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

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Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-11900
Type: Notice
Date: 2012-05-17
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-11899
Type: Notice
Date: 2012-05-17
Agency: Employment and Training Administration, Department of Labor
Temporary Non-agricultural Employment of H-2B Aliens in the United States
Document Number: 2012-11859
Type: Rule
Date: 2012-05-16
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012 (the 2012 H-2B Final Rule). The 2012 H-2B Final Rule revised the requirements by which employers seeking H-2B workers apply for a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The effective date of the 2012 H-2B Final Rule was April 23, 2012. The operative date of the 2012 H-2B Final Rule was April 27, 2012. This document provides guidance to the regulated community of the injunction, by judicial order, of the 2012 H-2B Final Rule and the continuing effectiveness of the 2008 H-2B Rule until such time as further judicial or other action suspends or otherwise nullifies the order in the Bayou II litigation.
Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance
Document Number: 2012-11813
Type: Notice
Date: 2012-05-16
Agency: Employment and Training Administration, Department of Labor
R.R. Donnelley, Inc., Bloomsburg, PA; Notice of Negative Determination on Reconsideration
Document Number: 2012-11055
Type: Notice
Date: 2012-05-08
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-11052
Type: Notice
Date: 2012-05-08
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-11051
Type: Notice
Date: 2012-05-08
Agency: Employment and Training Administration, Department of Labor
Notice on Reallotment of Workforce Investment Act (WIA) Title I Formula Allotted Funds for Dislocated Worker Activities for Program Year (PY) 2011
Document Number: 2012-10217
Type: Notice
Date: 2012-04-27
Agency: Employment and Training Administration, Department of Labor
Public Law 105-220, the Workforce Investment Act of 1998, requires the Secretary of Labor (Secretary) to conduct reallotment of dislocated worker formula allotted funds based on State financial reports submitted as of the end of the prior program year. This notice publishes the dislocated worker PY 2011 funds for recapture by State and the amount to be reallotted to eligible States.
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-10166
Type: Notice
Date: 2012-04-27
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-10165
Type: Notice
Date: 2012-04-27
Agency: Employment and Training Administration, Department of Labor
Information Collection Approval; Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2012-9613
Type: Notice
Date: 2012-04-23
Agency: Employment and Training Administration, Department of Labor
The Paperwork Reduction Act (PRA) requires this notice to set forth the effectiveness of information collection requirements contained in 20 CFR part 655, related to the Temporary Non-Agricultural Employment of H-2B Aliens in the United States; Final Rule. See 77 FR 10038, Feb. 21, 2012.
Changes to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States; Revisions to Transition Period
Document Number: 2012-9612
Type: Rule
Date: 2012-04-23
Agency: Employment and Training Administration, Department of Labor
On February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. On March 20, 2012, the Department published guidance informing employers of the dates by which their H-2B application must be postmarked in order to be governed by the Final Rule. This guidance revises these dates so that the Final Rule will become operative 60 days after it was reported to Congress.
Comment Request for Information Collection for Site Visit Data Collection; American Recovery and Reinvestment Act (ARRA)-Funded Grants; Job Training Evaluations; Extension Without Revisions
Document Number: 2012-9585
Type: Notice
Date: 2012-04-20
Agency: Employment and Training Administration, Department of Labor
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 (PRA) [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 seeks a regular 3 year extension of the Office of Management and Budget (OMB) approval for collecting site visit data from organizations that received grants under four Solicitations for Grant Applications (SGAs) that were issued under the ARRA Initiative: Pathways Out of Poverty (POP), Energy Training Partnership (ETP), State Energy Sector Partnership (SESP), and Health Care and Other High Growth and Emerging Industries Training grant initiative. POP, ETP and SESP are all Green Jobs training programs. The overall aim of these evaluations is to determine the extent to which enrollees achieve increases in employment, earnings, and career advancement as a result of their participation in the training provided and to identify promising best practices and strategies for replication. It is necessary to collect data from the grant sites included in both studies while they are still in operation. Failure to collect site visit data will affect our ability to conduct rigorous evaluations of these grants. For example, site visits are the only way the research team can observe the training programs in operation and collect real time data that amplifies the findings through other documentation. Lack of a rigorous evaluation process will mean that no information will be available on the potential of training for green jobs as a strategy for reducing poverty or increasing employment. Conducting these evaluations rigorously requires appropriate operational data collection. This information collection follows an emergency review that was conducted in accordance with PRA and 5 CFR 1320.13. The submission for OMB emergency review was approved on January 19, 2012.
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-9432
Type: Notice
Date: 2012-04-19
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-9431
Type: Notice
Date: 2012-04-19
Agency: Employment and Training Administration, Department of Labor
Advisory Committee on Apprenticeship; virtual meeting
Document Number: 2012-9430
Type: Notice
Date: 2012-04-19
Agency: Employment and Training Administration, Department of Labor
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 a open virtual meeting of the Advisory Committee on Apprenticeship (ACA) on May 9-10, 2012, which will be held online at https://www.doleta.gov/oa/. 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. A virtual meeting of the ACA provides cost savings and a greater degree of public participation and transparency.
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-9247
Type: Notice
Date: 2012-04-18
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-9246
Type: Notice
Date: 2012-04-18
Agency: Employment and Training Administration, Department of Labor
Notice of Availability of Funds and Solicitation for Grant Applications for Cooperative Agreements Under the Disability Employment Initiative
Document Number: 2012-9060
Type: Notice
Date: 2012-04-17
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA), in coordination with Department of Labor's (DOL's) Office of Disability Employment Policy (ODEP), announces the availability of approximately $20 million for a third round of cooperative agreements to state agencies that administer the Workforce Investment Act (WIA) of 1998. These funds provide an opportunity for states to develop and implement a plan for improving effective and meaningful participation of persons with disabilities in the workforce. DOL is using this funding to make six to ten grant awards designed to: (1) Improve educational, training, and employment opportunities and outcomes of youth and adults with disabilities who are unemployed, underemployed, and/or receiving Social Security disability benefits; and (2) help these individuals with disabilities find a path into the middle class through exemplary and model service delivery by the public workforce system. The DOL will award DEI grants for a three-year period of performance. The complete SGA and any subsequent SGA 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.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
Document Number: 2012-9052
Type: Notice
Date: 2012-04-16
Agency: Employment and Training Administration, Department of Labor
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: Patriot Porcelain, LLC. Principal Product/Purpose: The loan, guarantee, or grant application is to purchase new equipment for a china plumbing fixtures and bathroom accessories manufacturing facility, which will be located Kokomo, Indiana. The NAICS industry code for this enterprise is: 327111 (vitreous china manufacturing industry).
Administrative Claims Under the Federal Tort Claims Act and Related Statutes
Document Number: 2012-8741
Type: Rule
Date: 2012-04-13
Agency: Employment and Training Administration, Department of Labor, Office of the Secretary
This amendment revises the Department of Labor's (DOL) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the regulations governing these claims between those regulations in titles 20 and 29 of the CFR, which includes deleting the references to these claims in 20 CFR part 638 as these revisions have rendered those sections unnecessary. Finally, the regulations in title 20 have also been updated to reflect the recently revised regulations regarding claims of Job Corps students under the Federal Employees' Compensation Act (FECA).
Administrative Claims Under the Federal Tort Claims Act and Related Statutes
Document Number: 2012-8735
Type: Proposed Rule
Date: 2012-04-13
Agency: Employment and Training Administration, Department of Labor, Office of the Secretary of Labor
This amendment revises the Department of Labor's (DOL's) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the regulations governing these claims between those regulations in titles 20 and 29 of the CFR, which includes deleting the references to these claims in 20 CFR part 638 as these revisions have rendered those sections unnecessary. Finally, the regulations in title 20 have also been updated to reflect the recently revised regulations regarding claims of Job Corps students under the Federal Employees' Compensation Act (FECA).
Workforce Investment Act; Native American Employment and Training Council
Document Number: 2012-8725
Type: Notice
Date: 2012-04-12
Agency: Employment and Training Administration, Department of Labor
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.
Proposed Collection of Follow-up Survey Information for Green Jobs and Health Care Impact Evaluation of American Recovery and Reinvestment Act (ARRA)-Funded Grants; New Collection
Document Number: 2012-8724
Type: Notice
Date: 2012-04-12
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department or DOL), 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 [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 proposed follow-up survey information collection is for an evaluation of the impact of the Green Jobs and Health Care ARRA-funded training grants. This evaluation is sponsored by ETA to understand the processes surrounding the design and implementation of these grants.
Announcement Regarding States Triggering “Off” in the Emergency Unemployment Compensation 2008 (EUC08) Program and the Federal-State Extended Benefits (EB) Program
Document Number: 2012-8618
Type: Notice
Date: 2012-04-11
Agency: Employment and Training Administration, Department of Labor
Announcement regarding states triggering ``off'' in the Emergency Unemployment Compensation 2008 (EUC08) program and the Federal State Extended Benefits (EB) Program. The Department of Labor 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 January 24, 2012 the three month average, seasonally-adjusted total unemployment rate (TUR trigger) for Texas fell below the 8.5% threshold to remain ``on'' Tier Four of the EUC08 program. The 13-week mandatory ``on'' period for Texas in Tier Four of the EUC08 program concluded on March 10, 2012. As a result, the week ending March 10, 2012 was the last week in which EUC claimants in Texas could exhaust Tier 3, and establish Tier 4 eligibility. With this change, the maximum potential entitlement in Texas for the EUC08 program decreased from 53 weeks to 47 weeks. Under the phase-out provisions, claimants can receive any remaining entitlement they have in Tier 4 after March 10, 2012. Based on data released by the Bureau of Labor Statistics on March 13, 2012, the TUR triggers for Minnesota and Utah fell below the 6% threshold to remain ``on'' in Tier 3 of the EUC08 program. As a result, the current maximum potential entitlement in both of these states in the EUC08 program will decrease from 47 weeks to 34 weeks. The week ending April 7, 2012 will be the last week in which EUC08 claimants in these states can exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants in these states can receive any remaining entitlement they have in Tier 3 after April 7, 2012. Based on data released by the Bureau of Labor Statistics on March 13, 2012, the TUR triggers for Alabama, Idaho, and Ohio fell below the 8.5% 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 will decrease from 53 weeks to 47 weeks. The week ending April 7, 2012 will be the last week in which EUC claimants in these states can 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 7, 2012. Based on data released by the Bureau of Labor Statistics on March 13, 2012, the TUR trigger for Kansas fell to 6.3%, below the 6.5% threshold to remain ``on'', and triggering them ``off'' of the EB program with the week ending March 17, 2012. The payable period for Kansas in the EB program will conclude with the week ending April 7, 2012. Based on data released by the Bureau of Labor Statistics on March 13, 2012, the TUR triggers in Colorado, Texas, and West Virginia fell below the 8.0% threshold required to remain ``on'' in a high unemployment period (HUP) for EB. Claimants in these states will remain eligible for up to 20 weeks of benefits through April 7, 2012, but starting April 8, 2012, the maximum potential entitlement in the EB program for these states will decrease from 20 weeks to 13 weeks. Based on data released by the Bureau of Labor Statistics on March 13, 2012, as well as revisions to prior year data released on February 29, 2012, Kentucky, Massachusetts, Missouri, Ohio, Oregon, South Carolina, Tennessee, and Wisconsin no longer meet one of the criteria to remain ``on'' in EB, having their current TUR triggers be at least 110% of one of the trigger rates from a comparable prior period in one of the three prior years. This triggers these states ``off'' of the EB program with the week ending March 17, 2012. The payable period in these states for the EB program will conclude with the week ending April 7, 2012. Information for Claimants
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-8498
Type: Notice
Date: 2012-04-10
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-8497
Type: Notice
Date: 2012-04-10
Agency: Employment and Training Administration, Department of Labor
Notice of Availability of Funds and Solicitation for Grant Applications for Women in Apprenticeship and Nontraditional Occupations (WANTO); Funding Opportunity Number: SGA/DFA PY-11-10
Document Number: 2012-8494
Type: Notice
Date: 2012-04-10
Agency: Employment and Training Administration, Department of Labor
Through this notice, the U.S. Department of Labor Employment and Training Administration (ETA), announces the availability of approximately $1,800,000 in grant funds authorized under the WANTO Act of 1992 to award six consortia made up of a community-based organization (CBO), a Local Workforce Investment Area (LWIA) established under the Workforce Investment Act and a registered apprenticeship program (RAP) sponsor. Each consortium will conduct innovative projects to improve outreach, recruitment, hiring, training, employment, and retention of women in apprenticeships in the nontraditional occupations. Each consortium must consist of a minimum of three components: (1) A CBO (which may be a faith-based organization) that has demonstrated experience in providing women with job-training services; (2) a LWIA (which includes a representative of the local government responsible for administering workforce programs under WIA or Workforce Investment Board); and (3) a RAP sponsor (which can be an individual employer, association of employers, or an apprenticeship committee which includes joint and non-joint committees designated by the sponsor to administer and operate an apprenticeship program and in whose name the apprenticeship program is registered or approved). It is anticipated that awards will be in the amount of up to $300,000 over the two-year grant period.
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-7797
Type: Notice
Date: 2012-04-02
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2012-7796
Type: Notice
Date: 2012-04-02
Agency: Employment and Training Administration, Department of Labor
Workforce Investment Act of 1998 (WIA); Lower Living Standard Income Level (LLSIL)
Document Number: 2012-7377
Type: Notice
Date: 2012-03-28
Agency: Employment and Training Administration, Department of Labor
Title I of WIA (Pub. L. 105-220) requires the U.S. Secretary of Labor (Secretary) to update and publish the LLSIL tables annually, for uses described in the law (including determining eligibility for youth). WIA defines the term ``low income individual'' as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2012 and references the current 2012 Health and Human Services ``Poverty Guidelines.''
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