Department of Labor November 2008 – Federal Register Recent Federal Regulation Documents
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Proposed Extension of Information Collection Request; Submitted for Public Comment; Multiemployer Plan Annual Funding Notice
In accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), the Department of Labor (the Department) conducts a preclearance consultation program so that the general public and other federal agencies can comment on proposed and continuing collections of information. This program helps to ensure that the data the Department gathers arrive in the desired format, that the reporting burden on the public (time and financial resources) is minimized, that the public understands the collection instruments, and that the Department can accurately assess the impact of collection requirements on respondents. By this notice, the Department is soliciting comments on the information collection provisions of regulations pertaining to section 101(f) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The statute and the regulatory provisions codified at 29 CFR 2520.101-4 require the administrator of a defined benefit plan which is a multiemployer plan to furnish an annual plan funding notice to each plan participant and beneficiary, each labor organization representing such participants or beneficiaries, each employer that has an obligation to contribute under the plan, and the Pension Benefit Guaranty Corporation. A copy of the information collection request (ICR) can be obtained by contacting the office shown in the addresses section of this notice. ICRs submitted to OMB also are available at https://www.RegInfo.gov.
Proposed Extension of Information Collection; Comment Request; ERISA Technical Release 91-1
The Department of Labor (the Department), 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 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 the data the Department gathers can be provided in the desired format, that the reporting burden on the public (time and financial resources) is minimized, that the public understands the Department's collection instruments, and that the Department can accurately assess the impact of collection requirements on respondents. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments concerning an extension of the information collections in ERISA Technical Release 91-1, issued in 1991. Technical Release 91-1 provides guidance on permitted transfers of excess assets from a defined benefit pension plan to a retiree health benefits account under provisions of the Internal Revenue Code (the Code) and the Employee Retirement Income Security Act of 1974 (ERISA). A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.
Proposed Extension of Information Collection; Comment Request Disclosures by Insurers to General Account Policyholders
In accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), the Department of Labor (the Department) conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This program helps to ensure that the data the Department gathers can be provided in the desired format, that the reporting burden on the public (time and financial resources) is minimized, that the public understands the Department's collection instruments, and that the Department can accurately assess the impact of collection requirements on respondents. By this notice, the Department is soliciting comments concerning the information collection provisions of the regulation pertaining to section 401(c) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The statute and the regulatory provisions codified at 29 CFR 2550.401c-1 require insurers that issue certain types of insurance policies to employee benefit plans to make specific one-time and annual disclosures to such plans if assets of the plan are held in the insurer's general account. A copy of the ICR may be obtained by contacting the office listed in the ADDRESSES section of this notice.
Notice of Proposed Exemptions
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 2008-13 Through 2008-14; Grant of Individual Exemptions Involving: Banc One Investment Advisors Corporation and J.P. Morgan Investment Management Inc. (JPMIM) and Their Affiliates (collectively JPMorgan), PTE 2008-13; and Fidelity Brokerage Services, D-11424, LLC (FBS), PTE 2008-14
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.
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.
Solicitation for Grant Applications (SGA) Community-Based Job Training Grants
The Employment and Training Administration published a document in the Federal Register on October 10, 2008, announcing the availability of funds and solicitation for grant applications (SGA) for Community-Based Job Training Grants to be awarded through a competitive process. This notice is the second amendment to the SGA and extends the receipt for proposal due date from November 24, 2008 to December 3, 2008, as well as updates and clarifies items related to: (1) Evaluation of the grants (Section III. C. 8. Section IV and Attachment A); (2) accessibility to a performance tracking system (Section V. A. 5.); and (3) bonus points (Section V. A. 7.).
Comment Request
The Department of Labor through the Bureau of Labor Statistics (BLS) is responsible for the development and publication of occupational employment projections and related career information, including the education or training requirements for detailed occupations. These requirements are identified and estimated using one of two different systems developed by the Employment Projections program and are published in the Occupational Projections and Training Data bulletin and in a searchable database on the Employment Projections web site. Presenting data using two different systems has led to some confusion among customers of the Employment Projections program about which system to use and how to use them. BLS is currently soliciting comments on a proposal to revise the two systems into one integrated system.
Notice of Availability of Funds and Solicitation for Grant Applications (SGA) for Local Young Offender Planning Grants, State/Local Juvenile Offender Implementation Grants, and an Intermediary Juvenile Reentry Grant
The Employment and Training Administration announces the availability of $17.3 million for Young Offender Grants. The grants will be awarded through a competitive process for three categories of projects(1) Young Offender Planning Grants to be awarded to local governments; (2) Juvenile Offender Implementation Grants to be awarded to state/local government partnerships; and (3) a Juvenile Offender Reentry Grant to be awarded to an organization with experience conducting demonstrations in multiple cities. The goal of the planning grants is to allow selected localities to develop comprehensive blueprints for serving both juvenile and young adult offenders returning from correctional facilities. To qualify for these planning awards, applicants will need to provide one-to-one leveraged resources from a local or national foundation, local or state government, other federal funds, or other source. The goal of the implementation grants is to allow state juvenile justice departments and local juvenile justice agencies to join together to put into place a comprehensive strategy for serving all youth in the local area returning home from juvenile correctional or detention facilities. The goal of the intermediary reentry grant is to allow an organization to design and implement a model program for serving returning juvenile offenders in four cities that may be selected competitively after grant award. 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.
The Family and Medical Leave Act of 1993
This document provides the text of final regulations implementing the Family and Medical Leave Act of 1993 (``FMLA''), the law that provides eligible employees who work for covered employers the right to take job-protected, unpaid leave for absences due to the birth of the employee's son or daughter and to care for the newborn child; because of the placement of a son or daughter with the employee for adoption or foster care; in order to care for a son, daughter, spouse, or parent with a serious health condition; or because of the employee's own serious health condition that makes the employee unable to perform the functions of his or her job. The final regulations also address new military family leave entitlements included in amendments to the FMLA enacted as part of the National Defense Authorization Act for FY 2008, which provide additional job-protected leave rights to eligible employees of covered employers who provide care for covered servicemembers with a serious injury or illness and because of qualifying exigencies arising out of the fact that a covered military member is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.
Announcement of a Meeting of the Advisory Committee on Construction Safety and Health (ACCSH), ACCSH Work Group Meetings, and Appointments to ACCSH Membership Including Member Representation Categories and Terms
ACCSH Work Groups will meet December 2-3, 2008, and ACCSH will meet December 4-5, 2008, in Washington, DC.
OSHA Strategic Partnership Program for Worker Safety and Health (OSPP)
OSHA solicits public comment concerning its proposal to extend the Office of Management Budget's (OMB) approval of the information collection requirements specified in the OSHA Strategic Partnership Program for Worker Safety and Health (OSPP).
Information Collection Request for the ETA 204, Experience Rating Report: Extension Without Change, Comment Request
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. 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.
Federal-State Unemployment Compensation Program: Certifications for 2008 Under the Federal Unemployment Tax Act
The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.
Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Standard on Permit-Required Confined Spaces (29 CFR 1910.146). The purpose of the information is to ensure that employers systematically evaluate the dangers in permit spaces before entry is attempted, and to ensure that adequate measures are taken to make the spaces safe for entry.
Notice of Proposed Exemptions
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).
Asbestos Exposure Limit
The Mine Safety and Health Administration (MSHA) is amending and clarifying its existing health standards for asbestos exposure. The amendments make no substantive change to the existing standards, MSHA's enforcement of the standards, or the protection afforded miners under the standards.
Public Meeting of the Advisory Committee on Apprenticeship (ACA)
Pursuant to section 10 of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. APP. 1), notice is hereby given of an open meeting of the Advisory Committee on Apprenticeship (ACA).
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