Department of Labor March 2013 – Federal Register Recent Federal Regulation Documents

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: 2013-01, UBS Financial Services Inc., D-11610; 2013-02, Atlas Energy, Inc. Employee Stock Ownership Plan, D-11664; 2013-03, Central Pacific Bank 401(k) Retirement and Savings Plan, D-11666; 2013-04, Silchester International Investors LLP, D-11671; 2013-05, EquiLend Holdings LLC, D-11724; and, 2013-06, Coca- Cola Company and Red Re, Inc., L-11738.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Transmittal of Unemployment Insurance Materials,'' 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 Department of Labor (DOL) has submitted the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) revision titled, ``Annual Funding Notice for Defined Benefit Pension Plans,'' to the Office of Management and Budget (OMB) for review and approval utilizing emergency review procedures, in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 35 (PRA) and 5 CFR 1320.13.

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 continued collection of data to comply with program reporting and recordkeeping requirements of the Indian and Native American programs as authorized under Public Law 105-220, Workforce Investment Act of 1998 (WIA), section 166. Each grantee administering funds under the Indian and Native American programs is required to submit a Comprehensive Services Program (CSP) Report (ETA 9084), the Standardized Participant Information Record (SPIR), and a Supplemental Youth Services (SYS) Program Report (ETA 9085). The ETA 9085 will collect information on the number of youth served between the ages of 14-21 rather than between the ages of 14-24. Also, the ETA 9084 and 9085 will now reflect the number of eligible veterans and spouses served. The current expiration date for this data collection is May 31, 2013.

The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Work-Study Program of the Child Labor Regulations,'' 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.).

This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV Rheinland of North America, Inc., as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

Pursuant to the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2), the North American Agreement on Labor Cooperation (NAALC), and the Labor Chapters of U.S. Free Trade Agreements (FTAs), the Secretary of Labor has determined that the renewal of the charter of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements (NAC) is necessary and in the public interest and will provide information that cannot be obtained from other sources. The committee shall provide its views to the Secretary of Labor through the Bureau of International Labor Affairs of the U.S. Department of Labor, which is the point of contact for the NAALC and the Labor Chapters of U.S. FTAs. The committee shall comprise twelve members, four representing the labor community, four representing the business community, and four representing the public. Purpose: In accordance with the provisions of the FACA, Article 17 of the NAALC, Article 17.4 of the United States-Singapore Free Trade Agreement, Article 18.4 of the United States-Chile Free Trade Agreement, Article 18.4 of the United States-Australia Free Trade Agreement, Article 16.4 of the United States-Morocco Free Trade Agreement, Article 16.4 of the Central America-Dominican Republic- United States Free Trade Agreement (CAFTA-DR), Article 15.4 of the United States-Bahrain Free Trade Agreement, Article 16.4 of the United States-Oman Free Trade Agreement, Article 17.5 of the United States- Peru Trade Promotion Agreement, Article 17.5 of the United States- Colombia Trade Promotion Agreement, Article 19.5 of the United States- Korea Free Trade Agreement, and Article 16.5 of the United States- Panama Trade Promotion Agreement, the Secretary of Labor has determined that the renewal of the charter of the NAC is necessary and in the public interest and will provide information that cannot be obtained from other sources. The Bureau of International Labor Affairs of the U.S. Department of Labor serves as the U.S. point of contact under the FTAs listed above. The committee shall provide its advice to the Secretary of Labor through the Bureau of International Labor Affairs concerning the implementation of the NAALC and the Labor Chapters of U.S. FTAs. The committee may be asked to provide advice on the implementation of labor provisions of other FTAs to which the United States may be a party or become a party. The committee should provide advice on issues within the scope of the NAALC and the Labor Chapters of the FTAs, including cooperative activities and the labor cooperation mechanism of each FTA as established in the Labor Chapters and the corresponding annexes. The committee may be asked to provide advice on these and other matters as they arise in the course of administering the labor provisions of other FTAs. The committee shall comprise 12 members, four representing the labor community, four representing the business community, and four representing the public. Unless already employees of the United States Government, no members of the committee shall be deemed to be employees of the United States Government for any purpose by virtue of their participation on the committee. Members of the committee will not be compensated for their services or reimbursed for travel expenses.

Since 1973, the Occupational Safety and Health Administration (OSHA) has granted permanent variances to a number of chimney- construction companies from the provisions of the OSHA standards that regulate boatswain's chairs and hoist towers, specifically paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. These variances use temporary personnel-hoisting systems to transport workers to and from worksites in a personnel cage while constructing tapered chimneys using formwork techniques and procedures. Recently, the Agency received applications from 15 employers for a variance addressing chimney and chimney-related construction that, like the previous variances, propose to use temporary personnel-hoisting systems to transport workers to and from worksites in a personnel cage. These variance applications, however, included conditions that address construction of chimneys and chimney-related structures using temporary hoisting systems and procedures in association with two different methods of construction (i.e., formwork and slip-form construction) and two different structural configurations (i.e., tapered and straight-barreled). OSHA consolidated these variance applications into a single application for publication in this Federal Register notice. OSHA invites the public to submit comments on this variance application to assist the Agency in determining whether to grant the companies a permanent variance based on the conditions specified in this application.

The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Process Safety Management of Highly Hazardous Chemicals Standard,'' 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 Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Employee Retirement Income Security Act of 1974 Investment Manager Electronic Registration,'' 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 Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Benefit Rights and Experience Report,'' 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 Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Personal Protective Equipment for Shipyard Employment,'' 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 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, ETA is soliciting comments concerning the collection of data about the regulatory requirements of the Confidentiality and Disclosure of State Unemployment Compensation Information final rule and State Income and Eligibility Verification System (IEVS) provisions of the Deficit Reduction Act of 1984, which expires September 30, 2013. 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.

The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $6 million for grants to State Workforce Agencies (SWA) to develop the Workforce Data Quality Initiative (WDQI). Grants awarded will provide SWAs the opportunity to develop or expand State workforce longitudinal administrative data systems. These State longitudinal data systems will, at a minimum, include information on programs that provide training, employment services, and unemployment insurance; connect with education data contained in Statewide Longitudinal Data Systems (SLDS) databases; be linked longitudinally at the individual level to allow for enhanced opportunity for evaluation of federally and State-supported education programs; and lead to better information for customers and stakeholders of the workforce system. Where such longitudinal systems do not exist or are in early development, WDQI grant assistance may be used to design and develop these systems. WDQI grant assistance can also be used to improve upon existing State longitudinal systems. Current round one WDQI grant recipients who were awarded under solicitation SGA/DFA PY 09-10 and states that currently do not have a WDQI grant are eligible for this competition. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA's Web site at https://www.doleta.gov/grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.

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: Claim for Compensation by Dependents Information Reports (CA-5, CA-5b, CA-1031, CA-1074, Letter of Compensation Due at Death and Letter of Student/Dependency). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2013 that employers seeking H-2A workers may charge their workers when the employer provides three meals a day, and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2013. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence.

The purpose of this Final Rule is to establish the uniform national threshold entered employment rate (UNTEER) for veterans, as required of the Secretary in 38 U.S.C. 4102A(c)(3)(B), for use in evaluating States' performance in assisting veterans to meet their employment needs. The Final Rule also explains how the threshold will be used in the process of identifying those States to be reviewed by comparing the actual entered employment rate (EER) achieved for veterans with the threshold EER, and it identifies certain factors, in addition to the threshold, that will be included in the Department's review to determine whether an EER below the threshold reflects a deficiency in the State's performance, or is attributable to other factors beyond the State's control. Finally, in those cases in which a State's EER is determined to reflect a deficiency in a State's performance, this Final Rule identifies the procedure for the submission and review of a corrective action plan (CAP), the delivery of technical assistance (TA), and the initiation of the necessary steps to implement corrective actions to improve the State's performance in assisting veterans to meet their employment needs.

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 required 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. 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.doleta.gov/OMBCN/ OMBControlNumber.cfm.