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

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.

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 about SEA activities, expiring 09/30/2012.

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 ETA uses to record data concerning claims and payment activities in the Unemployment Insurance (UI) system.

This Notice announces a change in the location where applications for temporary labor certification programs will be filed and/or are being processed.

Announcement regarding states triggering ``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 March 30, 2012, the three month average, seasonally adjusted total unemployment rate in Connecticut fell below the 8.0% rate required to remain ``on'' in a high unemployment period (HUP) within the EB program. Claimants in this state were eligible for up to 20 weeks of benefits through April 21, 2012, but starting April 22, 2012, the maximum potential entitlement in the EB program for this state decreased from 20 weeks to 13 weeks. Based on data released by the Bureau of Labor Statistics on March 30, 2012, as well as revisions to prior year data released on February 29, 2012, Alabama, Delaware, Georgia, Indiana, Maryland, and Washington no longer meet one of the criteria to remain ``on'' in EB, i.e., having their current three month average, seasonally adjusted total unemployment rate be at least 110% of one of the rates from a comparable period in one of the three prior years. This triggered these states ``off'' EB and the end of the payable period for these states in the EB program was the week ending April 21, 2012. Although some states have triggered ``off'' of EB, they are currently triggered ``on'' to Tier 4 of the EUC08 program. Under Public Law 112-96, new Tier 4 claimants in states that are triggered ``off'' in the EB program, but are triggered ``on'' in Tier 4 of the EUC08 program, may be eligible for augmentation from a maximum potential duration of 6 weeks to a maximum potential duration of 16 weeks for a limited period of time. Details on this potential benefit augmentation can be found at https://wdr.doleta.gov/directives/corr doc.cfm?DOCN=5271 starting at the bottom of Page 4. States that were affected by this provision were Arizona, Kentucky, Michigan, Mississippi, Oregon, Puerto Rico, South Carolina, and Tennessee. In addition, Georgia and Indiana were eligible to provide for up to 16 weeks of Tier 4 benefits for new Tier 4 claimants starting April 22. Based on data released by the Bureau of Labor Statistics on March 30, 2012, the three month average, seasonally adjusted total unemployment rate for Virginia fell below the threshold to remain ``on'' in Tier 3 of the EUC08 program. As a result, the current maximum potential entitlement in this state in the EUC08 program decreased from 47 weeks to 34 weeks. The week ending April 21, 2012 was the last week in which EUC08 claimants in this state could exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants in this state can receive any remaining entitlement they have in Tier 3 after April 21, 2012. Based on data released by the Bureau of Labor Statistics on March 30, 2012, the three month average, seasonally adjusted total unemployment rates for Tennessee and Washington fell below the threshold to remain ``on'' in Tier 4 of the EUC08 program. As a result, the current maximum potential entitlement in these states for the EUC08 program decreased from 53 weeks to 47 weeks. The week ending April 21, 2012 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 in these states can receive any remaining entitlement they have in Tier 4 after April 21, 2012.

Announcement regarding states triggering ``on'' or ``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 May 18, 2012, the District of Columbia, New York, and West Virginia no longer meet one of the criteria to remain ``on'' in EB, i.e., having their current three month average, seasonally adjusted total unemployment rate be at least 110% of one of the rates from a comparable prior period in one of the three prior years. This triggers these states ``off'' EB and the end of the payable period for these states in the EB program will be the week ending June 9, 2012. Based on data released by the Bureau of Labor Statistics on May 18, 2012, the three month average, seasonally adjusted total unemployment rate in Idaho fell below the 8.0% trigger threshold required to remain ``on'' in a high unemployment period (HUP) within the EB program. Claimants in this state will remain eligible for up to 20 weeks of benefits through June 9, 2012, but starting June 10, 2012, the maximum potential entitlement in the EB program for this state will decrease from 20 weeks to 13 weeks. Based on data released by the Bureau of Labor Statistics on May 18, 2012, the estimated three month average, seasonally adjusted total unemployment rate for New York rose to meet the 8.5% trigger threshold to trigger ``on'' in Tier 4 of the EUC 2008 program. The 13 week mandatory ``on'' period in New York for Tier 4 of the EUC program will begin June 4, 2012. As a result, the current maximum potential entitlement in the EUC program will increase from 47 weeks to 53 weeks. States that are triggered ``on'' to Tier 4 of the EUC08 program, but not triggered ``on'' to EB, may be eligible to augment the entitlement for new Tier 4 claimants with a maximum potential duration of 16 weeks. This ability to augment the entitlement of new Tier 4 claimants concluded with the week ending May 26, 2012. Starting May 27, 2012, all claimants exhausting Tier 3 who establish entitlement in Tier 4 will only be eligible for up to 6 weeks of benefits. Claimants who had previously been augmented with 16 weeks of benefits can continue to draw those benefits. States currently affected by this provision are Arizona, California, Florida, Georgia, Illinois, Kentucky, Michigan, Mississippi, North Carolina, Oregon, Puerto Rico, and South Carolina. Under Public Law 112-96, the current total unemployment rate trigger thresholds used to establish state eligibility for the tiers of EUC are scheduled to change. Currently, and through the week ending May 26, 2012, Tiers 1 and 2 do not require any specific TUR trigger rate, Tier 3 requires a 6% TUR trigger rate and Tier 4 requires an 8.5% TUR trigger rate. The current trigger notices reflect state eligibility under these TUR trigger rate thresholds. With the week beginning May 27, the following changes will take effect: Tier 1 will continue to be open to all claimants with EUC eligibility, with no changes. Tier 2 will require states to have at least a 6% TUR trigger rate. Tier 3 will require states to have at least a 7% TUR trigger rate. Tier 4 will require states to have at least a 9% TUR trigger rate. Because new unemployment rates will not be released by the Bureau of Labor Statistics before May 27, when Public Law 112-96 causes changes in the rates necessary to be ``on'' in certain Tiers of EUC, states can now know with certainty if they will have an ``off'' indicator in a Tier of EUC with the week ending June 2. States that will be below the rate necessary to remain on in Tier 2 under the new 6% trigger threshold are: IA, MN, NE., NH, ND, OK, SD, UT, VT, VA, and WY. These states will have an ``off'' indicator in EUC Tier 2 with the week ending June 2, 2012. The week ending June 23, 2012 will be the last week in which EUC claimants in those states could exhaust Tier 1 and establish eligibility in Tier 2. Under the phase-out provisions, claimants could receive any remaining entitlement they have in Tier 2 after June 23, 2012. States that will be below the rate necessary to remain on in Tier 3 under the new 7% trigger threshold are: DE, HI, KS, MD, MA, MT, WV, and WI. These states will have an ``off'' indicator in EUC Tier 3 with the week ending June 2, 2012. The week ending June 23, 2012 will be the last week in which EUC claimants in those states could exhaust Tier 2 and establish eligibility in Tier 3. Under the phase-out provisions, claimants could receive any remaining entitlement they have in Tier 3 after June 23, 2012. States that will be below the rate necessary to remain on in Tier 4 under the new 9% trigger threshold are: AZ, IL, KY, MI, and OR. These states will have an ``off'' indicator in EUC Tier 4 with the week ending June 2, 2012. The week ending June 23, 2012 will be the last week in which EUC claimants in those states could exhaust Tier 3 and establish eligibility in Tier 4. Under the phase-out provisions, claimants could receive any remaining entitlement they have in Tier 4 after June 23, 2012.

ETA is publishing for public information, notice of issuance and availability of TEGL No. 10-11, signed by Jane Oates, Assistant Secretary for Employment and Training on November 18, 2011, which assists State Workforce Agencies or agencies designated by governors as ``Cooperating State Agencies'' (CSAs) (also jointly referred to as ``states'') in implementing the provisions of the TAAEA enacted on October 21, 2011. The TAAEA amends the Trade Adjustment Assistance (TAA) program, restoring (with some exceptions) the expanded certification criteria and benefits and services provided under the Trade and Globalization Adjustment Act of 2009.

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: Aquion Energy, Inc. Principal Product/Purpose: The loan, guarantee, or grant application is to finance capital equipment purchases for the manufacturing lines, which includes the retrofit and build-out of the facility, which will be located in Mt. Pleasant, Pennsylvania. The NAICS industry code for this enterprise is: 335911 (storage battery manufacturing).

The Department of Labor, in collaboration with the Department of Education, announces that eight states are eligible to apply for Workforce Investment Act (WIA) (Pub. L. 105-220, 29 U.S.C. 2801 et seq.) incentive grant awards authorized by section 503 of the WIA.