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

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.

This notice announces a change in benefit period eligibility under the EB Program for Washington. The following change has occurred since the publication of the last notice regarding the State's EB status: Based on data reported by the Bureau of Labor Statistics on January 27, 2009, Washington's 3-month seasonally adjusted total unemployment rate was 6.6 percent and equals or exceeds 110 percent of the corresponding rate in both prior years. This causes Washington to be triggered ``on'' to an EB period beginning February 15, 2009.

This notice announces a change in benefit period eligibility under the EB Program for Oregon. The following change has occurred since the publication of the last notice regarding the State's EB status: Based on data reported by the Bureau of Labor Statistics on January 27, 2009, Oregon's 3-month seasonally adjusted total unemployment rate rose to 8.1 percent, exceeding the 8 percent threshold. This causes the State to be triggered ``on'' to a high unemployment period (HUP) in the EB program period beginning February 15, 2009.

This notice announces a change in benefit period eligibility under the EB Program for Idaho. The following change has occurred since the publication of the last notice regarding the State's EB status: Idaho's 13-week insured unemployment rate (IUR) for the week ending January 24, 2009, rose to 5.10 percent and exceeds 120 percent of the corresponding average rate in the two prior years. Therefore, beginning the week of February 08, 2009, eligible unemployed workers will be able to collect up to an additional 13 weeks of UI benefits.

This final rule delays the effective date of new regulations pertaining to the filing by labor organizations of annual financial reports required by the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA). The regulations were published in the Federal Register on January 21, 2009. They revised Labor Organization Annual Report Form LM-2 and established a procedure whereby the Department may revoke, when warranted, a labor organization's authorization to file the simplified Labor Organization Annual Report Form LM-3. This final rule postpones the effective date of the regulations from February 20, 2009, until April 21, 2009, to allow additional time for the agency and the public to review questions of law and policy concerning the regulations and, meanwhile, to permit unions to delay costly development and implementation of any necessary new accounting and recordkeeping systems and procedures pending this further consideration.

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 the Office of Management and Budget (OMB) approval of the Information Collection: Notice of Termination, Suspension, Reduction or Increase in Benefit Payments (CM- 908). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this 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. On November 21, 2008, the Department published a Notice in the Federal Register soliciting comments on its proposed extension of the information collection provisions of regulations pertaining to section 101(f) of the Employee Retirement Income Security Act of 1974 (ERISA). As discussed more fully below, the Department is hereby amending the notice to provide the public with an additional 30-day period to comment on the revisions to the information collection contained in Field Assistance Bulletin 2009-1, which was issued by the Department on February 10, 2009.