Department of Labor 2008 – Federal Register Recent Federal Regulation Documents

This document contains a notice 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).

Pursuant to the Secretary of Labor's authority at 5 U.S.C. section 301, the Department of Labor (Department or DOL) is proposing to compile its existing best practices related to risk assessment into a single, easy to reference regulation, and to include two requirements to establish consistent procedures for conducting risk assessments that promote greater public input and awareness of the Department's health rulemakings. DOL proposes to issue an Advanced Notice of Proposed Rulemaking soliciting public information on relevant data when developing risk assessments for health standards regulating occupational exposure to toxic substances and hazardous chemicals, and to electronically post rulemaking documents and underlying studies used in a risk assessment. The proposed regulation implements recommendations of the 1997 Presidential/Congressional Commission on Risk Assessment and Risk Management Report,\1\ and is consistent with Government-wide Office of Management and Budget's (OMB) Information Quality Guidelines,\2\ current internal DOL Information Quality Guidelines,\3\ and the OMB/ Office of Science and Technology Policy 2007 Memorandum on Updated Principles for Risk Analysis.\4\

This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV America, Inc., (TUVAM) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

This notice is a request for comments from the public to assist the Secretary of Labor and the United States Trade Representative in preparing a report on labor capacity-building efforts under Chapter 16 (``the Labor Chapter'') and Annex 16.5 of the Dominican RepublicCentral America-United States Free Trade Agreement (``the CAFTA-DR''), as well as efforts made by the CAFTA-DR countries to implement the recommendations contained in the report entitled ``The Labor Dimension in Central America and the Dominican RepublicBuilding on Progress: Strengthening Compliance and Enhancing Capacity'' (``the White Paper''). This report is required under the Dominican Republic Central AmericaUnited States Free Trade Agreement Implementation Act [bs](``the CAFTA-DR Implementation Act''). The reporting function and the responsibility for soliciting public comments required under this Act were assigned to the Secretary of Labor, in consultation with the United States Trade Representative.

ACCSH Work Groups will meet September 9-10, 2008, and ACCSH will meet September 11-12, 2008, in Washington, DC.

In accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C., App. 2), and its implementing regulations (41 CFR 102-3, Federal Advisory Committee Management), the Secretary of Labor has determined that the renewal of the Charter for the Advisory Committee on Construction Safety and Health (ACCSH) is necessary and in the public interest. Accordingly, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) has renewed the ACCSH Charter with several minor revisions. The revisions relate to procedural matters which do not substantively affect the objectives or activities of the ACCSH Committee. The ACCSH Charter will expire on May 6, 2010.

This document contains proposed regulations implementing the provisions of the statutory exemption set forth in sections 408(b)(14) and 408(g) of the Employee Retirement Income Security Act, as amended (ERISA or the Act), and parallel provisions in the Internal Revenue Code of 1986, as amended (Code), relating to the provision of investment advice described in the Act by a fiduciary adviser to participants and beneficiaries in participant-directed individual account plans, such as 401(k) plans, and beneficiaries of individual retirement accounts (and certain similar plans). Section 408(b)(14) provides an exemption from certain prohibited transaction provisions in ERISA with respect to the provision of investment advice, the investment transaction entered into pursuant to the advice, and the direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate in connection with the provision of advice or the transaction pursuant to the advice. Section 408(g) describes the conditions under which the investment advice-related transactions are exempt. Upon adoption, the regulations will affect sponsors, fiduciaries, participants and beneficiaries of participant- directed individual account plans, as well as providers of investment and investment advice-related services to such plans.

The Mine Safety and Health Administration is reopening the rulemaking record on the request for information entitled ``Conveyor Belt Combustion Toxicity and Smoke Density'' published in the Federal Register on June 19, 2008 (73 FR 35057) and extending the comment period to September 8, 2008.