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

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Delinquent Filer Voluntary Compliance Program,'' 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 Department of Labor (DOL) is submitting the Office of the Assistant Secretary for Administration and Management sponsored information collection request (ICR) titled, ``Compliance Information ReportWorkforce Investment Act of 1998 and Complaint Information Form,'' 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 Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, which requires covered Federal contractors and subcontractors to take affirmative action in employment on behalf of specified categories of protected veterans. The proposed regulations would strengthen these affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations. They would also increase the contractor's data collection obligations, and require the contractor to establish hiring benchmarks to assist in measuring the effectiveness of its affirmative action efforts. Rescission of 41 CFR part 60-250 as obsolete is also proposed.

As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Department of Labor (DOL) is submitting a Generic Information Collection Request (Generic ICR): ``DOL Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.).

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Suspension of Pension Benefits,'' 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 Employment and Training Administration published a notice in the Federal Register on January 21, 2011, announcing the availability of funds and Solicitation for Grant Applications (SGA) for the Trade Adjustment Assistance Community College and Career Training grant program (TAACCCT) to be awarded through a competitive process. This amendment to the SGA clarifies items related to making portions of grant applications publicly available. The document is hereby amended. In Section IIIG3, of the solicitation (https://www.doleta.gov/ grants/pdf/SGA-DFA-PY-10-03.pdf), the following text should be replaced: Old Text``The Department is committed to conducting a transparent grant award process and publicizing information about program outcomes. Applicants are advised their application and information related to its review and evaluation (whether or not the application is successful) may be made publicly available, either fully or partially. In addition, information about grant progress and results may also be made publicly available.'' New Text``The Department is committed to conducting a transparent grant application and award process. Among other things, posting grant applications on public Web sites is a means of promoting and sharing innovative ideas. For this grant competition, we will publish the Technical Proposal required by Section IVB, Part II for all those applications that are awarded grants, on the Department's Web site or a similar location. Additionally, in accordance with Section IVB, Part IIIa, of the SGA, which states that the Abstracts will be shared publicly, we will publish the Abstracts for all applications on the Department's Web site or similar location. No other attachments to the application will be published. The Technical Proposals and Abstracts will not be published until after grants are awarded.'' DOL recognizes that grant applications sometimes contain information that an applicant may consider proprietary or business confidential, or they may contain personally identifiable information. Information is considered proprietary or confidential commercial/ business information when it is not usually disclosed outside your organization, and when its disclosure is likely to cause you substantial competitive harm. Personally identifiable information is information that can be used to distinguish or trace an individual's identity, such as a name, social security number, date and place of birth, mother's maiden name, or biometric records, or any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. In order to ensure that such information is properly protected from disclosure when DOL posts the winning Technical Proposals, applicants whose technical proposals will be posted will be asked to submit a second redacted version of their Technical Proposal, with proprietary, confidential commercial/business, and personally identifiable information redacted. All non-public information about the applicant's and consortium members' staff (if applicable) should be removed as well. The Department will contact the applicants whose technical proposals will be published by letter or email, and provide further directions about how and when to submit the redacted version of the Technical Proposal. Submission of a redacted version of the Technical Proposal will constitute permission by the applicant, and anyone identified in the application, for DOL to post that redacted version. If an applicant fails to provide a redacted version of the Technical Proposal, DOL will publish the original Technical Proposal in full, after redacting personally identifiable information. (Note that the original, unredacted version of the Technical Proposal will remain part of the complete application package, including an applicant's proprietary and confidential information and any personally identifiable information.) Applicants are encouraged to maximize the grant application information that will be publicly disclosed, and to exercise restraint and redact only information that truly is proprietary, confidential commercial/business information, or capable of identifying a person. The redaction of entire pages or sections of the Technical Proposal is not appropriate, and will not be allowed, unless the entire portion merits such protection. Should a dispute arise about whether redactions are appropriate, DOL will follow the procedures outlined in the Department's Freedom of Information Act (FOIA) regulations (29 CFR part 70). Redacted information in grant applications will be protected by DOL from public disclosure in accordance with Federal law, including the Trade Secrets Act (18 U.S.C. 1905), FOIA, and the Privacy Act (5 U.S.C. 552a). If DOL receives a FOIA request for your application, the procedures in DOL's FOIA regulations for responding to requests for commercial/business information submitted to the government will be followed, as well as all FOIA exemptions and procedures. 29 CFR 70.26. Consequently, it is possible that application of FOIA rules may result in release of information in response to a FOIA request that an applicant redacted in its ``redacted copy.'' The Department is working with OMB to meet the requirements of the Paperwork Reduction Act of 1965 (PRA), and will not require any applicants to submit any redactions until the PRA process has been completed. The public reporting burden for this collection of information is tentatively estimated at six hours per 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 to withdraw a petition for modification for the Speed Mining, Inc., American Eagle Mine, MSHA I.D. No. 46-05437. MSHA published a notice in the Federal Register on January 14, 2011 (76 FR 2725).

The Department of Labor (DOL) has submitted the information collection request (ICR) titled, ``Repurposed Auto Manufacturing Facilities Study,'' to the Office of Management and Budget (OMB) for review and clearance utilizing emergency review procedures in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35) and 5 CFR 1320.13. OMB approval has been requested by April 29, 2011.

The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Current Population SurveyBasic Labor Force,'' 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 Employment and Training Administration is issuing this notice to announce the receipt of a ``Certification of Non-Relocation and Market and Capacity Information Report'' (Form 4279-2) for the following: Applicant/Location: Sun Life Family Health Center, Inc./Queen Creek, Arizona. Principal Product/Purpose: The loan, guarantee, or grant application is to provide long-term financing of the headquarters facility and long-term working capital for the new expansion in the Casa Grande, Eloy, and Queen Creek facilities. The company's headquarters are located in Queen Creek, Arizona. The NAICS industry code for this enterprise is: 621498 (community health centers and clinics, outpatient).

On January 19, 2011, the Department of Labor (Department) published a final rule, Wage Methodology for the Temporary Non- agricultural Employment H-2B Program (Wage Final Rule),\1\ promulgating a new prevailing wage methodology, as proposed in the Department's October 5, 2010 Notice of Proposed Rulemaking (NPRM). The prevailing wage methodology set forth in the Wage Final Rule applies to wages paid for work performed on or after January 1, 2012. Employers whose work commences in 2011 and continues into 2012 will have to pay a prevailing wage determined under the new prevailing wage methodology for the work performed in 2012. In order to ensure that employers accurately attest to their need to pay a different wage when the Wage Final Rule is effective, the Department has amended the ETA Form 9142, Application for Temporary Employment Certification, Appendix B.1, to reflect the employer's obligation to pay at least the highest of the most recent prevailing wage that the Department issues to the employer and is in effect at the time the work is performed.

The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines,'' 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 Department of Labor (DOL) is submitting the Employee Benefits Security Administration sponsored information collection request (ICR) titled, ``Prohibited Transaction Exemption 98-54 Relating to Certain Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant to Standing Instructions,'' 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 Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Employee Retirement Income Security Act Class Exemption 81-8 for Investment of Plan Assets in Certain Types of Short-Term Investments,'' 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).