Department of Labor February 2008 – Federal Register Recent Federal Regulation Documents
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Asbestos Exposure Limit
The Mine Safety and Health Administration (MSHA) is revising its existing health standards for asbestos exposure at metal and nonmetal mines, surface coal mines, and surface areas of underground coal mines. This final rule reduces the permissible exposure limits for airborne asbestos fibers and makes clarifying changes to the existing standards. Exposure to asbestos has been associated with lung cancer, mesothelioma, and other cancers, as well as asbestosis and other nonmalignant respiratory diseases. This final rule will help improve health protection for miners who work in an environment where asbestos is present and lower the risk that miners will suffer material impairment of health or functional capacity over their working lifetime.
Amendment of Regulation Relating to Definition of “Plan Assets”-Participant Contributions
This document would, upon adoption, establish a safe harbor period of 7 business days during which amounts that an employer has received from employees or withheld from wages for contribution to employee benefit plans with fewer than 100 participants would not constitute ``plan assets'' for purposes of Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and the related prohibited transaction provisions of the Internal Revenue Code. This amendment would provide greater certainty concerning when participant contributions held by an employer do not constitute ``plan assets.'' The proposed rule, if adopted, would affect the sponsors and fiduciaries of contributory group welfare and pension plans covered by ERISA, including 401(k) plans, as well as the participants and beneficiaries covered by such plans and recordkeepers, and other service providers to such plans.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
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: Green Meadows Dairy, LLC/Hull, Iowa. Principal Product/Purpose: The loan, guarantee, or grant application for the purchase of equipment, land, and an existing structure to construct a new cheese manufacturing plant. The NAICS industry codes for this enterprise are: 311513 Cheese Manufacturing Cheese (except cottage cheese) manufacturing; and 311514 Dry, Condensed, and Evaporated Dairy Product ManufacturingWhey, condensed, dried, evaporated, and powdered manufacturing.
Comment Request
The Department of Labor through the Bureau of Labor Statistics (BLS) is responsible for the development and publication of occupational injury, illness, and fatality data. These data are compiled in the Survey of Occupational Injuries and Illnesses and the Census of Fatal Occupational Injuries. These two programs use the Occupational Injury and Illness Classification System to classify certain cases received. BLS is currently soliciting comments to revise this system.
Proposed Extension of the Approval of Information Collection Requirements
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 proposal to extend OMB approval of the information collection: Housing Terms and Conditions for Migrant Agricultural Workers (WH-521). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Hearing on Reasonable Contracts or Arrangements Under Section 408(b)(2)-Fee Disclosure
Notice is hereby given that the Department of Labor will hold a hearing on the Department's proposed regulation under section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) and the related proposed class exemption.
Labor Certification Process for the Temporary Employment of Aliens in Agriculture and Logging in the United States: 2008 Adverse Effect Wage Rates, Allowable Charges for Agricultural and Logging Workers' Meals, and Maximum Travel Subsistence Reimbursement
The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this Notice to announce: The 2008 Adverse Effect Wage Rates (AEWRs) for employers seeking to employ temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H-2A workers) or logging (H-2B logging workers); the allowable charges for 2008 that employers seeking H-2A workers and H-2B 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 2008. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers of H-2A workers or H-2B logging workers to U.S. and foreign workers for a particular occupation and/or area so that the wages of similarly employed U.S. workers will not be adversely affected (20 CFR 655.100(b) and 655.200(b)). In this Notice the Department announces the AEWRs for 2008. The Department also announces the new rates for 2008 which agricultural and logging employers may charge their workers for three daily meals, and the minimum and maximum charge of travel subsistence expenses a worker may claim in 2008.
Applied Research Laboratories, Inc.; Revocation of Recognition
This notice announces the Occupational Safety and Health Administration's decision to revoke the recognition of Applied Research Laboratories, Inc., (ARL) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
Voluntary Protection Program Application Information; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements contained in the Voluntary Protection Programs.
Proposed Extension of the Approval of Information Collection Requirements
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: Rehabilitation Action Report (OWCP-44). A copy of the information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.
Energy Industry and Construction and Skilled Trades in the Energy Industry; Solicitation for Grant Applications (SGA) SGA-DFA-PY-07-07: Amendment Number 1
The Employment and Training Administration published a document in the Federal Register of January 23, 2008, announcing the availability of funds and solicitation for grant applications for the Energy Industry and Construction and Skilled Trades in the Energy Industry. This amendment will make changes to the January 23 document by clarifying and correcting this Solicitation.
Proposed Information Collection Request of the ETA 902, Disaster Unemployment Assistance Activities
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 (ETA) is soliciting comments concerning the proposed extension of the ETA 902, Disaster Unemployment Assistance Activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 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: https://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.
Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting
The Maritime Advisory Committee for Occupational Safety and Health (``MACOSH'' or ``Committee'') was established to advise the Assistant Secretary of Labor for OSHA 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 March 18 to 20, 2008.
Subpart A (“General Provisions”) and Subpart B (“Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment”) (29 CFR part 1915); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its subparts entitled Subpart A (``General Provisions'') and Subpart B (``Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment'') (29 CFR part 1915).
Subpart R (“Steel Erection”); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in 29 CFR part 1926, subpart R (``Steel Erection'').
Requests Nominations for Employer, Employee and Public Representatives To Serve on the Advisory Committee on Construction Safety and Health
The Secretary of Labor invites interested parties to submit nominations, and materials in support of nominations, for membership on ACCSH.
Design of Cave-in Protection Systems; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comments concerning its request for an extension of the information collection requirements contained in 29 CFR 1926.652, Requirements for Protective Systems.
Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement
The Department of Labor (the Department or DOL) is proposing to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This notice of proposed rulemaking (NPRM or proposed rule) would re-engineer the process by which employers may 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. Re-engineering measures focus on the utilization of an attestation-based application process after an employer conducts pre-filing recruitment and the elimination of duplicative activities currently performed by the State Workforce Agencies (SWAs). In concert with these changes, the Department proposes to amend the wage and hour regulations to provide for enhanced enforcement, including more rigorous penalties, under the H-2A program to complement the modernized certification process so that workers are appropriately protected should an employer fail to meet the requirements of the H-2A program.
Proposed Information Collection Request for the Unemployment Insurance (UI) Data Validation (DV) Program; Comment Request
As part of its continuing effort to reduce paperwork and respondent burden, the Department of Labor (Department) 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 the 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 addresses section of this notice or by accessing: https://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.
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