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

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comit[eacute] de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.

The Employment and Training Administration (ETA), in coordination with Department of Labor's (the Department or DOL) Office of Disability Employment Policy, announces the availability of approximately $18 million for a fourth round of cooperative agreements to state agencies that administer the Workforce Investment Act (WIA) of 1998. The Department expects to use this funding to award four (4) to eight (8) cooperative agreements to help states develop and implement plans for improving effective and meaningful participation of persons with disabilities in the workforce. These cooperative agreements will have a three (3) years and four (4) months period of performance. All job seekers and workers, including those with disabilities, will continue to have access to WIA-funded services through the public workforce system. 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 (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Standard on 4,4'-Methylenedianiline in General Industry,'' 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.).

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.

The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Veterans Supplement to the Current Population Survey,'' 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 (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 a proposed management information system for Youthful Offender Grants.

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirement specified in its Standard on Dipping and Coating Operations (Dip Tanks) (29 CFR 1910.126(g)(4)).

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 Labor-Management Standards (OLMS) of the Department of Labor (Department) is soliciting comments concerning the proposed extension of the collection of information requirements of Labor Organization and Auxiliary Reports. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

Pursuant to Section 10 of the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2 Sec. 10), notice is hereby given to announce a public meeting of the Advisory Committee on Apprenticeship (ACA) on June 5, 2013, and June 6, 2013. The ACA is a discretionary committee established by the Secretary of Labor, in accordance with FACA, as amended in 5 U.S.C. App. 2, and its implementing regulations (41CFR parts 101-6 and 102-3). All meetings of the ACA are open to the public.

Announcement regarding a change in eligibility for Unemployment Insurance (UI) claimants in Alaska, Georgia, Louisiana, Maryland, Mississippi, Missouri, Montana, Ohio, South Carolina and Texas in the Emergency Unemployment Compensation (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 EUC08 and EB trigger status: Maryland and Texas have triggered ``off'' in Tier 3 of EUC08 Maryland and Texas began a 13-week mandatory ``on'' period in Tier 3 of EUC08 on October 7, 2012. Based on data released from the Bureau of Labor Statistics, these states are below the 7.0 percent threshold rate necessary to remain ``on'' in Tier 3 of EUC08. As a result, they have concluded a payable period in Tier 3 and the week ending January 5, 2013, was the last week in which EUC08 claimants in these states could exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had in Tier 3 after January 5, 2013. Georgia, Mississippi and South Carolina have triggered ``off'' in Tier 4 of EUC08. The three month average, seasonally adjusted total unemployment rate in these states fell below the 9.0 percent threshold rate to remain ``on'' in Tier 4 of EUC08. This triggered these states ``off'' of Tier 4 and the week ending January 12, 2013, was the last week in which EUC08 claimants in these states could exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had in Tier 4 after January 12, 2013. Louisiana, Missouri, and Ohio have triggered ``off'' in Tier 3 of EUC08. The three month average, seasonally adjusted total unemployment rate in Louisiana, Missouri, and Ohio fell below the 7.0 percent threshold rate to remain ``on'' in Tier 3 of EUC08. This triggered these states ``off'' of Tier 3 and the week ending January 12, 2013, was the last week in which EUC08 claimants in these states could exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had in Tier 3 after January 12, 2013. Montana has triggered ``off'' in Tier 2 of EUC08. The three month average, seasonally adjusted total unemployment rate in Montana fell below the 6.0 percent threshold rate to remain ``on'' in Tier 2 of EUC08. This triggered Montana ``off'' of Tier 2 and the week ending January 12, 2013, was the last week in which EUC08 claimants in Montana could have exhausted Tier 1, and establish Tier 2 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had in Tier 2 after January 12, 2013. Alaska has triggered ``on'' Tier 4 of EUC08. Alaska's 13-week insured unemployment rate for the week ending January 19, 2013, rose to meet the 6 percent threshold to trigger ``on'' to Tier 4 of EUC08. The payable period for Alaska in Tier Four of EUC08 began February 3, 2013. As a result, the current maximum potential entitlement for claimants in Alaska in EUC08 has increased from 37 weeks to 47 weeks. Alaska triggers ``on'' to EB. Alaska's 13-week insured unemployment rate for the week ending January 19, 2013, rose to meet the 6 percent threshold to trigger ``on'' to EB. Alaska's payable period in EB began February 3, 2013.

With this document, the Department of Labor (DOL) is withdrawing its proposed rule that accompanied its direct final rule revising the regulations governing administrative claims under the Federal Tort Claims Act and related statutes.