Department of Labor July 2011 – Federal Register Recent Federal Regulation Documents
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Labor-Management Reporting and Disclosure Act; Interpretation of the “Advice” Exemption
This document extends the period for comments on the proposed rule published on June 21, 2011 (76 FR 36178), regarding the interpretation of section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. 433, and corresponding revisions to the Form LM-10 Employer Report and to the Form LM-20 Agreement and Activities Report. The comment period, which was to expire on August 22, 2011, is extended to September 21, 2011.
Employment and Training Administration
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, is conducting a pre-clearance consultation to provide the general public and Federal agencies with an opportunity to comment on the continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA) 44 U.S.C. 3506(c)(2)(A). The Department undertakes this consultation 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. Through this Notice, the Employment and Training Administration (ETA) is soliciting comments concerning the extension of the approval for the information collection, Office of Management and Budget (OMB) Control Number 1205-0466, containing ETA Form 9141 Application for Prevailing Wage Determination and ETA Form 9142 Application for Temporary Employment Certification, which expires on November 30, 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; Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Quarterly Census of Employment and Wages
The Department of Labor (DOL) is submitting the revised Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Quarterly Census of Employment and Wages,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Equal Access to Justice Act
The Department of Labor (DOL) is submitting the information collection request (ICR) titled, ``Equal Access to Justice Act,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Design of Excavation Cave-in Protection Systems
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Design of Excavation Cave-in Protection Systems,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Alternative Method of Compliance for Certain Simplified Employee Pensions
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Alternative Method of Compliance for Certain Simplified Employee Pensions,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Report on Current Employment Statistics
The Department of Labor (DOL) is submitting the revised Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Report on Current Employment Statistics,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Group Health Plans and Health Insurance Issuers: Rules Relating to Internal Claims and Appeals and External Review Processes; Correction
This document corrects technical errors that appeared in the June 24, 2011 amendment to the interim final rules (76 FR 37208) entitled, ``Group Health Plans and Health Insurance Issuers: Rules Relating to Internal Claims and Appeals and External Review Processes.''
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Current Population Survey Volunteer Supplement
The Department of Labor (DOL) is submitting the revised Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Current Population Survey Volunteer Supplement,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Notice of a Change in Status of an Extended Benefit (EB) Period for Massachusetts, New Mexico, and New York
This notice announces a change in benefit period eligibility under the EB program for Massachusetts, New Mexico, and New York. The following changes have occurred since the publication of the last notice regarding the States' EB status: Based on data released by the Bureau of Labor Statistics on June 17, the three month average, seasonally adjusted total unemployment rates for Massachusetts, New Mexico, and New York fell below the 8.0% threshold necessary for a high unemployment period (HUP) in the EB program. As a result, the payable period for Massachusetts and New Mexico in HUP concluded July 9, 2011, and the payable period for New York in HUP concluded July 10, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 20 weeks to a maximum potential entitlement of 13 weeks in the EB program. The trigger notice covering state eligibility for the EB program can be found at: https://ows.doleta.gov/unemploy/claims_arch.asp.
Announcement Regarding States Triggering “Off” of Tiers Three and Four of Emergency Unemployment Compensation 2008 (EUC08)
Announcement regarding states triggering ``off'' of Tiers Three and Four of the Emergency Unemployment Compensation (EUC08) program. 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 June 17 by the Bureau of Labor Statistics, the following trigger changes have occurred for states in the EUC08 program: Indiana's three month average, seasonally adjusted total unemployment rate fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending July 9, 2011 was the last week in which EUC claimants in Indiana could exhaust Tier Three, and establish Tier Four eligibility. Under the phase-out provisions, claimants may receive any remaining entitlement they have in Tier Four after July 9, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 53 weeks to a maximum potential entitlement of 47 weeks in the EUC08 program. Oklahoma's three month average, seasonally adjusted total unemployment rate fell below the 6% threshold to remain ``on'' in Tier Three of the EUC08 program. The week ending July 9, 2011 was the last week in which EUC claimants in Oklahoma could exhaust Tier Two, and establish Tier Three eligibility. Under the phase-out provisions, claimants may receive any remaining entitlement they have in Tier Three after July 9, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 47 weeks to a maximum potential entitlement of 34 weeks in the EUC08 program.
United States-Peru Trade Promotion Agreement Notice of Determination Regarding Review of Submission #2010-03
The Office of Trade and Labor Affairs (OTLA) gives notice that on July 19, 2011, Submission 2010-03 was accepted for review pursuant to Article 17.2 of Chapter 17 (the Labor Chapter) of the United States-Peru Trade Promotion Agreement (PTPA). The submission was filed with OTLA on December 29, 2010, by a Peruvian union, the Sindicato Nacional de Unidad de Trabajadores de Superintendencia Nacional de Administraci[oacute]n Tributaria (SINAUT- SUNAT). The submission alleges the Government of Peru has violated Article 17.2 of the Labor Chapter of the PTPA by failing to adopt and maintain in its statutes and regulations, and practices thereunder, the effective recognition of the right to collective bargaining as stated in the International Labour Organization's Declaration on Fundamental Principles and Rights at Work and its Follow-Up. SINAUT-SUNAT alleges that the employer, Superintendencia Nacional de Administraci[oacute]n Tributaria (SUNAT) has refused to negotiate in good faith and engage constructively at various stages of the collective bargaining process, as required by Peruvian law. These allegations are supported by facts which, if substantiated, could demonstrate that the Government of Peru's actions were inconsistent with its commitments under the Labor Chapter. The objective of the review of the submission will be to gather information so that OTLA can better understand the allegations therein and publicly report on the U.S. Government's views regarding whether the Government of Peru's actions were consistent with its obligations under the Labor Chapter of the PTPA.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Respiratory Protection Standard
The Department of Labor (DOL) is submitting the Occupational
General Working Conditions in Shipyard Employment; Correction
The Occupational Safety and Health Administration is
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Rehabilitation Action Report
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Rehabilitation Action Report,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application of the Employee Polygraph Protection Act
The Department of Labor (DOL) is submitting the revised Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Application of the Employee Polygraph Protection Act,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Flexibility Program
The Department of Labor (DOL) is submitting the revised Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Workforce Flexibility Program,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Notice of Random Assignment Study To Evaluate Workforce Investment Act Adult and Dislocated Worker Programs; Request for Comment
The Department of Labor (DOL or the Department) is prepared to conduct an evaluation to provide rigorous, nationally representative estimates of the net impacts of intensive services and training provided under the Workforce Investment Act (WIA) Adult and Dislocated Worker Programs. The Department has determined that it is in the public interest to use a random assignment impact methodology for the study. In the local workforce investment areas (LWIAs) randomly selected to participate in this evaluation, all applicants for intensive services and training under the WIA Adult and Dislocated Worker programs will be required to participate in the study during a 12-18 month period. The Department is soliciting comments concerning the Department's plan to carry out the study.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employment and Training Administration Disaster Unemployment Assistance Handbook
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Employment and Training Administration Disaster Unemployment Assistance Handbook,'' (Form ETA-902 and ETA-902-A) to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Comment Request for Information Collection for State Integrated Workforce Plan Requirements for Workforce Investment Act of 1998 (WIA), Wagner-Peyser Act, and Department of Labor Workforce Programs, and for Unified Plan Requirements; Extension with Revisions
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; the 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 (ETA) is soliciting comments concerning the collection of data for State Integrated Workforce Plan Requirements for Workforce Investment Act/ Wagner-Peyser Act and Department of Labor Workforce Programs, and for Unified Plan Requirements. The State Integrated Workforce Plan Requirements substantially revise and replace the former WIA/Wagner- Peyser ``stand-alone'' planning guidance, formerly entitled ``Planning Guidance and Instructions for Submission of the Strategic State Plan for title I of the Workforce Investment Act of 1998 (WIA) and the Wagner-Peyser Act.'' The new requirements also include data collection for the Migrant and Seasonal Farmworker (MSFW) Annual Outreach Plan (AOP), Trade Adjustment Assistance (TAA), and Senior Community Service Employment Program (SCSEP) State Plans. SCSEP plans may now be optionally included in the State Integrated Workforce Plan submission. While these new requirements provide an option for states to integrate DOL-funded programs into a single plan, it does not replace Unified Plan guidance that exists under this same control number 1205-0398. A copy of the proposed information collection request (ICR) can be obtained at https://www.doleta.gov/usworkforce/wia-planning or by contacting the office listed below in the addressee section of this notice.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Unemployment Insurance Facilitation of Claimant Reemployment
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Unemployment Insurance Facilitation of Claimant Reemployment,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Requirements for Fee Disclosure to Plan Fiduciaries and Participants-Applicability Dates
This document delays specified applicability and effective dates of the Employee Benefits Security Administration's (EBSA) interim final rule concerning fiduciary-level fee disclosure and final rule concerning participant-level fee disclosure. These final rules were published in the Federal Register on July 16, 2010 and October 20, 2010, respectively. This document delays and more closely aligns the initial compliance dates of the two rules in order to provide regulated parties with more time to comply with the new disclosure requirements. This document adopts final amendments to the initial compliance dates for both rules.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Evaluation of the Adult and Dislocated Worker Program in the Workforce Investment Act
The Department of Labor (DOL) is submitting the proposed Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Evaluation of the Adult and Dislocated Worker Program in the Workforce Investment Act,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Advisory Committee on Construction Safety and Health (ACCSH)
ACCSH will meet July 28, 2011, in Washington, DC. In conjunction with the ACCSH meeting, ACCSH Work Groups will meet July 27, 2011. This Federal Register notice also announces the appointment of individuals to ACCSH.
Proposed Collection, Comment Request
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 (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. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed new collection of a module of questions about well-being, to follow the American Time Use Survey in 2012. A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
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: AR Mike Enterprise, Inc., Cameron, Arizona. Principal Product/Purpose: The loan, guarantee, or grant application is to finance the establishment of a new venture involving a Chevron gas station, Burger King Restaurant, McAlister's Deli and a convenience store, which will be located in Cameron, Arizona. The NAICS industry codes for this enterprise are: 447110 (gasoline stations with convenience stores) and 722211 (limited-service restaurants).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Report on Alien Claims Activity
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Report on Alien Claims Activity,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Vertical Tandem Lifts in Marine Terminals; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Vertical Tandem Lifts (VTLs) in Marine Terminals (29 CFR part 1917). The collection of information (paperwork) provisions of the Standard specify the development and implementation of a written plan for transporting vertically coupled containers in a terminal.
Division of Longshore and Harbor Workers' Compensation; Proposed Renewal of Existing Collection; Comment Request
The Department of Labor, as part of its continuing effort to
Federal Advisory Council on Occupational Safety and Health (FACOSH)
The Assistant Secretary of Labor for Occupational Safety and
Semiannual Agenda of Regulations
This document sets forth the Department's semiannual agenda of
Infectious Diseases
OSHA invites interested parties to participate in informal stakeholder meetings concerning occupational exposure to infectious diseases. OSHA plans to use the information gathered at these meetings to explore the possible development of a proposed rule to protect workers from occupational exposure to infectious agents in settings, either where workers provide direct patient care or where workers perform tasks other than direct patient care that also have occupational exposure. These other work tasks include: Providing patient support services (e.g., housekeeping, facility maintenance); handling, transporting, receiving or processing infectious items or wastes (e.g., transporting medical specimens, disposing of medical waste); conducting autopsies or performing mortuary services; and performing tasks in laboratories.
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