Department of Labor 2012 – Federal Register Recent Federal Regulation Documents

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 ``Consumer Price Index Housing 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.

The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored new information collection request (ICR) titled, ``Pilot Surveys of Employee Voice in the Coal Mining Industry,'' 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 (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 about the Unemployment Insurance Weekly Claims data collection, which expires September 30, 2012.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) proposal titled, ``Job Corps Process Study,'' 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 (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Prohibited Transaction Exemption 90- 1; Insurance Company Pooled Separate Accounts,'' 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.).

Announcement regarding states triggering ``on'' or ``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 May 18, 2012, the District of Columbia, New York, and West Virginia no longer meet one of the criteria to remain ``on'' in EB, i.e., having their current three month average, seasonally adjusted total unemployment rate be at least 110% of one of the rates from a comparable prior period in one of the three prior years. This triggers these states ``off'' EB and the end of the payable period for these states in the EB program will be the week ending June 9, 2012. Based on data released by the Bureau of Labor Statistics on May 18, 2012, the three month average, seasonally adjusted total unemployment rate in Idaho fell below the 8.0% trigger threshold required to remain ``on'' in a high unemployment period (HUP) within the EB program. Claimants in this state will remain eligible for up to 20 weeks of benefits through June 9, 2012, but starting June 10, 2012, the maximum potential entitlement in the EB program for this state will decrease from 20 weeks to 13 weeks. Based on data released by the Bureau of Labor Statistics on May 18, 2012, the estimated three month average, seasonally adjusted total unemployment rate for New York rose to meet the 8.5% trigger threshold to trigger ``on'' in Tier 4 of the EUC 2008 program. The 13 week mandatory ``on'' period in New York for Tier 4 of the EUC program will begin June 4, 2012. As a result, the current maximum potential entitlement in the EUC program will increase from 47 weeks to 53 weeks. States that are triggered ``on'' to Tier 4 of the EUC08 program, but not triggered ``on'' to EB, may be eligible to augment the entitlement for new Tier 4 claimants with a maximum potential duration of 16 weeks. This ability to augment the entitlement of new Tier 4 claimants concluded with the week ending May 26, 2012. Starting May 27, 2012, all claimants exhausting Tier 3 who establish entitlement in Tier 4 will only be eligible for up to 6 weeks of benefits. Claimants who had previously been augmented with 16 weeks of benefits can continue to draw those benefits. States currently affected by this provision are Arizona, California, Florida, Georgia, Illinois, Kentucky, Michigan, Mississippi, North Carolina, Oregon, Puerto Rico, and South Carolina. Under Public Law 112-96, the current total unemployment rate trigger thresholds used to establish state eligibility for the tiers of EUC are scheduled to change. Currently, and through the week ending May 26, 2012, Tiers 1 and 2 do not require any specific TUR trigger rate, Tier 3 requires a 6% TUR trigger rate and Tier 4 requires an 8.5% TUR trigger rate. The current trigger notices reflect state eligibility under these TUR trigger rate thresholds. With the week beginning May 27, the following changes will take effect: Tier 1 will continue to be open to all claimants with EUC eligibility, with no changes. Tier 2 will require states to have at least a 6% TUR trigger rate. Tier 3 will require states to have at least a 7% TUR trigger rate. Tier 4 will require states to have at least a 9% TUR trigger rate. Because new unemployment rates will not be released by the Bureau of Labor Statistics before May 27, when Public Law 112-96 causes changes in the rates necessary to be ``on'' in certain Tiers of EUC, states can now know with certainty if they will have an ``off'' indicator in a Tier of EUC with the week ending June 2. States that will be below the rate necessary to remain on in Tier 2 under the new 6% trigger threshold are: IA, MN, NE., NH, ND, OK, SD, UT, VT, VA, and WY. These states will have an ``off'' indicator in EUC Tier 2 with the week ending June 2, 2012. The week ending June 23, 2012 will be the last week in which EUC claimants in those states could exhaust Tier 1 and establish eligibility in Tier 2. Under the phase-out provisions, claimants could receive any remaining entitlement they have in Tier 2 after June 23, 2012. States that will be below the rate necessary to remain on in Tier 3 under the new 7% trigger threshold are: DE, HI, KS, MD, MA, MT, WV, and WI. These states will have an ``off'' indicator in EUC Tier 3 with the week ending June 2, 2012. The week ending June 23, 2012 will be the last week in which EUC claimants in those states could exhaust Tier 2 and establish eligibility in Tier 3. Under the phase-out provisions, claimants could receive any remaining entitlement they have in Tier 3 after June 23, 2012. States that will be below the rate necessary to remain on in Tier 4 under the new 9% trigger threshold are: AZ, IL, KY, MI, and OR. These states will have an ``off'' indicator in EUC Tier 4 with the week ending June 2, 2012. The week ending June 23, 2012 will be the last week in which EUC claimants in those states could exhaust Tier 3 and establish eligibility in Tier 4. Under the phase-out provisions, claimants could receive any remaining entitlement they have in Tier 4 after June 23, 2012.

The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) revision titled, ``Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration,'' 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.).

As part of its continuing effort to reduce paperwork and respondent burden, the Department of Labor conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps to assure 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 Mine Safety and Health Administration is soliciting comments concerning the extension of the information collection for 30 CFR 57.5060; 57.5065; 57.5066; 57.5070; 57.5071; and 57.5075. OMB last approved this information collection request on September 28, 2009. The collection expires on September 30, 2012.

On May 31, 2012 the Department of Labor (DOL) will submit the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ``Foreign Labor Certification Quarterly Activity Report,'' 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 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: Conva-Rest Warren Hall, Inc. Principal Product/Purpose: The loan, guarantee, or grant application is to build a new 22,600 square foot, sixty bed skilled nursing facility and a 3,600 square foot maintenance building in Picayune, Mississippi. The NAICS industry code for this enterprise is: 623110 (nursing care facilities).

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 about Unemployment Compensation for Federal Employees which expires August 31, 2012.

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: Aquion Energy, Inc. Principal Product/Purpose: The loan, guarantee, or grant application is to finance capital equipment purchases for the manufacturing lines, which includes the retrofit and build-out of the facility, which will be located in Mt. Pleasant, Pennsylvania. The NAICS industry code for this enterprise is: 335911 (storage battery manufacturing).

The Occupational Safety and Health Administration (OSHA) invites interested parties to participate in an informal stakeholder meeting on establishing definitions and measures to determine whether OSHA-approved State Plans for occupational safety and health (State Plans) are at least as effective as the Federal OSHA program as required by the Occupational Safety and Health Act of 1970. The purpose of this meeting is to provide a forum to gather information and ideas on key outcome and activity based indicators and how OSHA can use such indicators to assess the effectiveness of State Plans.

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Settlement Agreements Between a Plan and Party in Interest,'' 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.).

NACOSH will meet June 20, 2012, in Washington, DC. In conjunction with the committee meeting, NACOSH Work Groups will meet on June 19, 2012.

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Temporary Labor Camps Standard (29 CFR 1910.142).

This notice announces the expiration of recognition of National Technical Systems, Inc., as a Nationally Recognized Testing Laboratory.

The Department of Labor's Employee Benefits Security Administration is reopening the period for public comment on proposed regulatory amendments relating to enhanced disclosure concerning target date or similar investments, originally proposed in a previously published document in the Federal Register.

The Office of Trade and Labor Affairs (OTLA) gives notice that on May 14, 2012, Submission 2012-01 regarding Honduras was accepted for review pursuant to Article 16.4.3 of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). On March 26, 2012, the AFL-CIO and 27 Honduran civil society and worker organizations provided a formal submission to OTLA alleging violations of the Labor Chapter (Chapter 16) of the CAFTA-DR stemming from the Government of Honduras' (GOH's) actions or failure to act. The submission alleges that the GOH's actions or lack thereof denied workers at factories in the apparel and auto parts manufacturing sectors, plantations in the agricultural sector, and enterprises at the Port of Cortez their rights under Honduran labor law relating to freedom of association, the right to organize, the right to bargain collectively, child labor, and acceptable conditions of work. The submitters also allege the GOH is in violation of the CAFTA-DR due to recently passed legislation which weakens workers rights and on-going deficiencies in its laws and legal system. The objective of the review of the submission will be to gather information so that OTLA can better understand the allegations therein and publicly report on the U.S. Government's views regarding whether the GOH's actions were consistent with its obligations under the Labor Chapter of the CAFTA-DR.