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

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Excavations (Design of Cave-in Protection Systems) (29 CFR part 1926, subpart P).

The Department of Labor (DOL), 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 addition of seven new questions to the National Agricultural Workers Survey (NAWS) regarding: (1) The amount of time per day farm workers are engaged working in specific crops and tasks, and (2) farm workers' clothes laundering and hygiene practices. The information obtained from these questions will improve the Environmental Protection Agency, Office of Pesticide Programs' (EPA/ OPP) ability to assess farm workers' risk to pesticide exposure. There are no known national-level studies that assess the length of the work day for specific crop-task combinations. The Office of Management and Budget (OMB) authorization for the current NAWS questionnaire will expire on October 31, 2013. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice.

This document announces that certain technical revisions to the Schedule MB (Multiemployer Defined Benefit Plan and Certain Money Purchase Plan Actuarial Information) and the Schedule SB (Single- Employer Defined Benefit Plan Actuarial Information) of the Form 5500 Annual Return/Report of Employee Benefit Plan have been adopted in IRS Notice 2010-83 (2010-51 I.R.B. 862) and IRS Notice 2011-3 (2011-2 I.R.B. 263) to reflect funding relief alternatives retroactively available to defined benefit pension plans under the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (Pension Relief Act). The information that would be required either by way of amendment of the 2008 or 2009 Annual Return/Report or providing an attachment to the 2009 or 2010 Annual Return/Report in accordance with the IRS Notices, will also be added to the 2011 and later Schedule MB (Multiemployer Defined Benefit Plan and Certain Money Purchase Plan Actuarial Information) and the Schedule SB (Single- Employer Defined Benefit Plan Actuarial Information) of the Form 5500 Annual Return/Report of Employee Benefit Plan. Compliance with the Schedule SB and Schedule MB, as modified, will satisfy the pertinent Form 5500 actuarial information reporting requirements for the Department of Labor.

The Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Pattern of Violations (POV). This extension gives commenters additional time to review and comment on the proposed rule.

This notice announces a change in benefit period eligibility under the EB program for Michigan. The following changes have occurred since the publication of the last notice regarding the State's EB status: Based on data released by the Bureau of Labor Statistics on March 10, 2011, Michigan no longer meets the 110% criteria to remain ``on'' in the EB program. As a result, the payable period for Michigan in the EB program will conclude April 2, 2011. The trigger notice covering state eligibility for the EB program can be found at: https://ows.doleta.gov/unemploy/claims_arch.asp.

Announcement regarding Pennsylvania's triggering ``off'' Tier Four of Emergency Unemployment Compensation 2008 (EUC08). Public Law 111-312 extended provisions in Public Law 111-92 which amended prior laws to create a Third and Fourth Tier of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https:// ows.doleta.gov/unemploy/claimsarch.asp. Based on data published March 10, 2011, by the Bureau of Labor Statistics, the following trigger change has occurred for Pennsylvania in the EUC08 program: The seasonally-adjusted total unemployment rate for the 3- month period ending January 2011 for Pennsylvania fell below the 8.5% threshold to remain ``on'' Tier Four of the EUC08 program. As a result, the payable period for Pennsylvania in Tier Four of the EUC08 program will conclude April 2, 2011, and the maximum potential entitlement of 47 weeks will decrease to a maximum potential entitlement of 34 weeks in the EUC08 program.

The Department of Labor (Department or DOL), 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 required 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 Department is soliciting comments concerning its proposal to collect information on employees' and employers' experience with family and medical leave under the Family Medical Leave Act. A copy of the proposed ICR can be obtained by contacting the office listed below in the addressee section of this notice.