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

Workforce Investment Act Amendments
Document Number: E9-19801
Type: Proposed Rule
Date: 2009-08-19
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (DOL or Department) is announcing the withdrawal of the proposed rule that was published in the Federal Register on December 20, 2006 (71 FR 76558) relating to policy changes to the Workforce Investment Act and Wagner-Peyser Act Regulations. The Department no longer considers this proposed rule viable for final action at this time.
Submission for OMB Review: Comment Request
Document Number: E9-19793
Type: Notice
Date: 2009-08-18
Agency: Office of the Secretary, Department of Labor
Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Power Constructors Co.: Grant of a Permanent Variance
Document Number: E9-19761
Type: Notice
Date: 2009-08-18
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the grant of a permanent variance to Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Power
Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Power Constructors Co.: Grant of a Permanent Variance
Document Number: E9-19741
Type: Notice
Date: 2009-08-18
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the grant of a permanent variance to Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Power
Claims for Compensation; Death Gratuity Under the Federal Employees' Compensation Act
Document Number: E9-18523
Type: Rule
Date: 2009-08-18
Agency: Department of Labor, Office of Workers' Compensation Programs
This document contains the interim final regulations governing the administration of the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, by the Department of Labor (Department or DOL). Section 1105 provides a death gratuity payment to eligible survivors of Federal employees and non-appropriated fund instrumentality employees (NAFI employees) who die of injuries incurred in connection with service with an Armed Force in a contingency operation. Section 1105 amended the Federal Employees' Compensation Act (FECA) to add a new section, designated as section 8102a. The Secretary of Labor has the authority to administer and to decide all questions arising under FECA. 5 U.S.C. 8145. FECA authorizes the Secretary to prescribe rules and regulations necessary for the administration and enforcement of the Act. 5 U.S.C. 8149. The Secretary has delegated the authority provided by 5 U.S.C. 8145 and 8149 to the Assistant Secretary for Employment Standards who then delegated that authority to the Director of the Office of Workers' Compensation Programs (OWCP), who is responsible for the administration and implementation of FECA. 20 CFR 1.1. Thus OWCP will administer the adjudication of claims and the payment of the death gratuity under new section 8102a.
Application of State-Wide Personnel Actions to Unemployment Insurance Program
Document Number: E9-19523
Type: Notice
Date: 2009-08-14
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration provided guidance to States explaining the Department's position concerning the application of State-wide personnel actions to the unemployment compensation program. The original guidance, UIPL No. 09-98, was published in the Federal Register on February 10, 1998, as continuing guidance. This guidance had not been rescinded. However, to remind States of the Department's position, on March 11, 2009, the Department issued UIPL No. 18-09, with UIPL No. 09-98 as an attachment. UIPL No. 18-09 is published below to inform the public and is available at: https://wdr.doleta.gov/directives/attach/UIPL/UIPL18-09.pdf.
Treatment of Pension Rollover Distributions
Document Number: E9-19521
Type: Notice
Date: 2009-08-14
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration has provided guidance to State workforce agencies on an amendment to Federal unemployment compensation (UC) law that prohibits the reduction of UC due to nontaxable pension rollover distributions. This continuing guidance was issued on May 4, 2009 as UIPL No. 10-09 and is published below to inform the public. It rescinds UIPL No. 22-87, Change 2.
Federal-State Extended Unemployment Compensation Act of 1970-Temporary Changes in Extended Benefits
Document Number: E9-19519
Type: Notice
Date: 2009-08-14
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) has provided guidance to State workforce agencies in response to the enactment of temporary changes to the extended benefits (EB) program as a result of recent Congressional enactments. The first guidance, issued on January 2, 2009, as Unemployment Insurance Program Letter (UIPL) No. 7-09, advised State workforce agencies of the temporary change, enacted by Public Law 110-449, in Federal sharing for the first week of extended benefits (EB) under the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA) and is available at https://wdr.doleta.gov/directives/attach/UIPL/UIPL7- 09.pdf. UIPL No. 12-09, issued on February 23, 2009, provided guidance related to temporary changes in the EB program as a result of Public Law 111-5. The UIPL (available at: https://wdr.doleta.gov/directives/ attach/UIPL/UIPL12-09.pdf) addressed questions related to Federal sharing for cost benefits, benefit eligibility provisions, amendments to State law and reporting requirements. On May 4, 2009, ETA issued additional guidance with UIPL No. 12-09, Change 1 (available at: https://wdr.doleta.gov/directives/attach/UIPL/ UIPL12-09ch1.pdf) to address general questions about the EB program, work search requirements, submission of tangible evidence, suspension of work search requirements, interstate claims, terminating disqualifications using work, entitlement during high unemployment periods, beginning and ending dates of EB periods, and draft language for the Total Unemployment Rate (TUR) trigger. These three guidance documents are published below to inform the public.
Notification of the Recovery and Reemployment Research Conference
Document Number: E9-19516
Type: Notice
Date: 2009-08-14
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration will host a Recovery and Reemployment Research Conference on September 15 and 16, 2009 at the L'Enfant Plaza Hotel in Washington, DC. Purpose and Agenda: The conference is designed to give the workforce community an opportunity to engage with experts and colleagues to broaden their understanding of critical labor issues and challenges in the present economy. This conference translates specific research, pilot, demonstration, and evaluation efforts into actionable strategies that can be used in the workforce system. The conference, from a research perspective, builds on the success of the ReEmployment Works! Summit and subsequent Regional Recovery and Reemployment Forums. Participants will have the opportunity to hear about workforce strategies for green jobs, entrepreneurship, training, unemployment and reemployment services, and research and policy tools to manage and improve the systems. A goal of the conference is for participants to gain insight into what works and what can be replicated in communities across the nation. The conference will feature a combination of plenary sessions and workshops, including presentations by ETA leaders.
Solicitation for Grant Applications (SGA) Amendment Two; Pathways Out of Poverty
Document Number: E9-19510
Type: Notice
Date: 2009-08-14
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration published a document in the Federal Register on June 24, 2009, announcing the availability of funds and solicitation for grant applications (SGA) for Pathways Out of Poverty to be awarded through a competitive process. This amendment to the SGA clarifies items related to: (1) Use of funds for supportive services (section IV.F); and (2) identifying PUMA(s) to be served (section VIII.A.1). The document is hereby amended. 1. ``Use of Funds for Supportive Services'' section IV.F (page 30145) is revised as follows to indicate a change in the amount of grant funds that may be used for supportive services: a. Old Text``Grantees may use no more than 5% of their grant funds on these services.'' b. New Text``Grantees may use no more than 10% of their grant funds on these services.'' 2. ``Identify PUMA(s) to be Served'' section VIII.A.1 (page 30151) is revised to include the following paragraph at the end of the section regarding additional resources on PUMAs that may be helpful: a. New Text``Applicants should note that the PUMA maps display the outlines of census tracts but do not show census tract numbers or street names. Applicants looking for additional information on the street-level boundaries of PUMAs should cross-reference the appropriate PUMA map, which can be found here (https://www.census.gov/geo/www/maps/ puma5pct.htm) with the appropriate census tract maps, which can be found here (https://ftp2.census.gov/plmap/pltrt/). Follow the census tract map link above, which will display a list of States. Click on the appropriate State, and then click the appropriate county for a directory of map files for that county. Each county directory contains map files that show numbered census tracts and street names for specific areas within the county. For some counties, the first file in the directory will be an overview map of the entire county, which serves as an index for the remaining map files. Applicants can then match the census tract outlines on the PUMA map with the numbered census tracts depicted on the census tract maps. Identifying the census tracts that serve as the outer edge of the PUMA and zooming in on the census tract maps to see the street names will help applicants to identify the street-level boundaries of the PUMA.''
Trade Adjustment Assistance Program; Designation of Certifying Officers
Document Number: E9-19322
Type: Notice
Date: 2009-08-12
Agency: Employment and Training Administration, Department of Labor
The trade adjustment assistance (TAA) program operates under the Trade Act of 1974, as amended, to provide assistance to domestic workers adversely affected in their employment by certain types of foreign trade. The Trade and Globalization Adjustment Assistance Act of 2009 amended the Trade Act of 1974, expanded TAA coverage to more workers and firms, including workers and firms in the service sector; made benefits available to workers whose jobs have been off-shored to any country, as opposed to only covering certain shifts in production; and improved workers' training opportunities and opportunities for health insurance coverage. The new law also included additional funding for employment services and case management, extended income support, increased funding for training, and provided for earlier access to training. Workers become eligible for program benefits only if the worker group is certified under the Act as eligible to apply for adjustment assistance. From time to time the agency issues an Order designating or redesignating officials of the agency authorized to act as certifying officers, responsible for reviewing and signing adjustment assistance determinations. Employment and Training Order No. 1-09 was issued to revise the listing of officials designated as certifying officers, superseding the previous Order. The Employment and Training Order No. 1-09 is published below.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Escape and Evacuation Plans
Document Number: E9-19310
Type: Notice
Date: 2009-08-12
Agency: Department of Labor, Mine Safety and Health Administration
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.
Proposed Information Collection Request
Document Number: E9-19309
Type: Notice
Date: 2009-08-12
Agency: Department of Labor, Mine Safety and Health Administration
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.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Main Fan Operation and Inspection
Document Number: E9-19308
Type: Notice
Date: 2009-08-12
Agency: Department of Labor, Mine Safety and Health Administration
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.
Proposed Collection, Comment Request
Document Number: E9-19253
Type: Notice
Date: 2009-08-12
Agency: Department of Labor, Bureau of Labor Statistics, Labor Statistics Bureau
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 concerning the proposed revision of the ``Telephone Point of Purchase Survey.'' A copy of the proposed information collection request (ICR) can be obtained by
Notice of a Change in Status of an Extended Benefit (EB) Period for Texas
Document Number: E9-19203
Type: Notice
Date: 2009-08-11
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in benefit period eligibility under the EB program for Texas.
Notice of a Change in Status of an Extended Benefit (EB) Period for Arizona, Delaware, and New York
Document Number: E9-19201
Type: Notice
Date: 2009-08-11
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in benefit period eligibility under the EB program for Arizona, Delaware, and New York.
Submission for OMB Review: Comment Request
Document Number: E9-19197
Type: Notice
Date: 2009-08-11
Agency: Office of the Secretary, Department of Labor
Notice of a Change in Status of an Extended Benefit (EB) Period for New Hampshire
Document Number: E9-19196
Type: Notice
Date: 2009-08-11
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in benefit period eligibility under the EB program for New Hampshire.
Submission for OMB Review: Comment Request
Document Number: E9-19191
Type: Notice
Date: 2009-08-11
Agency: Office of the Secretary, Department of Labor
Revising Standards Referenced in the Acetylene Standard
Document Number: E9-18644
Type: Rule
Date: 2009-08-11
Agency: Department of Labor, Occupational Safety and Health Administration
In this direct final rule, the Agency is revising its Acetylene Standard for general industry by updating references to standards published by standards developing organizations (i.e., ``SDO standards''). This rulemaking is a continuation of OSHA's ongoing effort to update references to SDO standards used throughout its rules.
Revising Standards Referenced in the Acetylene Standard
Document Number: E9-18643
Type: Proposed Rule
Date: 2009-08-11
Agency: Department of Labor, Occupational Safety and Health Administration
In this Notice of Proposed Rulemaking (NPRM), the Agency is proposing to revise its Acetylene Standard for general industry by updating references to standards published by standards developing organizations (i.e., ``SDO standards''). OSHA also is publishing a direct final rule in today's Federal Register taking these same actions. This NPRM is the companion document to the direct final rule. This rulemaking is a continuation of OSHA's ongoing effort to update references to SDO standards used throughout its rules.
Submission for OMB Review: Comment Request
Document Number: E9-19082
Type: Notice
Date: 2009-08-10
Agency: Office of the Secretary, Department of Labor
Benzene Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: E9-19072
Type: Notice
Date: 2009-08-10
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Benzene (29 CFR 1910.1028).
Addenda to the Memorandum of Understanding: To Formalize the Working Relationship Between the Department of Energy and the Department of Labor (August 28, 1992)
Document Number: E9-19070
Type: Notice
Date: 2009-08-10
Agency: Department of Labor, Occupational Safety and Health Administration
This document is a notice of addenda to the 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 land formerly under the control of DOE. This action is taken in accordance with the July 25, 2000 MOU, 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.
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: E9-18664
Type: Notice
Date: 2009-08-05
Agency: Employment and Training Administration, Department of Labor
American Roller Bearing, Hiddenite, NC; Notice of Termination of Investigation
Document Number: E9-18654
Type: Notice
Date: 2009-08-05
Agency: Employment and Training Administration, Department of Labor
Fairchild Semiconductor, Signal Path Organization, South Portland, ME; Notice of Termination of Investigation
Document Number: E9-18652
Type: Notice
Date: 2009-08-05
Agency: Employment and Training Administration, Department of Labor
Cerro Flow Products, Inc., Sauget, IL; Notice of Revised Determination on Reconsideration
Document Number: E9-18650
Type: Notice
Date: 2009-08-05
Agency: Employment and Training Administration, Department of Labor
Trade Adjustment Assistance; Merit Staffing of State Administration and Allocation of Training Funds to States; Proposed Rule
Document Number: E9-18625
Type: Proposed Rule
Date: 2009-08-05
Agency: Employment and Training Administration, Department of Labor
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009, commonly called the Recovery Act, which reauthorized and significantly amended the Trade Adjustment Assistance for Workers (TAA) program under the Trade Act of 1974, as amended (Trade Act). In accordance with those amendments, the Employment and Training Administration (ETA) of the Department of Labor
Proposed Collection, Comment Request
Document Number: E9-18577
Type: Notice
Date: 2009-08-04
Agency: Department of Labor, Bureau of Labor Statistics, Labor Statistics Bureau
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 concerning the proposed reinstatement of the ``Current Population Survey (CPS) Displaced Worker, Job Tenure, and Occupational Mobility Supplement.'' A copy of the proposed information collection request (ICR) can be
Office of Workers' Compensation Programs; Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-18446
Type: Notice
Date: 2009-08-03
Agency: Employment Standards Administration, Department of Labor
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: Claim for Medical Reimbursement (Form OWCP-915). A copy of the proposed information collection request can be obtained by contacting the office listed
Notification of Employee Rights Under Federal Labor Laws
Document Number: E9-17577
Type: Proposed Rule
Date: 2009-08-03
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
This Notice of Proposed Rulemaking (NPRM) proposes a regulation to implement Executive Order 13496, which was signed by President Barack Obama on January 30, 2009. Executive Order 13496 (``the Executive Order,'' ``the Order,'' or ``EO 13496'') requires nonexempt Federal departments and agencies to include within their Government contracts specific provisions requiring that contractors and subcontractors with whom they do business post notices informing their employees of their rights as employees under Federal labor laws. The Executive Order requires the Secretary (``Secretary'') of the Department of Labor (``Department'') to initiate a rulemaking to prescribe the size, form, and content of the notice that must be posted by a contractor under paragraph 1 of the contract clause described in section 2 of the Order. Under the Executive Order, Federal Government contracting departments and agencies must include the required contract provisions in every Government contract, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold, and except in those cases in which the Secretary exempts a contracting department or agency with respect to particular contracts or subcontracts or class of contracts or subcontracts pursuant to section 4 of the Order. As required by the Executive Order, this proposed rule establishes the content of the notice required by the Executive Order's contract clause, and implements other provisions of the Executive Order, including provisions regarding sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order and the implementing regulations.
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