Department of Labor 2011 – Federal Register Recent Federal Regulation Documents

This document contains two proposed rules under the Employee Retirement Income Security Act of 1974 (ERISA) to facilitate implementation of new enforcement authority provided to the Secretary of Labor by the Patient Protection and Affordable Care Act (Affordable Care Act). The Affordable Care Act authorizes the Secretary to issue a cease and desist order, ex parte (i.e. without prior notice or hearing), when it appears that the alleged conduct of a multiple employer welfare arrangement (MEWA) is fraudulent, creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. The Secretary may also issue a summary seizure order when it appears that a MEWA is in a financially hazardous condition. The first proposed regulation establishes the procedures for the Secretary to issue ex parte cease and desist orders and summary seizure orders with respect to fraudulent or insolvent MEWAs. The second proposed regulation establishes the procedures for use by administrative law judges (ALJs) and the Secretary when a MEWA or other person challenges a temporary cease and desist order.

This document contains proposed revisions to the Form 5500 Annual Return/Report filed by administrators of employee benefit plans. The proposed revisions are intended to enhance the Department of Labor's ability to enforce the reporting requirements for multiple employer welfare arrangements (MEWAs) under Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA).

In this notice of proposed rulemaking, the Agency is proposing to revise its Acetylene Standard for general industry by updating a reference to a standard published by a standards developing organization (``SDO standards''). OSHA also is publishing a direct final rule in today's Federal Register taking this same action. This rulemaking is a continuation of OSHA's ongoing effort to update references to SDO standards used throughout its rules.

This notice announces the approval for delay of Title XII interest payment for three states. Section 1202(b)(3)(B) of the Social Security Act permits a state to delay payment of interest accrued on Title XII advances made during the last five months of the Federal fiscal year (FY) (May, June, July, August, and September) to no later than December 31 of the next succeeding calendar year. Interest on the delayed payment will accrue from the normal due date (i.e., September 30) and in the same manner as if the interest due on the advance(s) was an advance made on such due date. During fiscal year 2011, the States of Colorado and New Jersey had requested delay of payment for interest accrued on advances taken during the last five months of FY 2011. Delay of interest payment for these States was granted until December 31, 2012, however New Jersey opted to repay their entire accrued interest liability on September 30, 2011. Section 1202(b)(9) of the Social Security Act permits a state to delay for a period not to exceed nine months the Title XII interest payment due prior to October 1 if, for the most recent 12- month period prior to such October 1 for which data are available, the state had an average total unemployment rate of 13.5 percent or greater. An interest payment delayed under paragraph (9) must be paid in full not later than the last official Federal business day prior to the following July 1, allowing that at the state's option payment of delayed interest may be accelerated. No interest shall accrue on such delayed payment. The State of Nevada had requested delay of payment for accrued interest based on these high unemployment provisions, and such delay was granted until June 30, 2012.

Announcement regarding Notice of a Change in Status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Colorado. Public Law 111-312 extended provisions in Public Law 111-92 which amended prior laws to create Third and Fourth Tiers 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 October 21, 2011, the three month average, seasonally adjusted total unemployment rate for Colorado fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending November 12, 2011, is the last week in which EUC claimants in Colorado can exhaust Tier 3 and establish Tier 4 eligibility. Under the phase-out provisions, claimants who were in Tier Four can receive any remaining entitlement they have in Tier Four after November 12, 2011.

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: Stion Solar Mississippi, LLC & Stion Equipment Leasing, LLC. Principal Product/Purpose: The loan, guarantee, or grant application is to enable Stion to purchase equipment to produce 75,000 solar panels annually in a plant located in Hattiesburg, Mississippi. The NAICS industry code for this enterprise is: 334413 (semiconductor and related device manufacturing).

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.