Department of Labor July 2012 – Federal Register Recent Federal Regulation Documents

Announcement regarding states triggering ``on'' and ``off'' in the Emergency Unemployment Compensation 2008 (EUC08) Program and the Federal-State Extended Benefits (EB) Program. The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for both EB and EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for these programs can be found at: https://ows.doleta.gov/unemploy/claims arch.asp. The following changes have occurred since the publication of the last notice regarding states' EB and EUC08 trigger status: Based on data released by the Bureau of Labor Statistics on June 15, 2012, the three month average, seasonally adjusted total unemployment rate for Nevada (11.7%), New Jersey (9.1%), and Rhode Island (11.1%) did not meet one of the necessary criteria to remain on in the EB program: Having a rate at least ten percent greater than the comparable rate in any of the three prior years. This triggered these states ``off'' the EB program with the week ending June 16, 2012. The end of the payable period in Nevada, New Jersey, and Rhode Island in the EB program was July 7, 2012. Based on data released by the Bureau of Labor Statistics on June 15, 2012, the three month average, seasonally adjusted total unemployment rate for New Mexico and Texas fell below the 7.0% trigger threshold to remain ``on'' in Tier 3 of the EUC 2008 program. As a result, the maximum potential entitlement for these states in the EUC program decreased from 47 weeks to 34 weeks. The week ending July 7, 2012, was the last week in which EUC claimants in these states could exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants can receive any remaining entitlement they have in Tier 3 after July 7, 2012. Based on data released by the Bureau of Labor Statistics on June 15, 2012, the three month average, seasonally adjusted total unemployment rate for Florida, Georgia, and Mississippi fell below the 9.0% trigger threshold to remain ``on'' in Tier 4 of the EUC 2008 program. As a result, the maximum potential entitlement for these states in the EUC program decreased from 53 weeks to 47 weeks. The week ending July 7, 2012, was the last week in which EUC claimants in these states could exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants can receive any remaining entitlement they have in Tier 4 after July 7, 2012. The week ending June 30, 2012, concluded a mandatory 13- week ``off'' period in the Virgin Islands for Tier 3 in the EUC 2008 program. Because the current estimated trigger rate for the Virgin Islands is 7.7%, a payable period in Tier 3 has resumed beginning July 1, 2012, and the first payable week for eligible claimants there was the week ending July 7, 2012. With the release of national unemployment data by the Bureau of Labor Statistics on July 6, 2012, the estimated three month average, seasonally adjusted total unemployment rate for the Virgin Islands rose above the 9.0% threshold necessary to trigger ``on'' in Tier 4 of the EUC 2008 program. The 13 week mandatory ``off'' period for the Virgin Islands in Tier 4 of the EUC 2008 program concluded May 26, 2012, so the Virgin Islands triggered ``on'' to Tier 4. As a result of this, the maximum potential entitlement for the Virgin Islands in the EUC 2008 program will increase from 47 weeks to 53 weeks. The week beginning July 22, 2012, will be the first week in which EUC claimants in the Virgin Islands who have exhausted Tier 3, and are otherwise eligible, can establish Tier 4 eligibility.

The U.S. Department of Labor, Mine Safety and Health Administration (MSHA), is making $1,250,000 available in grant funds for educational and training programs to help identify, avoid, and prevent unsafe working conditions in and around mines. The focus of these grants for the Fiscal Year (FY) 2012 will be on training and training materials for mine emergency preparedness and mine emergency prevention for all underground mines. Applicants for the grants may be States and nonprofit (private or public) entities. The number of grants awarded will be determined by MSHA's evaluation of grant applications. The amount of each individual grant will be at least $50,000.00. The maximum amount for a 12-month period of performance is $250,000. MSHA may award both annual and renewal (two-year) grants. This notice contains all of the information needed to apply for grant funding, including those eligible grantees awarded a 2011 renewal grant.

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Definition of Plan Assets Participant Contributions,'' 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 Paperwork Reduction Act (PRA) requires this notice to set forth the effectiveness of information collection requirements contained in the final rule on Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards.

OSHA is correcting a direct final rule (DFR) with regard to the construction industry head protection standards to eliminate confusion resulting from a drafting error. OSHA published the DFR on June 22, 2012 (77 FR 37587). OSHA also is publishing a correction to the proposed rule that it published the same day in the Federal Register (77 FR 37617).

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 is soliciting comments concerning the proposed collection: Provider Enrollment Form (OWCP-1168). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

Hawaii administers an occupational safety and health state plan approved by federal OSHA. During the past three years, the state plan has faced significant budgetary constraints and staffing challenges, and has requested federal OSHA assistance to ensure that workers are afforded adequate worker protection during this period. The Hawaii Director of Labor and Industrial Relations has requested a temporary modification of the state plan's approval status from final approval to initial approval, to permit exercise of supplemental federal enforcement and to allow Hawaii sufficient time and assistance to strengthen and improve its state plan performance. Hawaii has pledged to accomplish the necessary corrective action to regain final approval status in a timely manner. OSHA is soliciting written comments to ensure that all relevant information, views and data are available to the Assistant Secretary during this proceeding. Members of the public may also submit requests for an informal hearing, which will be scheduled if the Assistant Secretary finds that substantial issues are raised that necessitate a hearing.

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.

This document revises the mailing address and web-based submission procedures for filing certain notices under the Department of Labor (Department) Employee Benefits Security Administration's fiduciary-level fee disclosure regulation under section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA). Responsible plan fiduciaries of employee pension benefit plans must file these notices with the Department to obtain relief from ERISA's prohibited transaction provisions that otherwise may apply when a covered service provider to the plan fails to disclose information in accordance with the regulation's requirements.

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 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 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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, ETA is soliciting comments concerning the collection of data for the UI DV program. Collection authority for this program expires July 31, 2014.