29934
Type: Notice
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor
St. Louis Music a Division of LOUD Technologies, Inc., St. Louis, MO; Notice of Termination of Investigation
Document Number: E8-29929
Type: Notice
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor
Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement
Document Number: E8-29309
Type: Rule
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or Department) is amending its regulations regarding the certification for the temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This final rule re-engineers the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A (agricultural temporary worker) status. The final rule utilizes an attestation-based application process based on pre-filing recruitment and eliminates duplicative H-2A activities currently performed by State Workforce Agencies (SWAs) and the Department. The rule also provides enhanced enforcement, including more rigorous penalties, to complement the modernized certification process and to appropriately protect workers.
Dakkota Integrated Systems, Chicago, IL; Notice of Termination of Investigation
Document Number: E8-29619
Type: Notice
Date: 2008-12-15
Agency: Employment and Training Administration, Department of Labor
Signa Group, Inc. d/b/a Whitehall Industries, Inc., Ludington, MI; Notice of Termination of Investigation
Document Number: E8-29618
Type: Notice
Date: 2008-12-15
Agency: Employment and Training Administration, Department of Labor