Department of Labor September 2014 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Announcement of OMB Approval
This notice announces the Office of Management and Budget's (OMB) approval of the supply and service recordkeeping requirements for the Office of Federal Contract Compliance Programs (OFCCP). This also includes approval of a revised Scheduling Letter, Itemized Listing, and Compliance Check Letter covering the Executive Order (EO) 11246 non- construction, supply and service, aspects of the agency's program that is subject to the Paperwork Reduction Act of 1995 (PRA). This notice announces OMB approval of control number 1250-0003.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Voluntary Protection Program Information
On September 30, 2014, the Department of Labor (DOL) will submit the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) revision titled, ``Voluntary Protection Program Information,'' 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.). Public comments on the ICR are invited.
Electronic Filing of Notices for Apprenticeship and Training Plans and Statements for Pension Plans for Certain Select Employees
This document contains proposed regulations that would revise filing procedures for apprenticeship and training plan notices and ``top hat'' plan statements with the Secretary of Labor to require electronic submission of these notices and statements.
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance; Correction
The Employment and Training Administration (ETA) published in the Federal Register on Thursday, September 11, 2014, an announcement of investigation regarding eligibility to apply for workers adjustment assistance (Vol. 79, No. 176, page 54291, see https://www.gpo.gov/fdsys/ pkg/FR-2014-09-11/pdf/2014- 21626.pdf). The announcement included Trade Adjustment Assistance petitions instituted between 8/11/14 and 8/15/14. This notice corrects the subject firm name and date of institution for Pixel Corporation, Woodland Hills, CA (TA-W-83,367) to read Pixel Playground and 04/23/ 2013. No other corrections are made, and the remainder of the notice and appendix that published on September 11, 2014, remains the same.
Technical Advisory Committee; Request for Nominations
The BLS is soliciting new members for the BLS Technical Advisory Committee (BLSTAC). The Committee presents advice and makes recommendations to the BLS on technical aspects of the collection and formulation of economic measures. The Committee functions solely as an advisory body to the BLS, on technical topics selected by the BLS. The Committee consists of approximately sixteen members who serve as Special Government Employees. Members are appointed by the BLS and are approved by the Secretary of Labor. Committee members are economists, statisticians, and behavioral scientists and are chosen to achieve a balanced membership across those disciplines. They are prominent experts in their fields and recognized for their professional achievements and objectivity. BLS invites nominations for consideration for committee membership. Interested persons may nominate themselves or may submit the name of another person who they believe to be interested in and qualified to serve on the BLSTAC. Nominations may also be submitted by organizations.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application of the Employee Polygraph Protection Act
The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Application of the Employee Polygraph Protection Act,'' 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. Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Powered Industrial Trucks Standard
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Powered Industrial Trucks 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. Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Rehabilitation Action Report
On September 30, 2014, the Department of Labor (DOL) will submit the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Rehabilitation Action 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.). Public comments on the ICR are invited.
Cranes and Derricks in Construction: Operator Certification
OSHA is extending its November 10, 2014, deadline for employers to ensure that crane operators are certified by three years, until November 10, 2017. OSHA is also extending its employer duty to ensure that crane operators are competent to operate a crane safely for the same three-year period.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Report of Changes That May Affect Your Black Lung Benefits
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Report of Changes That May Affect Your Black Lung Benefits,'' 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.). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Federal Contractor Veterans' Employment Report
The Department of Labor (DOL) is submitting the Veterans' Employment and Training Service (VETS) sponsored information collection request (ICR) revision titled, ``Federal Contractor Veterans' Employment 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.). Public comments on the ICR are invited.
Annual Report From Federal Contractors
The Veterans' Employment and Training Service (VETS or the Agency) is issuing this Final Rule to revise the regulations implementing the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA). Generally, VEVRAA requires Federal contractors and subcontractors to annually report on the total number of their employees who belong to the categories of veterans protected under VEVRAA, and the total number of those protected veterans who were hired during the period covered by the report. This Final Rule rescinds the regulations that prescribe the reporting requirements applicable to Government contracts and subcontracts entered into before December 1, 2003, because those regulations are now obsolete. In addition, this Final Rule revises the regulations that prescribe the reporting requirements applicable to Government contracts and subcontracts of $100,000 or more entered into or modified after December 1, 2003, by changing the manner in which Federal contractors report on their employment of veterans. The Final Rule renames the annual report required under those regulations the Federal Contractor Veterans' Employment Report VETS-4212. Further, the Final Rule revises regulations that address the definitions of terms used in the regulations, the text of the reporting requirements clause included in Government contracts and subcontracts, and the methods of filing the annual report on veterans' employment. Contractors and subcontractors will have to comply with the reporting requirements in the Final Rule beginning with the annual report filed in 2015.
Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). The purpose of the requirements is to reduce workers' risk of death or serious injury by ensuring that aerial lifts are in safe operating condition.
Telecommunications; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
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 its Telecommunications Standard (29 CFR 1910.268). The purpose of the requirements is to ensure that workers have been trained as required by the Standard to prevent risk of death or serious injury.
Advisory Committee on Increasing Competitive Integrated Employment for Individuals With Disabilities
The U.S. Department of Labor, Office of Disability Employment Policy published a document in the Federal Register of September 12, 2014, inviting interested parties to submit nominations for individuals to serve on the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. The document failed to provide the email address to submit nominations under the heading, ``ADDRESSES, Electronically, in column 3 on page 54746. However, the email address, IntegratedCompetitiveEmployment@dol.gov, was provided in column 2 on page 54746.
Federal Advisory Council on Occupational Safety and Health (FACOSH)
The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet November 6, 2014, in Washington, DC.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Request for Assistance From the Department of Labor, Employee Benefits Security Administration
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Request for Assistance From the Department of Labor, Employee Benefits Security Administration'' 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. Public comments on the ICR are invited.
Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Corrections
On April 11, 2014 (79 FR 20316), the Occupational Safety and Health Administration published a final rule: Revising the general industry standards for electric power generation, transmission, and distribution work and for electrical protective equipment; revising the construction standard for electric power transmission and distribution work; and adopting a new construction standard for electrical protective equipment. The final rule updated those standards and made the general industry and construction standards consistent. This document corrects errors in the preamble and regulatory text of the final rule.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employment and Training Administration Disaster Unemployment Assistance Handbook
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ``Employment and Training Administration Disaster Unemployment Assistance Handbook,'' 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.). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Alien Claims Activity Report
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Alien Claims 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. Public comments on the ICR are invited.
Occupational Injury and Illness Recording and Reporting Requirements-NAICS Update and Reporting Revisions
OSHA is issuing a final rule to update the appendix to its Injury and Illness Recording and Reporting regulation. The appendix contains a list of industries that are partially exempt from requirements to keep records of work-related injuries and illnesses due to relatively low occupational injury and illness rates. The updated appendix is based on more recent injury and illness data and lists industry groups classified by the North American Industry Classification System (NAICS). The current appendix lists industries classified by Standard Industrial Classification (SIC). The final rule also revises the requirements for reporting work- related fatality, injury, and illness information to OSHA. The current regulation requires employers to report work-related fatalities and in- patient hospitalizations of three or more employees within eight hours of the event. The final rule retains the requirement for employers to report work-related fatalities to OSHA within eight hours of the event but amends the regulation to require employers to report all work- related in-patient hospitalizations, as well as amputations and losses of an eye, to OSHA within 24 hours of the event.
Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions
The Office of Federal Contract Compliance Programs (OFCCP) proposes amending the regulations implementing Executive Order 11246 that set forth the basic equal employment opportunity requirements that apply to Federal contractors and subcontractors. This Notice of Proposed Rulemaking (NPRM) proposes including definitions for key words or terms used in Executive Order 13665. The NPRM also proposes amending the mandatory equal opportunity clauses that are included in Federal contracts and subcontracts and federally assisted construction contracts. The NPRM would delete the outdated reference to the ``Deputy Assistant Secretary'' and replace it with the ``Director of OFCCP.'' The NPRM also proposes to change the title of a section regarding the inclusion of the equal opportunity clause by reference and making conforming changes in the text. In addition, the NPRM would establish contractor defenses to allegations of violations of the nondiscrimination provision. The proposed rule also adds a section requiring Federal contractors to notify employees and job applicants of the nondiscrimination protection created by Executive Order 13665 using existing methods of communicating to applicants and employees.
Labor Surplus Area Classification Under Executive Orders 12073 and 10582
The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2015.
Criteria and Procedures for Assessment of Civil Penalties
In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Criteria and Procedures for Assessment of Civil Penalties. This extension gives commenters additional time to review and comment on the proposed rule.
Underwriters Laboratories Inc.: Grant of Expansion of Recognition
In this notice, OSHA announces its final decision to expand the scope of recognition for Underwriters Laboratories Inc., as a Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA announces its final decision to incorporate two new test standards into the NRTL Program's list of appropriate test standards.
Proposed Collection, Comment Request
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 revision of the ``Telephone Point of Purchase 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.
Advisory Committee on Increasing Competitive Integrated Employment for Individuals With Disabilities
The Secretary of Labor (Secretary) invites interested parties to submit nominations for individuals to serve on the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities.
Extension of the Approval of Information Collection Requirements
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 (PRA), 44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in a desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can properly be assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: 29 CFR Part 825, The Family and Medical Leave Act of 1993. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
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: Thomasville Regional Medical Center, LLC, Thomasville, Alabama. Principal Product/Purpose: The loan, guarantee, or grant application will be used to: cover loan origination and building construction costs for a new hospital in Thomasville, Alabama. The NAICS industry code for this enterprise is: 622110. This industry comprises establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. These hospitals have an organized staff of physicians and other medical staff to provide patient care services. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmacy services.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
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: Mid River Terminal, LLC Osceola, Arkansas. Principal Product/Purpose: The loan, guarantee, or grant application will be used for a new business venture to purchase equipment, provide working capital, fund USDA Guaranty Fees, bank origination fees, professional fees and closing costs for an embedded material handling business at the Big River Steel Plant in Osceola, Arkansas. The business will independently handle all off and on loading of steel at the plant. The NAICS industry code for this enterprise is: 488999. This U.S. industry comprises establishments primarily engaged in providing support activities to transportation (except for air transportation; rail transportation; water transportation; road transportation; freight transportation arrangement; and packing and crating) Pipeline terminal facilities, independently operated.
Comment Request for Information Collection for Planning Guidance and Instructions for Submission of the Strategic State Plan and Plan Modifications for Title I of the Workforce Investment Act and Wagner-Peyser Act, Extension Without Revisions
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)] (PRA). The PRA process 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 Employment and Training Administration (ETA) is soliciting comments concerning the collection of data about the Planning Guidance and Instructions for Submission of the Strategic State Plan for title I of the Workforce Investment Act of 1998 (WIA) and the Wagner-Peyser Act in order to prevent PRA approval from lapsing.
Workforce Investment Act; Native American Employment and Training Council
Pursuant to Section 10 (a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended, and Section 166 (h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIA.
Advisory Committee on Veterans' Employment, Training and Employer Outreach (ACVETEO): Meeting
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the ACVETEO. The ACVETEO will discuss the VETS core programs and services regarding efforts that assist veterans seeking employment and raise employer awareness as to the advantages of hiring veterans. There will be an opportunity for persons or organizations to address the committee. Any individual or organization that wishes to do so should contact Mr. Anthony Camilli at 202-693-4708. Time constraints may limit the number of outside participants/presentations. Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, and/or materials in alternative format) should notify the Advisory Committee no later than Thursday, September 25, 2014 by contacting Mr. Gregory Green at 202-693-4734. Requests made after this date will be reviewed, but availability of the requested accommodations cannot be guaranteed. The meeting site is accessible to individuals with disabilities. This Notice also describes the functions of the ACVETEO. Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public.
Comment Request on the Local Area Unemployment Statistics Program
The Department of Labor, through the Bureau of Labor Statistics (BLS) and, specifically, the Local Area Unemployment Statistics (LAUS) program, is responsible for the development and publication of State and local area labor force statistics. The LAUS program develops and issues monthly estimates of the labor force, employment, unemployment, and the unemployment rate for approximately 7,300 areas in the Nation. A major program redesign to improve the methodological basis of the LAUS estimates and update the geography and techniques to reflect 2010 Census data was initially funded in FY 2011. After completion of various long-term research projects, the BLS plans to implement improvements to its estimating methods with State and area LAUS estimates for January 2015, to be published in March 2015.
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