Department of Labor September 2010 – Federal Register Recent Federal Regulation Documents

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection provisions of the regulations under the Patient Protection and Affordable Care Act (Affordable Care Act) that are discussed below. A copy of the information collection requests (ICRs) may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (https://www.reginfo.gov/public/do/ PRAMain).

The Department of Labor through the Bureau of Labor Statistics (BLS) is responsible for the development and publication of occupational employment projections and related career information, including the education and training requirements for detailed occupations. The BLS issued a Federal Register notice on November 18, 2008 (Volume 73, Number 223), requesting comments on a proposed education and training system. On May 26, 2009, a notice was issued on the BLS Web site announcing that the BLS would continue to refine the system to classify occupations into education and training categories for use in 2010, and provide an experimental dataset on the new system. The new education and training system has been developed and the experimental dataset is ready for users to provide feedback.

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 Office of Workers' Compensation (OWCP) is soliciting comments concerning the proposed collection: Application for Continuation of Death Benefit for Student (LS-266). A copy of the proposed information collection request can be obtained by contacting the office listed below in the address section of this Notice.

The Department of Labor (DOL) hereby announces the submission of the information collection request (ICR) sponsored by the Employee Benefits Security Administration (EBSA) titled, ``Annual Information Return/Report of Employee Benefit Plan,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Mine Safety and Health Administration (MSHA) is issuing an emergency temporary standard (ETS) under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners in underground bituminous coal mines face when accumulations of coal dust are not made inert. MSHA has concluded, from investigations of mine explosions and other reports, that immediate action is necessary to protect miners. Accumulations of coal dust can ignite, resulting in an explosion, or after an explosion, they can intensify flame propagation, increasing the severity of explosions. The ETS requires mine operators to increase the incombustible content of combined coal dust, rock dust, and other dust to at least 80 percent in underground areas of bituminous coal mines. The ETS further requires that the incombustible content of such combined dust be raised 0.4 percent for each 0.1 percent of methane present. The ETS strengthens the protections for miners by reducing the potential for a coal mine explosion and reducing the severity of explosions should they occur.

On September 16, 2010, the Employment and Training Administration published a Notice announcing an Open Meeting of the Advisory Committee on Apprenticeship (ACA) and identifying the members of the Committee. 75 FR 56578. The title and text of the notice mistakenly included the phrase ``Renewal of the Advisory Committee on Apprenticeship (ACA)'' which may have inadvertently confused the intention of the notice. We are publishing a Notice of revision today to clarify that the Committee and its Charter have not been renewed; the current members were appointed, and the meeting is being conducted, under the 2009 ACA Charter.

The Bureau of Labor Statistics (BLS) is responsible for developing and implementing the collection of new data on green jobs. The resulting information will be useful for evaluating policy initiatives and the labor market impact of economic activity related to protecting the environment and conserving natural resources. BLS activities also will be useful to State labor market information offices in their efforts to meet the need for information for State policymakers, businesses, and job seekers. In a Federal Register Notice on March 16, 2010 (75 FR 12571), BLS solicited comments on the definition BLS will use in measuring green jobs, the list of industries where green goods or services are classified, or any other aspect of the information provided in the notice. The current notice summarizes the comments received and the BLS response to the comments, and provides the final BLS definition of green jobs for use in data collection. Appendices. This notice includes four appendices in the SUPPLEMENTARY INFORMATION section below. Appendix I summarizes the comments received on the proposed definition of green jobs and the BLS response. Appendix II presents the final definition of green jobs BLS will use for data collection beginning in FY 2011. Appendix III summarizes comments on identifying industries where green goods and services are classified and the approach BLS intends to use for data collection beginning in FY 2011. Appendix IV summarizes comments received on the BLS plan to measure green jobs and the BLS response.

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations.

The Employment and Training Administration (ETA) of the United States Department of Labor (Department) issues this final rule to implement Federal requirements conditioning a State's receipt of interest-free advances from the Federal Government for the payment of unemployment compensation (UC) upon the State meeting ``funding goals, established under regulations issued by the Secretary of Labor.'' This final rule requires that States meet a solvency criterion in one of the 5 calendar years preceding the year in which advances are taken; and to meet two tax effort criteria for each calendar year after the solvency criterion is met up to the year in which an advance is taken.

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 [44 U.S.C. 3506(c)(2)(A)]. This program helps to assure 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 Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection for 30 CFR 75.1915/72.503, 72.510, 72.520 and Part 7 or Part 36 as a result of Sec. 72.500.

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 [44 U.S.C. 3506(c)(2)(A)]. This program helps to assure 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 Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection for Slope and Shaft Sinking Plans, 30 CFR 77.1900.

The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award, through a competitive and merit-based process, two or more cooperative agreements to organizations to implement projects to combat exploitative child labor by promoting educational and training opportunities for target children and sustainable livelihoods for their households. In FY 2010, ILAB received Congressional authority to fund subgrants and microfinance activities. ILAB intends to obligate up to $9.5 million for a child labor elimination project(s) in Egypt and up to $4 million for a child labor elimination project(s) in Jordan. Projects to be funded under these solicitations will need to address the following five goals: 1. Reducing exploitative child labor, especially the worst forms through the provision of direct educational services and by addressing root causes of child labor, including innovative strategies to promote sustainable livelihoods of target households; 2. Strengthening policies on child labor, education, and sustainable livelihoods, and the capacity of national institutions to combat child labor, address its root causes, and promote formal, nonformal and vocational education opportunities to provide children with alternatives to child labor; 3. Raising awareness of exploitative and hazardous child labor and its root causes, and the importance of education for all children and mobilizing a wide array of actors to improve and expand education infrastructures; 4. Supporting research, evaluation, and the collection of reliable data on child labor, its root causes, and effective strategies, including educational and vocational alternatives, microfinance and other income generating activities to improve household income; and 5. Ensuring the long-term sustainability of these efforts. ILAB intends to solicit cooperative agreement applications from qualified organizations (i.e., any commercial, international, educational, or non-profit organization, including any faith-based, community-based, or public international organization(s), capable of successfully developing and implementing child labor projects) to implement these projects. Please refer to https://www.dol.gov/ILAB/ grants/main.htm for examples of previous notices of availability of funds and solicitations for cooperative agreement applications (SGAs). Key Dates: The forthcoming SGAs will be published on https:// www.grants.gov and USDOL/ILAB's Web site. A brief synopsis of the SGA(s), which will include Web site links to the full text solicitation(s), will be published in the Federal Register. The SGA(s) will remain open for at least 45 days from the date of publication. All cooperative agreement awards will be made on or before December 31, 2010. Submission Information: Applications in response to the forthcoming SGAs may be submitted electronically via https://www.grants.gov or hard copy by mail. Hard copy applications must be delivered to: U.S. Department of Labor, Procurement Services Center, 200 Constitution Avenue, NW., Room S-4307, Washington, DC 20210, Attention: Georgiette Nkpa. Any application sent by other delivery methods, including e-mail, telegram, or facsimile (FAX) will not be accepted.

Pursuant to section 10 of the Federal Advisory Committee Act (Pub. L. 92 463; 5 U.S.C. APP. 1), notice is hereby given to announce the renewal of the ACA, the new membership appointments, and an open meeting being held on October 27-28, 2010. The Employment and Training Administration (ETA) hereby announces the renewal of the ACA and that membership appointments have been made to fill committee vacancies. The ACA is an advisory board, authorized by 29 U.S.C. 50a, which permits the Secretary of Labor to appoint a national advisory committee to serve without compensation, and complies with the requirements of the Federal Advisory Committee Act (5 U.S.C., App.). The ACA will provide advice and recommendations to the Secretary of Labor on a variety of matters facing the National Registered Apprenticeship System. The ACA membership is comprised of individuals that represent labor unions, employers, and members of the public. All members were appointed in July 2010, for two-year terms expiring in July 2012. Pursuant to the ACA Charter, the National Association of State and Territorial Apprenticeship Directors (NASTAD) and the National Association of Governmental Labor Officials (NAGLO) are both represented by their current Presidents on the public group of the ACA. The Secretary has appointed Ms. Phaedra Ellis-Lamkins, Chief Executive Officer from Green for All as the Chairperson of the ACA.

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.