Department of Labor January 2014 – Federal Register Recent Federal Regulation Documents

In 2009, the Consumer Expenditure Surveys Division started the Gemini Project for the purpose of researching, developing, and implementing an improved survey design for the Consumer Expenditure Survey (CE). The objective of the redesign is to improve the quality of the survey estimates through a verifiable reduction in measurement error, with a particular focus on underreporting. While reducing measurement error, the new survey design would also combat the decline in response rates seen in recent years. In June 2013, a comprehensive redesign proposal was completed. As development, testing, and evaluation of the new CE survey proceeds, BLS would like feedback on the new survey design and the data that would be available from the survey from current data users and other interested parties.

In this notice, the Occupational Safety and Health Administration (``OSHA'' or the ``Agency'') is proposing to revoke permanent variances that it granted between 1973 and 2010 to 24 companies engaged in chimney construction (hereafter, ``previous variances''). The previous variances provided the companies with an alternative means of complying with provisions of OSHA standards regulating boatswains' chairs, personnel platforms, and hoist towers. On October 2, 2013, OSHA published a Federal Register notice (78 FR 60900) in which it updated the previous variances with a single, permanent variance (``the uniform variance''). The 2013 Federal Register notice granted the uniform variance to a number of the companies that held previous variances. OSHA determined that, compared to the previous variances, the uniform variance: (1) provides more consistency across the conditions specified by the variance, thereby expediting OSHA's enforcement of the conditions; (2) allows employers to use updated technology and industry practices; and (3) increases worker safety. Therefore, OSHA is proposing to revoke the previous variances and to invite employers not covered by the uniform variance to submit applications for an equivalent variance.

On January 31, 2014, the Department of Labor (DOL) will submit the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, the ``Rigging Equipment for Material Handling Standard,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.

In this notice, OSHA announces its final decision granting renewal of recognition of T[Uuml]V S[Uuml]D Product Services GmbH's (TUVPSG) as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs sponsored information collection request (ICR) revision titled, ``Application for Approval of a Representative's Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of Labor,'' 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 Occupational Safety and Health Administration (OSHA) is extending the deadline for submitting comments and written testimony on the Notice of Proposed Rulemaking (NPRM) on Occupational Exposure to Crystalline Silica.

The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Safety DefectsExamination, Correction, and Records,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.

The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ``Current Population SurveyBasic Labor Force,'' 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 Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Nonmonetary Determination Activity Report,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 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) revision titled, ``Job Corps Health Questionnaire,'' 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.).

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.

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 OSHA-7 Form.

On September 30, 2013, President Obama continued the President's Committee on the International Labor Organization (ILO) for two years through September 30, 2015 (E.O. 13652, 78 FR 61817 (September 30, 2013)). In response, and pursuant to the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2), the Secretary of Labor approved on January 14, 2014, renewal of the committee's charter. Purpose: The President's Committee on the International Labor Organization was established in 1980 by Executive Order 12216 to monitor and assess the work of the ILO and make recommendations to the President regarding United States policy towards the ILO. The committee is chaired by the Secretary of Labor and the Department of Labor's Bureau of International Labor Affairs is responsible for providing the necessary support for the committee. The committee is comprised of seven members: The Secretary of Labor (chair), the Secretary of State, the Secretary of Commerce, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and one representative each from organized labor and the business community, designated by the Secretary. The labor and business members are the presidents of the most representative organizations of U.S. workers and employers engaged in ILO matters.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Job Corps Enrollee Allotment Determination,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 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 Appeals Report,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.

The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for this program 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 trigger status: Colorado triggers ``off'' Tier 3 of EUC08 effective 12/14/ 2013. Based on data released by the Bureau of Labor Statistics on November 22, 2013, the three month average, seasonally adjusted total unemployment rate in Colorado was 6.9%, falling below the 7.0% trigger rate threshold necessary to remain ``on'' Tier 3 of EUC08. The week ending December 14, 2013, will be the last week in which EUC08 claimants in Colorado who have exhausted Tier 2, and are otherwise eligible, can establish Tier 3 eligibility. Florida triggers ``off'' Tier 3 of EUC08 effective 12/14/ 2013. Based on data released by the Bureau of Labor Statistics on November 22, 2013, the three month average, seasonally adjusted total unemployment rate in Florida was 6.8%, falling below the 7.0% trigger rate threshold necessary to remain ``on'' Tier 3 of EUC08. The week ending December 14, 2013, will be the last week in which EUC08 claimants in Florida who have exhausted Tier 2, and are otherwise eligible, can establish Tier 3 eligibility. Michigan triggers ``on'' Tier 4 of EUC08 effective 12/8/ 2013. Based on data released by the Bureau of Labor Statistics on November 22, 2013, the three month average, seasonally adjusted total unemployment rate in Michigan was 9.0%, meeting the 9.0% trigger rate threshold necessary to trigger ``on'' Tier 4 of EUC08. The week beginning December 8, 2013, will be the first week in which EUC08 claimants in Michigan who have exhausted Tier 3, and are otherwise eligible, can establish Tier 4 eligibility. Rhode Island triggers ``on'' Tier 4 of EUC08 effective 12/ 8/2013. Based on data released by the Bureau of Labor Statistics on November 22, 2013, the three month average, seasonally adjusted total unemployment rate in Rhode Island was 9.1%, exceeding the 9.0% trigger rate threshold necessary to trigger ``on'' Tier 4 of EUC08. The week beginning December 8, 2013, will be the first week in which EUC08 claimants in Rhode Island who have exhausted Tier 3, and are otherwise eligible, can establish Tier 4 eligibility. Washington triggers ``on'' to Tier 3 of EUC08 effective 12/8/2013. Based on data released by the Bureau of Labor Statistics on November 22, 2013, the three month average, seasonally adjusted total unemployment rate in Washington was 7.0%, meeting the 7.0% trigger rate threshold necessary to trigger ``on'' Tier 3 of EUC08. The week beginning December 8, 2013, will be the first week in which EUC08 claimants in Washington who have exhausted Tier 2, and are otherwise eligible, can establish Tier 3 eligibility. The Virgin Islands triggers ``on'' to Tier 4 of EUC08 effective 11/10/2013. Based on data released by the Bureau of Labor Statistics on October 22, 2013, the estimated three month average, seasonally adjusted total unemployment rate in the Virgin Islands was 9.8%, exceeding the 9.0% trigger rate threshold necessary to trigger ``on'' in Tier 4 of EUC08. The week beginning November 10, 2013, was the first week in which EUC08 claimants in the Virgin Islands who had exhausted Tier 3 and were otherwise eligible, could establish Tier 4 eligibility.

The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2014 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. 20 CFR 655.100(b). In this notice, the Department announces the AEWRs for calendar year 2014.