Department of Labor January 2009 – Federal Register Recent Federal Regulation Documents

Coal Mine Dust Personal Monitors
Document Number: E9-534
Type: Proposed Rule
Date: 2009-01-16
Agency: Department of Labor, Mine Safety and Health Adminisration, Mine Safety and Health Administration
This proposed rule would revise requirements that the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) apply to approve sampling devices that monitor miner exposure to respirable coal mine dust. The proposal would establish criteria for approval of a new type of technology, the ``continuous personal dust monitor,'' which would be worn by the miner and would report exposure to dust levels continuously during the shift. In addition, the proposal would update application requirements for the existing ``coal mine dust personal sampler unit'' to reflect improvements in this sampler over the past 15 years. This rulemaking is limited to approval requirements and does not address requirements concerning how sampling devices must be used to determine compliance, e.g., who and when to sample. Those requirements are addressed in existing 30 CFR parts 70, 71, and 90.
Civil Penalties Under ERISA Section 502(c)(4)
Document Number: Z8-31188
Type: Rule
Date: 2009-01-15
Agency: Employee Benefits Security Administration, Department of Labor
Announcement of Public Briefings on Using Redesigned Labor Certification Forms and Stakeholder Meeting
Document Number: E9-678
Type: Notice
Date: 2009-01-15
Agency: Employment and Training Administration, Department of Labor
The Office of Foreign Labor Certification (OFLC) in the Department of Labor's Employment & Training Administration (ETA) has been re-engineering several of its program forms to improve the information it collects from the public. These changes are intended to improve the application to and day-to-day operation of OFLC programs. The system re-engineering will impact the program for the Temporary Employment of Nonimmigrants in Professional, Specialty Occupations, and as Fashion Models (H-1B, H-1B1, and E-3). The Form ETA 9035, the Labor Condition Application (OMB control number 1205-0310) used for the H-1B, H-1B1, and E-3 programs, was redesigned and submitted for public comment, 73 FR 36357, Jun. 26, 2008, and for review by the Office of Management and Budget (OMB), 73 FR 66259, Nov. 7, 2008. In addition, the Permanent Labor Certification Program (PERM), OFLC will be implementing changes to the electronic filing process and is implementing a revised application form. The redesigned Form ETA 9089 (OMB control number 1205-451) has been approved by OMB subject to review of the final electronic version. ETA is issuing this notice to announce that OFLC will offer two public briefings to educate stakeholders, program users, and other interested members of the public on using the re-engineered 9035 and 9089 application forms, and the online portal system by which most users file program applications. ETA will also hold a stakeholder meeting in San Diego, California on February 3, 2009. As currently planned, the two briefings will take place in February, 2009 in San Diego and Baltimore, Maryland. This notice provides the public with locations, dates, and registration information regarding the briefings.
Advancing Registered Apprenticeship into the 21st Century: Collaborating For Success; Solicitation for Grant Applications
Document Number: E9-653
Type: Notice
Date: 2009-01-15
Agency: Employment and Training Administration, Department of Labor
The U.S. Department of Labor, Employment and Training Administration (ETA), announces the availability of approximately $6.5 million for 10-20 grants to promote the adoption of the 21st century Registered Apprenticeship framework established by the Final Rule published on October 29, 2008 (73 FR 64402), promulgating revised 20 CFR Part 29, Labor Standards for the Registration of Apprenticeship Programs. The grants will fund the development and/or adaptation of national guideline standards that incorporate competency-based progression; hybrid-style progression; and/or interim credentials. Funds are also available to train staff, apprenticeship instructors and members on the 21st century Registered Apprenticeship framework and on the development of standards that utilize the elements of the 21st century Registered Apprenticeship framework as established by the Final Rule. National industry and employer associations, labor-management organizations and other organizations that demonstrate the capacity to advance registered apprenticeship through the development of new or modified apprenticeship standards using the elements of the 21st century Registered Apprenticeship framework are eligible to apply for grant funds. To be considered for an award, grant applications must incorporate at least four of the following seven components: 1. Continued expansion into fast growing and/or new and emerging industries (including construction). 2. Development of new or modified programs or guideline standards that utilize competency-based (see Part VIIISection 2Key Definitions) or hybrid training models (see Part VIIISection 2Key Definitions). 3. Use of interim credentialing to acknowledge the skills an apprentice attains during training. 4. Adoption of Technology-Based Learning strategies for related instruction. 5. Strategic partnerships with the Office of Apprenticeship (OA), State Apprenticeship Agencies (SAA), and the public workforce investment system. 6. Innovative strategies to serve under-represented populations, particularly youth and women, to meet the talent development needs of regional economies through Registered Apprenticeship. 7. Innovative Partnerships with Education (Secondary and Post- Secondary) and other key stakeholders. Allowable activities may include developing new or modifying existing standards for apprenticeship programs (including national guideline standards), developing curricula to support these standards; using technology-based learning strategies; developing skill assessment tools for competency-based models; training and education to take advantage of the opportunities outlined in the new regulatory requirements; and conducting outreach and training efforts to educate members, affiliates, staff and partners on the new model. All applicants must develop or modify at least one national guideline standard with at least four programs and train a minimum of 100 apprentices in the new model. Additionally, all applicants must demonstrate that they have the ability and expertise to develop the new framework and the capacity to provide training to their membership. This expertise and capacity can be demonstrated by the individual applicant or through partnership with other organizations. ETA recognizes that the use of these approaches will offer apprentices greater opportunities to increase their knowledge and attain the skills that emerging and high growth industries demand. Additionally, the use of interim credentialing and competency-based models will ensure that apprentices receive recognition for the skills and competencies they have attained during and prior to completion of a traditional time-based program. ETA believes that expanding the use of these Apprenticeship models will increase the ability of apprenticeship programs to meet the needs of industries that require more flexibility in training a worker for the required level of proficiency and expertise.
Solicitation for Grant Applications (SGA)
Document Number: E9-650
Type: Notice
Date: 2009-01-15
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration published a document in the Federal Register on November 17, 2008, announcing the availability of funds and issuing a solicitation for grant applications (SGA) for Local Young Offender Planning Grants, State/Local Juvenile Offender Implementation Grants and an Intermediary Juvenile Reentry Grant 73 FR 67884 (Nov. 17, 2008). This notice reopens the period during which applications for such funds may be submitted.
Trilogy Finishing, Inc., Detroit, MI; Notice of Revised Determination on Reopening
Document Number: E9-646
Type: Notice
Date: 2009-01-15
Agency: Employment and Training Administration, Department of Labor
Mt. Pleasant Hosiery Mills, Inc.; Mt. Pleasant, NC; Notice of Termination of Investigation
Document Number: E9-644
Type: Notice
Date: 2009-01-14
Agency: Employment and Training Administration, Department of Labor
Mannatech, Inc., Coppell, TX; Notice of Termination of Investigation
Document Number: E9-643
Type: Notice
Date: 2009-01-14
Agency: Employment and Training Administration, Department of Labor
JDSU Uniphase, Inc., San Jose, CA; Notice of Termination of Investigation
Document Number: E9-642
Type: Notice
Date: 2009-01-14
Agency: Employment and Training Administration, Department of Labor
Columbian Chemicals Company Marshall Plant Proctor, WV; Notice of Termination of Investigation
Document Number: E9-637
Type: Notice
Date: 2009-01-14
Agency: Employment and Training Administration, Department of Labor
Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
Document Number: E9-330
Type: Notice
Date: 2009-01-12
Agency: Department of Labor, Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) enforces mine operator compliance with mandatory safety and health standards that protect miners and improve safety and health conditions in U.S. Mines. This Federal Register Notice (FR Notice) notifies the public that it has investigated and issued a final decision on certain mine operator petitions to modify a safety standard.
Clarification of Employer Duty To Provide Personal Protective Equipment and Train Each Employee
Document Number: E9-311
Type: Rule
Date: 2009-01-09
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is correcting an error in the final rule published in the Federal Register on December 12, 2008, clarifying employers' duty to provide personal protective equipment and to train each employee.
Submission for OMB Review: Comment Request
Document Number: E9-207
Type: Notice
Date: 2009-01-09
Agency: Office of the Secretary, Department of Labor
Revisions to the Voluntary Protection Programs To Provide Safe and Healthful Working Conditions
Document Number: E9-165
Type: Notice
Date: 2009-01-09
Agency: Department of Labor, Occupational Safety and Health Administration
This notice, which sets forth the basic philosophy and requirements of the Occupational Safety and Health Administration's Voluntary Protection Programs (VPP), revises VPP's traditional focus on individual fixed worksites by adding two new ways to participate: Mobile workforce and corporate. A significant reorganization of the program helps clarify the multiple participation options now available. Additional changes include: Greater flexibility in the VPP Demonstration Program; modified provisions concerning Star Program Rate Reduction Plans and 1-Year Conditional status; clarified requirements for Federal agency participants performing construction activities; and a new expectation concerning outreach and mentoring activities.
Nationally Recognized Testing Laboratories; Satellite Notification and Acceptance Program
Document Number: E9-163
Type: Notice
Date: 2009-01-09
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces OSHA's implementation of the ninth supplemental program under its Nationally Recognized Testing Laboratory (NRTL) Program. This supplemental program is the Satellite Notification and Acceptance Program (SNAP), and participation by NRTLs in the SNAP is voluntary. The SNAP Description for this program specifies the conditions under which NRTLs may use SNAP sites to perform equipment testing and certification functions.
Proposed Collection, Comment Request
Document Number: E8-31393
Type: Notice
Date: 2009-01-06
Agency: Bureau of Labor Statistics, Department of Labor
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. The Bureau of Labor Statistics (BLS) is soliciting comments on the proposed extension of the Labor Market Information (LMI) Cooperative Agreement application package. A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the Addresses section of this notice.
Ideal, St. Augustine, FL; Notice of Termination of Investigation
Document Number: E8-31334
Type: Notice
Date: 2009-01-06
Agency: Employment and Training Administration, Department of Labor
Rexam Closure Systems, Inc., Bowling Green, OH; Notice of Negative Determination on Reconsideration
Document Number: E8-31330
Type: Notice
Date: 2009-01-06
Agency: Employment and Training Administration, Department of Labor
ITT Marine & Leisure, Gloucester, MA, Notice of Termination of Investigation
Document Number: E8-31332
Type: Notice
Date: 2009-01-05
Agency: Employment and Training Administration, Department of Labor
Newport Corporation, Irvine, CA; Notice of Termination of Investigation
Document Number: E8-31331
Type: Notice
Date: 2009-01-05
Agency: Employment and Training Administration, Department of Labor
Agency Information Collection Activities: Extension of a Currently Approved Information Collection; Comment Request
Document Number: E8-31264
Type: Notice
Date: 2009-01-05
Agency: Employment and Training Administration, Department of Labor
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 is soliciting comments concerning Form ETA 9127, Foreign Labor Certification Quarterly Activity Report. 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 at this WEB site: https://www.doleta.gov/OMBCN/OMBControlNumber.cfm.
Civil Penalties Under ERISA Section 502(c)(4)
Document Number: E8-31188
Type: Rule
Date: 2009-01-02
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a final regulation that establishes procedures relating to the assessment of civil penalties by the Department of Labor under section 502(c)(4) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act). The regulation is necessary to reflect recent amendments to section 502(c)(4) by the Pension Protection Act of 2006, under which the Secretary of Labor is granted authority to assess civil penalties not to exceed $1,000 per day for each violation of section 101(j), (k), or (l), or section 514(e)(3) of ERISA. The regulation will affect employee benefit plans, plan administrators and sponsors, fiduciaries, as well as participants, beneficiaries, employee representatives, and certain employers.
Addenda to the Memorandum of Understanding: To Formalize the Working Relationship Between the Department of Energy and the Department of Labor
Document Number: E8-31135
Type: Notice
Date: 2009-01-02
Agency: Department of Labor, Occupational Safety and Health Administration
This document is a notice of addenda to the August 28, 1992 interagency Memorandum of Understanding (MOU) between the U.S. Department of Labor and the U.S. Department of Energy. That MOU states that DOE has exclusive authority over the occupational safety and health of contractor employees at DOE Government-Owned and Contractor- Operated facilities (GOCOs). In addition, the MOU between the departments dated July 25, 2000, on safety and health enforcement at privatized facilities and operations provides that OSHA has regulatory authority over occupational safety and health at certain privatized facilities and operations on DOE land leased to private enterprises. This action is taken in accordance with the MOU of July 25, 2000, which establishes specific interagency procedures for the transfer of occupational safety and health coverage for such privatized facilities and operations from DOE to OSHA and state agencies acting under state plans approved by OSHA pursuant to section 18 of the Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C. 667. The MOUs may be found on the internet via the OSHA Web page https://www.osha.gov under the ``D'' for Department of Energy Transition Activities.
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