Department of Labor January 2011 – Federal Register Recent Federal Regulation Documents

Office of the Secretary
Document Number: 2011-2048
Type: Notice
Date: 2011-01-31
Agency: Department of Labor
The Department of Labor (DOL) hereby announces the submission of the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Regulations Containing Procedures for Handling of Retaliation Complaints,'' to the Office of Management and Budget (OMB) for review and approval for continued use, as revised, in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Notice of Renewal of the Advisory Committee on Apprenticeship (ACA) Charter
Document Number: 2011-1996
Type: Notice
Date: 2011-01-31
Agency: Employment and Training Administration, Department of Labor
The Secretary of Labor has determined that the renewal of a national advisory committee on apprenticeship is necessary and in the public interest. The Department of Labor will renew the ACA Charter with revisions. The revisions are not intended to change the purpose or the Committee's original intent. The revisions are intended as a routine updating of the Department's strategic goals and existing procedures. The Charter for the ACA expired on January 15, 2011.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Standard on Manlifts
Document Number: 2011-1995
Type: Notice
Date: 2011-01-31
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Standard on Manlifts,'' 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).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Gear Certification
Document Number: 2011-1970
Type: Notice
Date: 2011-01-31
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Gear Certification,'' 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).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act
Document Number: 2011-1943
Type: Notice
Date: 2011-01-28
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act,'' to the Office of Management and Budget (OMB) for review and approval for use, as revised, in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Grantee Quarterly Progress Report
Document Number: 2011-1893
Type: Notice
Date: 2011-01-28
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Grantee Quarterly Progress Report,'' to the Office of Management and Budget (OMB) for review and approval, as revised, for use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Report of Construction Contractor's Wage Rates
Document Number: 2011-1855
Type: Notice
Date: 2011-01-28
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Wage Hour Division (WHD) sponsored information collection request (ICR) titled, ``Report of Construction Contractor's Wage Rates,'' 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).
Employment and Training Administration
Document Number: 2011-1850
Type: Notice
Date: 2011-01-28
Agency: 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 and Training Administration is soliciting comments concerning the Office of Unemployment Insurance's collection of data on a revised form ETA 9000 that provides information about Internal Fraud and Overpayment Detection and Recovery Activities, the approval for which currently expires May 31, 2011. 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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; National Compensation Survey
Document Number: 2011-1843
Type: Notice
Date: 2011-01-28
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``National Compensation Survey,'' as proposed to be revised, to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Ionizing Radiation Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: 2011-1679
Type: Notice
Date: 2011-01-27
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in the Ionizing Radiation Standard (29 CFR 1910.1096). The information collection requirements contained in the Ionizing Radiation Standard protect workers from the adverse health effects that may result from occupational exposure to ionizing radiation including tissue damage and cancer.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2011-1595
Type: Notice
Date: 2011-01-27
Agency: Wage and Hour Division, 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. 3056(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 Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Notice to Examinee, Employee Polygraph Protection Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Standard on Fire Brigades; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: 2011-1665
Type: Notice
Date: 2011-01-26
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Fire Brigades (29 CFR 1910.156).
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-1616
Type: Notice
Date: 2011-01-26
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-1614
Type: Notice
Date: 2011-01-26
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-1612
Type: Notice
Date: 2011-01-26
Agency: Employment and Training Administration, Department of Labor
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Affordable Care Act Enrollment Opportunity Notice Relating to Extension of Dependent Coverage
Document Number: 2011-1465
Type: Notice
Date: 2011-01-25
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Affordable Care Act Enrollment Opportunity Notice Relating to Extension of Dependent Coverage,'' 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).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Continuation of Death Benefit for Student
Document Number: 2011-1425
Type: Notice
Date: 2011-01-25
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces submission of the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Application for Continuation of Death Benefit for Student,'' 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).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Slope and Shaft Sinking Plans
Document Number: 2011-1306
Type: Notice
Date: 2011-01-24
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces submission of the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Slope and Shaft Sinking Plans,'' 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).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Alien Employment Certification
Document Number: 2011-1294
Type: Notice
Date: 2011-01-24
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) hereby announces the submission of the information collection request (ICR) sponsored by the Employment and Training Administration (ETA) titled, ``Application for Alien Employment Certification,'' 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).
Notice of Funding Opportunity and Solicitation for Grant Application (SGA) for Trade Adjustment Assistance Community College and Career Training Grants Program
Document Number: 2011-986
Type: Notice
Date: 2011-01-21
Agency: Employment and Training Administration, Department of Labor
Through this notice, the Department of Labor's Employment and Training Administration (ETA) announces the availability of approximately $500 million in grant funds authorized in the Health Care and Education Reconciliation Act of 2010 (Reconciliation Act) from the Trade Adjustment Assistance Community College and Career Training Grants funding source to provide community colleges and other eligible institutions of higher education with funds to expand and improve their ability to deliver education and career training programs that can be completed in two years or less, are suited for workers who are eligible for training under the Trade Adjustment Assistance for Workers program, and prepare program participants for employment in high-wage, high- skill occupations. ETA intends to fund grants ranging from $2.5 million to $5 million for individual applicants and from $2.5 million to $20 million for consortium applicants with this SGA. The complete SGA and any subsequent SGA amendments, in connection with the Workforce Investment Act and Health Care and Education Reconciliation Act of 2010 (Reconciliation Act) is described in further detail on ETA's Web site at https://www.doleta.gov or on https:// www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.
Exemptions From Certain Prohibited Transaction Restrictions
Document Number: 2011-975
Type: Notice
Date: 2011-01-19
Agency: Employee Benefits Security Administration, Department of Labor
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). This notice includes the following: 2011-01, Wasatch Advisers, Inc., D- 11400; 2011-02, Morgan Stanley & Co. Incorporated, D-11489; and 2011- 03, The West Coast Bancorp 401(k) Plan (the Plan), D-11611: 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.
Proposed Exemptions From Certain Prohibited Transaction Restrictions
Document Number: 2011-974
Type: Notice
Date: 2011-01-19
Agency: Employee Benefits Security Administration, Department of Labor
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 notice includes the following proposed exemptions: D-11580, Robert W. Baird & Co. Incorporated and its Current and Future Affiliates and subsidiaries (collectively, Baird); and D-11611, Security Benefit Mutual Holding Company (MHC) Benefit Life Insurance Company (SBL, and together with the Applicants), et al.
Proposed Extension of Existing Information Collection; Records of Tests and of Examinations of Personnel Hoisting Equipment
Document Number: 2011-972
Type: Notice
Date: 2011-01-19
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 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 Records and Tests of Personnel Hoisting Equipment, 30 CFR 56/57.19022 and 30 CFR 75/77.1432 (Initial measurement); 30 CFR 56/57.19023 and 30 CFR 75/77.1433 (Examinations); 30 CFR 56/57.19121 (Recordkeeping); 30 CFR 75.1400-2 (Hoists; tests of safety catches; records); 30 CFR 75.1400-4 and 77.1404 (Certifications and records of daily examinations); and 30 CFR 77.1906 (Hoists; daily inspection).
Proposed Extension of Existing Information Collection; Respirator Program Records
Document Number: 2011-954
Type: Notice
Date: 2011-01-19
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 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 Respiratory Protection Program Records under 30 CFR 56.5005 and 57.5005.
Proposed Extension of Existing Information Collection; Rock Burst Control Plan, Metal and Nonmetal Mines
Document Number: 2011-953
Type: Notice
Date: 2011-01-19
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 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 57.3461 Rock Bursts.
Proposed Extension of Existing Information Collection; Hoist Operators' Physical Fitness
Document Number: 2011-952
Type: Notice
Date: 2011-01-19
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 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 56.19057 and 57.19057 on hoist operators' physical fitness.
Wage Methodology for the Temporary Non-agricultural Employment H-2B Program
Document Number: 2011-1117
Type: Rule
Date: 2011-01-19
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (the Department or DOL) is amending its regulations governing the certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status.
Fire Protection in Shipyard Employment Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
Document Number: 2011-1020
Type: Notice
Date: 2011-01-19
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in its Fire Protection in Shipyard Employment Standard (29 CFR 1915.501-1915.509).
Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of Six Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as Amended
Document Number: 2011-828
Type: Rule
Date: 2011-01-18
Agency: Department of Labor, Occupational Safety and Health Administration
This document provides the final text of regulations governing the employee protection (or ``whistleblower'') provisions of Section 211 of the Energy Reorganization Act of 1974, as amended, (``ERA''), implementing the statutory changes enacted into law on August 8, 2005, as part of the Energy Policy Act of 2005. The regulations also finalize changes to the procedures for handling retaliation complaints under Section 211 of the ERA and the six environmental whistleblower statutes that were designed to make them as consistent as possible with the more recently promulgated procedures for handling retaliation complaints under other whistleblower provisions administered by the Occupational Safety and Health Administration (OSHA).
Trade Adjustment Assistance Program; Designation of Certifying Officers
Document Number: 2011-825
Type: Notice
Date: 2011-01-14
Agency: Employment and Training Administration, Department of Labor
This notice is to designate Certifying Officers to carry out functions under the Trade Adjustment Assistance (TAA) program under chapter 2 of title II of the Trade Act of 1974, as amended (19 U.S.C. 2271 et seq.), and the implementing regulations at 29 CFR part 90. Background: The 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. This also is done when current Certifying Officials retire or leave and/or when there is a need to designate new Certifying Officials. Employment and Training Order No. 1-11 was issued to revise the listing of officials designated as Certifying Officers, superseding the previous Order. The Employment and Training Order No. 1-11 is published below.
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-762
Type: Notice
Date: 2011-01-14
Agency: Employment and Training Administration, Department of Labor
Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-745
Type: Notice
Date: 2011-01-14
Agency: Employment and Training Administration, Department of Labor
Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-743
Type: Notice
Date: 2011-01-14
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-740
Type: Notice
Date: 2011-01-14
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2011-739
Type: Notice
Date: 2011-01-14
Agency: Employment and Training Administration, Department of Labor
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