Department of Labor 2009 – Federal Register Recent Federal Regulation Documents

Calaveras Power Partners L.P., Matrix Service Inc., T. E. Ibberson Company, TICThe Industrial Company, and Zachry Construction Corporation (``the applicants'') applied for a permanent variance from the provisions of the OSHA standards that regulate boatswain's chairs and hoist towers, specifically paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In addition, the applicants requested an interim order based on the alternative conditions specified by the variance application. These alternative conditions consist of the same conditions specified in recent variances granted by OSHA from these hoist-tower and boatswain's-chair provisions, as well as several additional conditions that would provide employees with protection from shearing, fall, and struck-by hazards. Therefore, OSHA is granting the applicants' request for an interim order.

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).

This document contains final rules under the Employee Retirement Income Security Act, and parallel provisions in the Internal Revenue Code of 1986, relating to the provision of investment advice 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). These rules 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.

OSHA is requesting data, information, and comment on issues related to occupational exposure to diacetyl and food flavorings containing diacetyl, including current employee exposures to diacetyl; the relationship between exposure to diacetyl and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; employee training; medical surveillance for adverse health effects related to diacetyl exposure; and other pertinent subjects. In this notice, OSHA intends the term ``diacetyl and food flavorings containing diacetyl'' to encompass other constituents of food flavorings containing diacetyl. In addition to information on diacetyl, OSHA seeks information on acetoin, acetaldehyde, acetic acid, furfural, and other compounds present in food flavorings that may cause or contribute to flavoring-related lung disease. The Agency is also interested in and seeks information about diacetyl present in substances other than food flavorings (e.g., naturally occurring diacetyl or diacetyl in fragrances) as well as substitutes used in place of diacetyl (e.g., diacetyl trimer). The information received in response to this document will assist the Agency in developing a proposed standard addressing occupational exposure to diacetyl and food flavorings containing diacetyl.

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 and Training Administration is soliciting comments concerning the proposed extension of the Alternative Trade Adjustment Assistance Activities Report (ATAAAR). A copy of the proposed collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice by accessing: https://www.doleta.gov/OMBCN/OMBControlNumber.cfm.

Notice is hereby given of the renewal of a national advisory committee on apprenticeship that is necessary and in the public interest. Accordingly, the U.S. Department of Labor, the Employment and Training Administration has renewed the Advisory Committee on Apprenticeship Charter for two years and has made changes to the terms of members.

On December 14, 2008, the Office of Management and Budget (OMB) approved under the Paperwork Reduction Act (PRA) the Department of Labor's information collection request for requirements regarding Family and Medical Leave Act regulations, as published in the Federal Register on November 17, 2008. The PRA requires this notice to set forth the effectiveness of information collection requirements contained in a final rule.

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.

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.

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.