Department of Labor September 2011 – Federal Register Recent Federal Regulation Documents
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Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective Date; Impact on Prevailing Wage Determinations
The Department of Labor (Department) recently postponed the effective date of the Wage Methodology for the Temporary Non- agricultural Employment H-2B Program Final Rule, January 19, 2011 (the Wage Rule), to November 30, 2011, due to pending legal challenges, pursuant to the Administrative Procedure Act. This document provides guidance to the employers who have received supplemental wage determinations based on the new prevailing wage methodology set forth in the Wage Rule, as to the prevailing wages that would apply before and after the new effective date of November 30, 2011.
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 extension of the ``Mass Layoff Statistics Program.'' 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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Miner's Claim for Benefits Under the Black Lung Benefits Act and Employment History
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Miner's Claim for Benefits Under the Black Lung Benefits Act and Employment History,'' 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 (44 U.S.C. 3501 et seq.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Representative Payee Report, Representative Payee Report, Short Form, Physician's/Medical Officer's Statement
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Representative Payee Report, Representative Payee Report, Short Form, Physician's/Medical Officer's Statement,'' 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 (44 U.S.C. 3501 et seq.).
Comment Request for Information Collection; Apprenticeship Programs, Labor Standards for Registration; Extension With Revisions
The Department of Labor (Department), 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 (ETA) is soliciting comments concerning the collection of data about Title 20 CFR part 29, Apprenticeship Programs, Labor Standards for Registration with an expiration date of January 31, 2012. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addresses section of this notice.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employee Retirement Income Security Act Prohibited Transaction Exemption 86-128
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration sponsored information collection request (ICR) titled, ``Employee Retirement Income Security Act Prohibited Transaction Exemption 86-128,'' 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 (44 U.S.C. 3501 et seq.).
Federal Advisory Council on Occupational Safety and Health
OSHA is reopening the record and extending the deadline for submitting nominations for membership on the Federal Advisory Council on Occupational Safety and Health (FACOSH) until October 31, 2011.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective Date
The Department of Labor (Department) is postponing the effective date of the Wage Methodology for the Temporary Non- Agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule). The Wage Rule revised the methodology by which we calculate 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 to employ a nonimmigrant worker in H-2B status. The effective date of the Wage Rule was set at January 1, 2012. However, the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Amendment of Effective Date; Final Rule, 76 FR 45667, August 1, 2011 revised the effective date to September 30, 2011. Due to pending legal challenges, we are postponing the effective date of the Wage Rule to November 30, 2011, pursuant to the Administrative Procedure Act, 5 U.S.C. 705.
Extension Request for Collection of Baseline Information for Green Jobs and Health Care Impact Evaluation of ARRA-Funded Grants
The Department of Labor (Department or DOL), 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 (PRA) [44 U.S.C. 3505(c)(2)(A)]. The 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 the collection requirements on respondents can be properly assessed. Currently the Employment and Training Administration (ETA) is soliciting comments concerning the continued collection of baseline data to support the evaluation of the impact of the Green Jobs and Health Care American Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act)-funded training grants. The present OMB approval expires January 31, 2011. This information collection follows an emergency review that was conducted in accordance with the Paperwork Reduction Act of 1995 and 5 CFR 1320.13. The submission for OMB emergency review was approved on July 18, 2011. A copy of this ICR can be obtained from the RegInfo.gov Web site at https://www.reginfo.gov/public/do/PRAMain.
National Advisory Committee on Occupational Safety and Health (NACOSH)
The Assistant Secretary of Labor for Occupational Safety and Health requests nominations for membership on NACOSH.
Proposed Extension of the Approval of Information Collection Requirements
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 a 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: The Family and Medical Leave Act Optional Forms. 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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Office of Federal Contract Compliance Programs Recordkeeping and Reporting Requirements-Supply and Service
The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored revised information collection request (ICR) titled, ``Office of Federal Contract Compliance Programs Recordkeeping and Reporting Requirements Supply and Service,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Occupational Injury and Illness Recording and Reporting Requirements-NAICS Update and Reporting Revisions
OSHA is reopening the rulemaking record to allow interested persons to comment on OSHA's proposal to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation and the proposed requirement to report to OSHA, within eight hours, all work- related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The docket is being reopened in response to a request made by the National Automobile Dealers Association. The record will remain open for 30 days.
Bureau of International Labor Affairs; Office of Trade and Labor Affairs; National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements; Notice of Open Meeting
Pursuant to the Federal Advisory Committee Act (FACA), as amended, 5. U.S.C. app. 2, the Office of Trade and Labor Affairs (OTLA) gives notice of a meeting of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements (``Committee'' or ``NAC''), which was established by the Secretary of Labor. During the inaugural meeting of the NAC on August, 25, 2011, a Sub- Committee was established to provide recommendations on how the United States can facilitate full implementation of the recommendations contained in the White Paper of the Working Group of the Vice Ministers Responsible for Trade and Labor in the Countries of Central America and the Dominican Republic. The purpose of the meeting is to present the recommendations developed by the Sub-Committee to the entire Committee. The Committee will review, discuss and finalize a set of recommendations for the Secretary of Labor through the Bureau of International Labor Affairs (ILAB) that will be included in the second Biennial CAFTA-DR Report to Congress.
Notice of Debarment: Manheim, Inc.
This notice advises of the debarment of Manheim, Inc., Manheim Auctions Government Services, LLC, and all wholesale vehicle remarketing facilities located in the United States which are owned, either directly or indirectly, by Manheim, Inc. (hereinafter referred to collectively as ``Manheim Entities''), as eligible bidders on future Government contracts or extensions or substantive modifications of existing contracts, except as otherwise stated in the Consent Decree, the full terms of which are published below. The debarment is effective immediately.
Petitions for Modification of Application of Existing Mandatory Safety Standards
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 submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below to modify the application of existing mandatory safety standards codified in Title 30 of the Code of Federal Regulations.
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 extension of the ``Local Area Unemployment Statistics (LAUS) Program.'' 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.
Exemptions From Certain Prohibited Transaction Restrictions
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: [D-11513, 2011-18 Northern Trust Corporation; D-11576, 2011-19 Bank of America, NA et al.; and D-11659, 2011-20 Pacific Capital Bancorp Amended and Restated Incentive and Investment and Salary Savings Plan (the Plan).
Proposed Exemptions From Certain Prohibited Transaction Restrictions
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- 11676 The Kemper Corporation Pension Plan (the Plan); L-11618 Oregon- Washington Carpenters Employers Apprenticeship and Training Trust Fund (the Plan); and L-11647 R+L Carriers Shared Services, LLC
Agency Information Collection Activities; Submission for OMB Emergency Review: Comment Request, Guam Military Base Realignment Contractors Recruitment Standards
The U.S. Department of Labor (DOL) has submitted the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Guam Military Base Realignment Contractors Recruitment Standards,'' 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 October 19, 2011.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Attestation by Employers Using Crewmembers for Longshore Activities at Locations in the State of Alaska
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Attestation by Employers Using Crewmembers for Longshore Activities at Locations in the State of Alaska,'' (Form ETA- 933A) 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; Federal Employees Compensation Act Medical Report Forms, Claim for Compensation
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Federal Employees Compensation Act Medical Report Forms, Claim for Compensation,'' as revised, to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Proposed Information Collection Request of the ETA 581, Contribution Operations Report; Extension Without Change
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 collection 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. 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 or by accessing: https://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.
Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
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 Federal Register Notice notifies the public that MSHA has investigated and issued a final decision on certain mine operator petitions to modify a safety standard.
Proposed Extension of Existing Information Collection; Automatic Fire Sensor and Warning Device Systems; Examination and Test Requirements
The Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of an existing information collection, OMB Control Number 1219-0145. This information collection was originally titled Safety Standards Regarding Technical Study Panel Recommendations on the Utilization of Belt Air and the Composition and Fire Retardant Properties of Belt Materials in Underground Coal Mining. OMB 1219-0145 has been renamed Automatic Fire Sensor and Warning Device Systems; Examination and Test Requirements to reflect that the information collection is only for extending the approval of the information collection related to 30 CFR Sec. Sec. 75.1103-8(b) and (c). MSHA expects to subsume these provisions into OMB 1219-0054, Fire Protection (Underground Coal Mines) when that package is renewed in January 2013. No provisions will then remain in OMB 1219-0145 and the package will be discontinued. Other provisions of the original OMB 1219-0145 package have been subsumed into existing information collection packages as follows: OMB 1219-0009 subsumed Sec. 48.27(a) Training of miners assigned to a task in July 2011; OMB 1219-0073 subsumed Sec. 75.1103-5(a)(2)(ii) Automatic fire sensor and warning device systems and the package is at OMB for its 3-year review; OMB 1219-0088 subsumed Sec. Sec. 75.350(a)(2), 75.350(b), 75.350(b)(7), 75.350(b)(8), 75.350(d)(1), and 75.350(e)(1)(v) Belt air course ventilation; Sec. 75.351(e)(1)(v) Atmospheric monitoring systems (AMS); Sec. Sec. 75.370(a)(3) and (f) Mine ventilation plan submission and approval; Sec. Sec. 75.371(jj), 75.371(mm), 75.371(nn), and 75.371(yy) Mine ventilation plan contents; Sec. 75.380(f)(1) Escapeways; bituminous and lignite mines; Sec. 75.381(e) Escapeways; anthracite mines; and Sec. 75.1103-5(a) Automatic fire warning devices; actions, response in October 2010; OMB 1219-0127 subsumed Sec. 75.156 AMS operator, qualifications and the package is at OMB for its 3-year review. 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 and state agencies with an opportunity to comment on proposed 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 ensure that requested information collections are in formats appropriate to the mining community, that reporting is minimal, collection instruments are clearly understood, and that the impact of collection requirements can be properly assessed.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Enhanced Traditional Jobs Demonstration
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored and proposed information collection request (ICR) titled, ``Enhanced Traditional Jobs Demonstration,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Workforce Investment Act; Native American Employment and Training Council
Pursuant to Section 10 (a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended, and Section 166 (h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIA.
Renewal of the Native American Employment and Training Council (Council) Charter
Notice is hereby given regarding the renewal of the Workforce Investment Act (WIA), Section 166 Indian and Native American program Charter that is necessary and in the public interest. Accordingly, the U.S. Department of Labor (the Department), the Employment and Training Administration (ETA) has renewed the Council Charter for two years commencing on August 31, 2011 through August 31, 2013. The Charter includes language regarding membership diversity and changes to the terms of members.
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 extension of the ``Cognitive and Psychological Research.'' 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.
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