Department of Labor 2011 – Federal Register Recent Federal Regulation Documents
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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 the ``Current Population Survey (CPS) Disability Supplement.'' 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.
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 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 Office of Workers' Compensation Programs (OWCP) is soliciting comments concerning the proposed collection: Notice of Controversion of Right to Compensation (LS-207). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
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.
Comment Request for Extension of a Currently Approved Information Collection: Labor Condition Application and Instructions for H-1B, H-1B1, and E-3 Nonimmigrants; Forms ETA 9035, ETA 9035E and ETA 9035CP and WHD Nonimmigrant Worker Information Form WH-4, OMB Control No. 1205-0310
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 1205-0310, containing Form ETA 9035Labor Condition Application for Nonimmigrant Workers; Form ETA 9035ELabor Condition Application for Nonimmigrants (electronic version); Form ETA 9035CPGeneral Instructions for the 9035 & 9035E; Form ETA 9035CP Appendix IMapping of 3-Digit DOT Codes to SOC/O*NET Job Titles; Form ETA 9035CP Appendix IISample of Acceptable Wage Survey Sources; and Wage and Hour Division (WHD) Form WH-4Nonimmigrant Worker Information Form, which expire on January 31, 2012. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice.
Safety and Health Management Programs for Mines
The Mine Safety and Health Administration (MSHA) is holding a public meeting, and plans to hold additional public meetings, to gather more information on effective safety and health management programs to eliminate hazards and prevent injuries and illnesses at mines. Safety and health management programs are an important component of helping mine operators assure the safety and health of miners at their mines. MSHA encourages representatives from academia, safety and health professionals, industry organizations, worker organizations, government agencies, industries other than mining, and international organizations to present information on their model programs. MSHA believes that effective safety and health management programs in mining will create a sustained industry-wide effort to eliminate hazards and will result in the prevention of injuries and illnesses.
Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines
The Mine Safety and Health Administration (MSHA) is announcing the date and location of an additional public hearing on the Agency's proposed rule addressing Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines, published on August 31, 2011.
Shipyard Employment Standards; 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 Shipyard Employment Standards (29 CFR 1915.112(a)(1), 29 CFR 1915.112(b)(1)(i), 29 CFR 1915.112(c)(1)(i), 29 CFR 1915.113(b)(1) and 29 CFR 1915.172(d)). The purpose of the collection of information (paperwork) provisions of the Standards is to reduce workers' risks of death or serious injury by ensuring that equipment has been tested and is in safe operating condition.
Hawaii State Plan; Change in Level of Federal Enforcement: Military Installations
This document gives notice of OSHA's approval of a change to the state of Hawaii's occupational safety and health state plan to exclude coverage of private sector employers and employees at all military installations. The state of Hawaii, Department of Labor and Industrial Relations, requested in a November 15, 2010 memorandum which was reiterated in a February 22, 2011, letter from the Governor, that jurisdiction be relinquished to federal OSHA for conducting safety and health inspections of private sector employers within the borders of all military installations in Hawaii. Accordingly, OSHA amends its regulations to reflect this change in the level of federal enforcement.
Michigan State Plan; Change in Level of Federal Enforcement: Indian Tribes
This document gives notice of OSHA's approval of a change to the state of Michigan's occupational safety and health state plan to exclude coverage of establishments on Indian reservations which are owned or operated by employers who are enrolled members of Indian tribes. Under the terms of a September 28, 2004 addendum to the September 24, 1973 Operational Status Agreement between OSHA and the Michigan Occupational Safety and Health Administration (MIOSHA), jurisdiction and enforcement have been relinquished back to federal OSHA for conducting safety and health inspections and interventions within the borders of all Indian reservations for employers who are ``enrolled members of Indian reservations'', i.e., members of Indian tribes. Non-member employers within the reservations and member employers located outside the territorial borders of Indian reservations remain under MIOSHA jurisdiction. Accordingly, OSHA amends its regulations to reflect this change in the level of federal enforcement.
Curtis-Straus LLC; Application for Renewal of Recognition
This notice announces the application of Curtis-Straus LLC for renewal of its recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to deny this application for renewal of NRTL recognition.
Announcement of Updated Funding Availability for H-1B Technical Skills Training Grants
On May 3, 2011, the Employment and Training Administration (ETA) published a notice in the Federal Register announcing the availability of $240 million for the H-1B Technical Skills Training Grants to be awarded through a competitive process in SGA/DFA PY 10-13. Through this notice, ETA clarifies existing language in Section II.A of the Solicitation for Grant Application (SGA).
Preventing Occupational Hearing Loss: Stakeholder Meeting
OSHA invites interested parties to participate in an informal stakeholder meeting on preventing occupational hearing loss. Every year, between 20,000 and 25,000 workers suffer from preventable hearing loss due to high workplace noise levels. The purpose of this meeting is to provide a forum and gather information on the best practices for noise reduction in the workplace, including a discussion on personal protective equipment, hearing conservation programs and engineering controls. OSHA is holding this stakeholder meeting as part of its commitment to work with stakeholders on approaches to preventing occupational hearing loss.
Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts); 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 requirement contained in the Standard on Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). The purpose of the requirement is to reduce workers' risk of death or serious injury by ensuring that aerial lifts are in safe operating condition.
Cotton Dust Standard; 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 the Office of Management and Budget's (OMB) approval of the information collection requirements specified in the Cotton Dust Standard (29 CFR 1910.1043).
Agency Information Collection Activities; Comment Request for Information Collection; Information Collection Plan for Benefits.gov Online; Extension Without Change
The Department of Labor (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.
Public Hearing on Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties
The Wage and Hour Division (WHD) will hold a public hearing on its Notice of Proposed Rulemaking (NPRM), Child Labor Regulations, Orders and Statements of Interpretation; Child Labor ViolationsCivil Money Penalties to give interested persons an opportunity to present comments on the proposed rule. In the NPRM, the Department proposes to revise the child labor regulations issued pursuant to the Fair Labor Standards Act (FLSA) which set forth the criteria for the permissible employment of minors under 16 years of age in agricultural and under 18 years in nonagricultural occupations. The NPRM proposes to implement specific recommendations made by the National Institute for Occupational Safety and Health, increase parity between the agricultural and nonagricultural child labor provisions, and also address other areas that can be improved, which were identified by the Department's own enforcement actions. The NPRM was published in the Federal Register on September 2, 2011, and the comment period runs through November 1, 2011.
Notice of Initial Determination Revising the List of Products Requiring Federal Contractor Certification as to Forced/Indentured Child Labor Pursuant to Executive Order 13126
This initial determination proposes to revise the list required by Executive Order No. 13126 (``Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor'') in accordance with the Department of Labor's ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor.'' Under the procurement regulations implementing this Executive Order, federal contractors who supply products on the list published by the Department of Labor must certify that they have made a good faith effort to determine whether forced or indentured child labor was used to produce the items listed. This notice proposes to add 3 new items to the list that the Department of Labor preliminarily believes might have been mined, produced or manufactured by forced or indentured child labor. The Department of Labor invites public comment on this initial determination. The Department will consider all public comments prior to publishing a final determination updating the list of products, made in consultation and cooperation with the Department of State and the Department of Homeland Security.
Migrant and Seasonal Farmworkers (MSFWs) Monitoring Report and One-Stop Career Center Complaint/Referral Record: Comments
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. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning the proposed extension of the expiration date without revision for ETA Form 5148, Services to Migrant and Seasonal Farm Workers Report, and an extension with revision for ETA Form 8429, One-Stop Career Center Complaint/ Referral Record, to March 1, 2015. The changes incorporated to ETA Form 8429 include the following: (1) In Part I, of item 8, increased the space provided for description of complaint, (2) in Part II, of items 2 and 3, added the word ``Job Service,'' and (3) Part II, item 9 at the bottom added ``Complaint resolved? [squ] Yes [squ] NoIf ``No,'' explain.'' The current Office of Management and Budget (OMB) Information Collection Request (ICR) authorization number 1205-0039 expires on February 29, 2012. A copy of the proposed 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.
Notice of Publication of 2011 Update to The Department of Labor's List of Goods From Countries Produced by Child Labor or Forced Labor
This notice announces the publication of an updated list of goodsalong with countries of originthat the Bureau of International Labor Affairs (ILAB) has reason to believe are produced by child labor or forced labor in violation of international standards. ILAB is required to develop and make available to the public the List pursuant to the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005.
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.
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