Department of Labor December 2014 – Federal Register Recent Federal Regulation Documents
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Comment Request for Information Collection for Form ETA-9035, Labor Condition Application for Nonimmigrant Workers (OMB Control Number 1205-0310), Revision of a Currently Approved Collection
The Department of Labor (DOL), 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 extension of the approval for the information collection, Office of Management and Budget (OMB) Control Number 1205-0310, containing Form ETA-9035Labor Condition Application for Nonimmigrant Workers; Form ETA-9035ELabor Condition Application for Nonimmigrants Workers (electronic version); Form ETA-9035CPGeneral Instructions for the 9035 & 9035E; Wage and Hour Division (WHD) Form WH-4Nonimmigrant Worker Information Form; and other H-1B related information collection and retention requirements, which expire March 31, 2015. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice. The forms are used by employers in DOL's H-1B, H-1B1, and E-3 nonimmigrant temporary employment-based programs to request permission to bring foreign workers to the United States as nonimmigrants and for workers and interested persons to file complaints with DOL's Wage and Hour Division.
Criteria and Procedures for Assessment of Civil Penalties
The Mine Safety and Health Administration (MSHA) will hold two additional public hearings on the Agency's proposed rule for Criteria and Procedures for Assessment of Civil Penalties.
Proposed Exemptions From Certain Prohibited Transaction Restrictions
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions 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 proposed exemptions: D-11770, Teamsters Union Local No. 727 Pension Fund; L-11794, Local 268, Sheet Metal Workers International Association, AFL-CIO; and D-11821, EXCO Resources, Inc. 401(k) Plan.
Comment Request for Information Collection for Trade Adjustment Assistance Community College and Career Training (TAACCCT) Grant Program Reporting Requirements (Routine Extension With a Minor Revision to one Definition to Increase Clarity)
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 helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the information collection request (ICR) to collect data about the TAACCCT Grant Program Reporting Requirements (expires March 31, 2015). Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. To help ensure appropriate consideration, comments should mention this grant program (OMB Control No. 1205-0489).
Summary of Benefits and Coverage and Uniform Glossary
This document contains proposed regulations regarding the summary of benefits and coverage (SBC) and the uniform glossary for group health plans and health insurance coverage in the group and individual markets under the Patient Protection and Affordable Care Act. It proposes changes to the regulations that implement the disclosure requirements under section 2715 of the Public Health Service Act to help plans and individuals better understand their health coverage, as well as to gain a better understanding of other coverage options for comparison. It proposes changes to documents required for compliance with section 2715 of the Public Health Service Act, including a template for the SBC, instructions, sample language, a guide for coverage example calculations, and the uniform glossary.
Comment Request for Information Collection for the Evaluation of Grants Serving Young Offenders; New Collection
The Department, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 (PRA) [44 U.S.C. 3505(c)(2)(A)]. PRA 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 the collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning the information collection activities associated with the random assignment evaluation of ETA-funded grants serving young offenders, specifically, the Face Forward Grants (FFG) Rounds I and II; and the High-Poverty, High-Crime Communities Grants (HPHCG). These grants are aimed at serving young adult offenders, juvenile offenders, and students in high-risk high schools; and provide specific supports and interventions, such as enrollment in school or job training programs as well as access to housing, the availability of adult mentors, mental health services, and supporting social services through referrals. The objective of the evaluation is to determine whether these grants improve youth educational and employment outcomes, and reduce recidivism.
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 extension of the ``Job Openings and Labor Turnover 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.
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2015 Adverse Effect Wage Rates
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2015 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 annual update of the AEWRs.
SGS North America, Inc.: Grant of Expansion of Recognition
In this notice, OSHA announces its final decision to expand the scope of recognition for SGS North America, Inc., as a Nationally Recognized Testing Laboratory (NRTL).
QAI Laboratories, LTD.: Grant of Recognition as a Nationally Recognized Testing Laboratory
In this notice, OSHA announces its final decision to grant recognition to QAI Laboratories, LTD., as a Nationally Recognized Testing Laboratory (NRTL).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Enhanced Transitional Jobs Demonstration
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Enhanced Transitional Jobs Demonstration,'' 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.
Notice of Availability of Funds and Funding Opportunity Announcement for the American Apprenticeship Initiative
The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $100 million in grant funds authorized by Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), as amended (codified at 29 U.S.C. 2916a), for the American Apprenticeship Initiative. These grants are financed by a user fee paid by employers to hire foreign workers into the United States under the H-1B nonimmigrant visa program. This initiative is intended to provide a catalyst in supporting a uniquely American Apprenticeship system that meets our country's particular economic, industry and workforce needs. American Apprenticeships (also referred to as Registered Apprenticeships) are innovative work-based learning and post-secondary earn-and-learn models that meet national standards for registration with the U.S. Department of Labor (or federally recognized State Apprenticeship Agencies). Grants funded by this initiative will support dynamic and sustainable public-private partnerships that: Support the expansion of quality and innovative American Apprenticeship programs into high-growth occupation(s) and industry(s), particularly those for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support such programs (see Appendix A or visit the Foreign Labor Certification Data Center); Create career pathways that encompass American Apprenticeship and align with other post-secondary educational offerings; Use strategies to significantly increase apprenticeship opportunities for job seekers and workers (particularly for women and other underrepresented populations in apprenticeship, including young men and women of color, people with disabilities; low-skilled populations; and veterans, including transitioning service members); and Leverage and develop public policies that increase demand for American Apprenticeship and support sustainability. The complete FOA and any subsequent FOA amendments in connection with this funding opportunity 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 funding opportunity.
Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
Notice of Availability of Funds and Funding Opportunity Announcement for the National Guard Youth ChalleNGe and Job ChalleNGe Program
The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $12,000,000 in grant funds authorized by Section 171, Pilot and Demonstration Projects, of the Workforce Investment Act, to: (1) Test the effectiveness of expanding the National Guard Youth ChalleNGe Program for youth who have come in contact with the juvenile justice system for committing a status offense or a delinquent act (court- involved youth), and (2) add and test an additional job training component (DOL Job ChalleNGe) to the program for court-involved youth and youth that have had no contact with the juvenile justice system (non-court-involved youth). The purpose of this program is to improve the long-term labor market prospects of youth who successfully complete the six-month residential phase of the National Guard Youth ChalleNGe program. The DOL Job ChalleNGe component will build on the Youth ChalleNGe program's eight core componentsacademic excellence, life coping skills, job skills, health and hygiene, responsible citizenship, community service, leadership/followership, and physical fitnessby emphasizing programming focused on improving program participants' employment outcomes. The complete FOA and any subsequent FOA 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.
Intent To Issue Declaratory Order
The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H-2B temporary labor certification program. Such a declaratory order would remove uncertainty about that authority created by a decision of the Board of Alien Labor Certification Appeals in Island Holdings LLC, 2013-PWD-00002 (BALCA Dec. 3, 2013) (en banc). The Secretary issues this Notice pursuant to the authority granted in the Administrative Procedure Act (APA), 5 U.S.C. 554(e), to issue declaratory orders ``to terminate a controversy or remove uncertainty.'' The Secretary will accept comments from the public on this Notice for 30 days, and may issue a declaratory order after consideration of all comments received in that timeframe.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Forging Machines
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Forging Machines,'' 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 Exposure to Hazardous Chemicals in Laboratories Standard; 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 specified in the Standard on Occupational Exposure to Hazardous Chemicals in Laboratories.
Proposed Extension of Information Collection Request Submitted for Public Comment; Revisions to Coverage of Certain Preventive Services Under the Affordable Care Act
The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration is soliciting comments on the revision of the Coverage of Certain Preventive Services Under the Affordable Care Act information collection to reflect the new option of notifying the Department of Health and Human Services of the respondents' objections to providing coverage in response to the Supreme Court of the United States' interim order in connection with an application for an injunction in the pending case of Wheaton College v. Burwell. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice.
Traylor/Skanska/Jay Dee Joint Venture; Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for Comments
In this notice, OSHA announces the application of Traylor/ Skanska/Jay Dee Joint Venture (collectively ``Traylor JV'' or ``the applicant'') for a permanent variance and interim order from the provisions of OSHA standards that regulate work in compressed air environments and presents the Agency's preliminary finding to grant the permanent variance. OSHA invites the public to submit comments on the variance application to assist the Agency in determining whether to grant the applicant a permanent variance based on the conditions specified in this application.
Division of Coal Mine Workers' Compensation; 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. Currently, the Office of Workers' Compensation Programs is soliciting comments concerning the proposed collection: Request to be Selected as Payee (CM-910). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Workforce Investment Act; Native American Employment and Training Council, Meeting
Pursuant to Section 10 (a)(2) of the Federal Advisory Committee Act (FACA) (Public Law 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. Despite our efforts to get this meeting notice published at least fifteen days before the first day of the meeting, we were unable to do so. The meeting notice was published in the Federal Register on December 5, 2014, and information about this meeting has been disseminated through the Employment and Training Administration's Web site and list serves.
Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors
The Office of Federal Contract Compliance Programs (OFCCP) is revising the regulations implementing Executive Order (EO) 11246, as amended, in accordance with Executive Order (EO) 13672, ``Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,'' which was signed by President Barack Obama on July 21, 2014. EO 13672 amended EO 11246, which previously only prohibited discrimination by Federal contractors and subcontractors on the bases of race, color, religion, sex, and national origin and required them to take affirmative measures to prevent discrimination on those bases from occurring. More specifically, EO 13672 amended section 202 and section 203 of EO 11246, by substituting the phrase ``sex, sexual orientation, gender identity, or national origin'' for ``sex or national origin.'' This final rule implements EO 13672 by making the same substitution wherever the phrase ``sex or national origin'' appears in the regulations implementing EO 11246.
Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors
As a part of its continuing effort to reduce paperwork and respondent burdens, the Department of Labor (DOL) conducts a pre- clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3505(c)(2)(A). The 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 the collection requirements on respondents can be properly assessed. The Department notes that a Federal agency cannot conduct or sponsor a collection of information unless it is approved by the Office of Management and Budget (OMB) under the PRA, and displays a currently valid OMB control number, and the public is not required to respond to a collection of information unless it displays a currently valid OMB number. Notwithstanding any other provisions of law, no person shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB control number. See 5 CFR 1230.5(a) and 1320.6.
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 ``National Longitudinal Survey of Youth 1997.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed in the Addresses section of this notice.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Focus Groups for Evaluating the Effectiveness of Employee Retirement Income Security Act Section 408(b)(2) Disclosure Requirements
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) proposal titled, ``Focus Groups for Evaluating the Effectiveness of Employee Retirement Income Security Act Section 408(b)(2) Disclosure Requirements,'' 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.
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