Department of Labor May 2008 – Federal Register Recent Federal Regulation Documents
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Petitions for Modification
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.
Proposed Revision 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 issued OMB Control Number 1215-0032 (Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail/Service Establishments or Agriculture) and to combine it with the information collection controlled under number 1215-0080 (Application for Authority for an Institution of Higher Education to Employ Its Full-Time Students at Subminimum Wages Under Regulations 29 CFR Part 519). The title of the revised information collection will be: Applications to Employ Full-time Students at Subminimum Wages in Retail or Service Establishments, Agriculture, and Institutions of Higher Education (WH-200, WH-201, WH-202). A copy of the revised information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
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
The Employment and Training Administration (ETA) of the Department of Labor (DOL or the Department) are proposing changes to modernize procedures for the issuance of labor certifications issued in connection with H-2B nonimmigrants admitted to perform temporary nonagricultural labor or services, and procedures to enforce compliance with attestations made by sponsoring employers. Specifically, the proposed rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing United States (U.S.) worker recruitment activities. In addition, the proposed rule makes changes that will enhance the integrity of the program through the introduction of post-adjudication audits and procedures for penalizing employers who fail to meet the requirements of the H-2B Program. In addition, through this proposed rule technical changes are being made to both the H-1B and the permanent labor certification regulations to reflect operational changes stemming from this regulation. Finally, although Congress has vested the Department of Homeland Security (DHS) with the statutory authority to enforce the H-2B Program requirements and the Department possesses no independent authority for such enforcement, this proposed rule describes potential H-2B enforcement procedures the Department could institute in the event that DHS and the Department work out a mutually agreeable delegation of enforcement authority from DHS to the Department.
Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners
This notice informs the public of MSHA's decision to implement the diesel particulate matter (DPM) final permissible exposure limit (PEL) of 160 micrograms of total carbon (TC) per cubic meter of air (160TC g/m3). MSHA has developed a practical sampling strategy to account for interferences from non-diesel exhaust sources when TC is used as a surrogate for measuring a miner's exposure to DPM. The Agency will begin enforcement of the 160 TC limit under existing 30 CFR 57.5060(b)(3) on May 20, 2008. MSHA will post details of its sampling strategy on the Agency's DPM Single Source Page prior to enforcement. The sampling strategy is based on the best available scientific evidence and will be specific to each mine.
Annual Report From Federal Contractors
The Veterans' Employment and Training Service is publishing a new set of regulations, and adopting a new Federal Contractor Veterans' Employment Report VETS-100A (``VETS-100A Report'') form, to implement the requirement under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (``VEVRAA'') that Government contractors track and annually report the number of employees in their workforces who are veterans covered under the law. The final regulations published today implement amendments to the reporting requirements under VEVRAA that were made by the Jobs for Veterans Act (``JVA'') in 2002. The JVA amendments: Raised the dollar amount of the Government contracts that trigger a contractor's obligation to report on veterans' employment; and changed the categories of veterans that contractors are to track and report. The final regulations published today apply only to covered Government contracts entered into or modified on or after December 1, 2003. The existing regulations in 41 CFR part 61-250, which require contractors to use the Federal Contractor Veterans' Employment Report VETS-100 (``VETS-100 Report'') form to provide the information on the covered veterans in their workforces, will continue to apply to Government contracts entered into before December 1, 2003.
National Advisory Committee on Occupational Safety and Health (NACOSH); Announcement of Meeting
The National Advisory Committee on Occupational Safety and Health (NACOSH) will meet May 29, 2008, in Washington, DC.
Notice of Availability of Funds and Solicitation for Grant Applications (SGA) To Fund Demonstration Projects Targeting Dislocated Workers
The U.S. Department of Labor (DOL), Employment and Training Administration (ETA) announces the availability of approximately $20 million to fund grants to State Workforce Agencies (SWAs) for demonstration projects targeting Workforce Investment Act (WIA) dislocated workers. This solicitation provides SWAs with the option to choose from four categories under which applicants can submit a single grant application. Please note that two options exist under category one and two options exist under category three. If the applicant chooses to apply under categories one or three, the applicant must indicate which option the proposal addresses. Applicants may only submit a grant application under one category and only one application per SWA will be accepted. Applicants must indicate in the abstract of their proposal the category under which they are applying. Category 1Entrepreneurship Opportunities for Dislocated Workers (two options). Category 2Getting Ahead of the Curve: Raising Educational/Skill Levels of Workers in Declining Industries. Category 3Innovative Adult Learning Models for Dislocated Workers (two options). Category 4Preventing Dislocations of TANF Recipients Moving Into Entry Level Jobs Subject to Economic Churn. Additional background information is provided under Part I.
Petitions for Modification
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.
Proposed Information Collection Request Submitted for Sixty Days' Public Comment; O*NET Data Collection Program, Extension of Currently Approved Collection Without Change
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 (PRA 95) [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 O*NET (Occupational Information Network) Data Collection Program. 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.
Notice of Availability of Funds and Solicitation for Grant Applications (SGA) for Mentoring, Educational, and Employment Strategies To Improve Academic, Social, and Career Pathway Outcomes
The Employment and Training Administration announces the availability of $49.5 million for grants to serve high schools that have been designated as persistently dangerous by State Educational Agencies for the 2007-2008 school year under section 9532 of the Elementary and Secondary Education Act. The goal of these grants is to reduce violence within these schools through a combination of mentoring, educational, employment, case management, and violence prevention strategies. These grants will be awarded through a competitive process open both to school districts which include persistently dangerous high schools and to community-based organizations (CBOs) in partnership with these school districts. High schools which have been designated as persistently dangerous this school year are located in the school districts of Baltimore City, New York City, Berkshire Farms (New York), Salem-Keiser (Oregon), Philadelphia, and Puerto Rico. These schools are listed in Section VIIIA below. School districts and CBOs must submit a separate application for each high school that they propose serving, but may submit as many applications as they have eligible schools. Applications submitted by school districts must include plans to have one or more CBOs as sub-grantees/contractors to operate at a minimum the mentoring component. These proposed CBO sub-grantees/contractors do not need to be listed in the application, as the Department strongly encourages the use of competition in selecting sub-grantees and contractors either before or after grant award. Applications submitted by CBOs must have a school district identified as a partner, with a signed memorandum of understanding with the school district included in the application. To be eligible to apply for these grants as a CBO, organizations must be not-for-profit entities and can operate either nationally or locally. 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 outlines the evaluation criteria used as a basis for selecting the grantees. Key Dates: The closing date for receipt of applications under this announcement is June 11, 2008. Application and submission information is explained in detail in Part IV of this SGA.
Sealing of Abandoned Areas
MSHA published a final rule in the Federal Register on April 18, 2008 (73 FR 21182) on Sealing of Abandoned Areas in underground coal mines. The final rule incorrectly listed cross-references in Sec. 75.336(b)(1) and Sec. 75.336(c). This document corrects the final rule by revising these sections.
Prohibited Transaction Exemption 2008-06; Grant of Individual Exemptions involving D-11369, The Swedish Health Services Pension Plan; D-11434, Credit Suisse (CS) and Its Current and Future Affiliates; and D-11446, Amendment to Prohibited Transaction Exemption (PTE) 93-31, PTE 97-34, PTE 2002-41, PTE 2007-05, involving Bank of America, N.A., the Successor of NationsBank Corporation
This document contains an exemption issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (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.
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