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

The Department of Labor (Department) is delaying 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) to January 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement administer, or enforce the Wage Rule before January 1, 2012. 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 Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust,'' 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.).

The Occupational Safety and Health Administration (OSHA) is extending the comment period for its notice presenting the Agency's preliminary finding on the application of Curtis Straus LLC (CSL) for renewal of its Nationally Recognized Testing Laboratory (NRTL).

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Work Opportunity Tax Credit and Welfare-to-Work Tax Credit,'' 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 (PRA) of 1995 (44 U.S.C. 3501 et seq.).

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 proposed extension of the O*NET (Occupational Information Network) Data Collection Program. 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.onetcenter.org/ombclearance.html

Announcement regarding Notice of a Change in Status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Indiana, the Virgin Islands, West Virginia, and Wyoming. 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 released by the Bureau of Labor Statistics on September 16, 2011, the three month average, seasonally adjusted total unemployment rate for Indiana rose to meet the 8.5% threshold to trigger ``on'' in Tier Four of the EUC08 program. The payable period for Indiana in Tier Four of EUC began October 9. Based on data released by the Bureau of Labor Statistics on October 7, 2011, the estimated three month average, seasonally adjusted total unemployment rate for the Virgin Islands rose to exceed the 8.5% threshold to trigger ``on'' in Tier Four of the EUC08 program. The payable period for the Virgin Islands in Tier Four of EUC began October 23. As a result, the maximum potential duration of 47 weeks will increase to a maximum potential duration of 53 weeks in the EUC08 program. Based on data released by the Bureau of Labor Statistics on August 19, the three month average, seasonally adjusted total unemployment rate for West Virginia fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending September 10, 2011 was the last week in which EUC claimants in West Virginia could exhaust Tier 3, and establish Tier Four eligibility. Under the phase-out provisions, claimants who were in Tier Four can receive any remaining entitlement they have in Tier Four after September 10, 2011; for all other claimants the maximum potential duration is 47 weeks in the EUC08 program. Based on data released by the Bureau of Labor Statistics on August 19, the three month average, seasonally adjusted total unemployment rate for Wyoming fell below the 6.0% threshold to remain ``on'' in Tier Three of the EUC08 program. The week ending September 10, 2011 was the last week in which EUC claimants in Wyoming could exhaust Tier Two, and establish Tier Three eligibility. Under the phase-out provisions, claimants who were in Tier Three can receive any remaining entitlement they had in Tier Three after September 10, 2011; for all other claimants the maximum potential duration is 34 weeks in the EUC08 program.

ACCSH will meet December 15-16, 2011, in Washington, DC. In conjunction with the ACCSH meeting, ACCSH Work Groups will meet December 13-14, 2011. This notice also announces the appointment of a new ACCSH member and ACCSH chair.

OSHA solicits public comments concerning its request for an extension of the Office of Management and Budget's (OMB) approval of the information collection requirements associated with its regulations and program regarding State Plans for the development and enforcement of state occupational safety and health standards (29 CFR Parts 1902, 1952, 1953, 1954, 1955, 1956).

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: Jekyll Island Ocean Front Hotel Principal Product/Purpose: The loan, guarantee, or grant application is to construct a new full service hotel, which will be located in Jekyll Island, Georgia. The NAICS industry code for this enterprise is: 721110 (hotels and motels).

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Occupational Exposure to Hazardous Chemicals in Laboratories (29 CFR 1910.1450).

The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet Thursday, December 1, 2011, in Washington, DC. This Federal Register notice also announces the renewal of the FACOSH charter.

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 on the proposed extension of the Labor Market Information (LMI) Cooperative Agreement application package. 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.

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-11601, 2011-21, BB&T Asset Management, Inc.; and D-11608, 2011-22, Russell Trust Company.

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 ``Job Openings and Labor Turnover Survey.'' 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.

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.

The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.

The Occupational Safety and Health Administration (OSHA) is amending the regulations governing employee protection (``retaliation'' or ``whistleblower'') claims under section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes- Oxley Act of 2002 (``Sarbanes-Oxley'' or ``Act''), which was amended by sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, enacted on July 21, 2010. Public Law 111-203. These revisions to the Sarbanes-Oxley whistleblower regulations clarify and improve the procedures for handling Sarbanes-Oxley whistleblower complaints and implement statutory changes enacted into law as part of the 2010 statutory amendments. These changes to the Sarbanes-Oxley whistleblower regulations also make the procedures for handling retaliation complaints under Sarbanes-Oxley more consistent with OSHA's procedures for handling complaints under the employee protection provisions of the Surface Transportation Assistance Act of 1982, 29 CFR part 1978; the National Transit Systems Security Act and the Federal Railroad Safety Act, 29 CFR part 1982; the Consumer Product Safety Improvement Act of 2008, 29 CFR part 1983; and the Employee Protection Provisions of Six Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as amended, 29 CFR part 24.

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in the Bloodborne Pathogens Standard (29 CFR 1910.1030). The information collection requirements specified in the Bloodborne Pathogens Standard provide employers and workers with means to provide protection from adverse health effects associated with occupational exposure to bloodborne pathogens.