Employment and Training Administration July 2012 – Federal Register Recent Federal Regulation Documents

Announcement regarding states triggering ``on'' and ``off'' in the Emergency Unemployment Compensation 2008 (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' EB and EUC08 trigger status: Based on data released by the Bureau of Labor Statistics on June 15, 2012, the three month average, seasonally adjusted total unemployment rate for Nevada (11.7%), New Jersey (9.1%), and Rhode Island (11.1%) did not meet one of the necessary criteria to remain on in the EB program: Having a rate at least ten percent greater than the comparable rate in any of the three prior years. This triggered these states ``off'' the EB program with the week ending June 16, 2012. The end of the payable period in Nevada, New Jersey, and Rhode Island in the EB program was July 7, 2012. Based on data released by the Bureau of Labor Statistics on June 15, 2012, the three month average, seasonally adjusted total unemployment rate for New Mexico and Texas fell below the 7.0% trigger threshold to remain ``on'' in Tier 3 of the EUC 2008 program. As a result, the maximum potential entitlement for these states in the EUC program decreased from 47 weeks to 34 weeks. The week ending July 7, 2012, was the last week in which EUC claimants in these states could exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants can receive any remaining entitlement they have in Tier 3 after July 7, 2012. Based on data released by the Bureau of Labor Statistics on June 15, 2012, the three month average, seasonally adjusted total unemployment rate for Florida, Georgia, and Mississippi fell below the 9.0% trigger threshold to remain ``on'' in Tier 4 of the EUC 2008 program. As a result, the maximum potential entitlement for these states in the EUC program decreased from 53 weeks to 47 weeks. The week ending July 7, 2012, was the last week in which EUC claimants in these states could exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants can receive any remaining entitlement they have in Tier 4 after July 7, 2012. The week ending June 30, 2012, concluded a mandatory 13- week ``off'' period in the Virgin Islands for Tier 3 in the EUC 2008 program. Because the current estimated trigger rate for the Virgin Islands is 7.7%, a payable period in Tier 3 has resumed beginning July 1, 2012, and the first payable week for eligible claimants there was the week ending July 7, 2012. With the release of national unemployment data by the Bureau of Labor Statistics on July 6, 2012, the estimated three month average, seasonally adjusted total unemployment rate for the Virgin Islands rose above the 9.0% threshold necessary to trigger ``on'' in Tier 4 of the EUC 2008 program. The 13 week mandatory ``off'' period for the Virgin Islands in Tier 4 of the EUC 2008 program concluded May 26, 2012, so the Virgin Islands triggered ``on'' to Tier 4. As a result of this, the maximum potential entitlement for the Virgin Islands in the EUC 2008 program will increase from 47 weeks to 53 weeks. The week beginning July 22, 2012, will be the first week in which EUC claimants in the Virgin Islands who have exhausted Tier 3, and are otherwise eligible, can establish Tier 4 eligibility.

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 the UI DV program. Collection authority for this program expires July 31, 2014.

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 the 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 of the approved 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 (electronic version); Form ETA 9035CPGeneral Instructions for the 9035 & 9035E; and Wage and Hour Division (WHD) Form WH-4Nonimmigrant Worker Information Form, which expire on March 31, 2015. In order to meet its statutory responsibilities under the INA, the Department is revising the existing collection of information pertaining to employers seeking to apply for labor condition applications to allow them to bring foreign labor to the U.S. on a temporary basis. The Secretary uses the collected information to determine if employers are meeting their statutory and regulatory obligations.

Pursuant to Section 10 of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463; 5 U.S.C. APP. 1), notice is hereby given to announce an open meeting of the Advisory Committee on Apprenticeship on August 1-2, 2012. This meeting will take place at the U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue NW., Washington, DC 20210. The ACA is a discretionary committee established by the Secretary of Labor, in accordance with FACA, as amended 5 U.S.C., App. 2, and its implementing regulations (41 CFR 101-6 and 102- 3). All meetings of the ACA are open to the public.