Employment and Training Administration – Federal Register Recent Federal Regulation Documents

The U.S. 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 (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 Employment and Training Administration (ETA) is soliciting comments concerning the proposed extension of the Tax Performance System (TPS). A copy of the proposed information collection request can be obtained by contacting the employee listed below in the contact section of this notice or by accessing: https://www.doleta.gov/ OMBCN/OMBControlNumber.cfm.

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 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 95) [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, ETA is soliciting comments concerning the extension of data collection on its Guam Military Base Realignment Contractors Recruitment Standards, which expire April 30, 2012. This information collection follows an emergency review that was conducted in accordance with the PRA 95 and 5 CFR 1320.13. The submission for Office of Management and Budget (OMB) emergency review was approved on October 19, 2011. A copy of the proposed information collection request can be obtained either by: (1) Accessing the RegInfo.gov Web site at https:// www.reginfo.gov/public/do/ PRAViewDocument?refnbr= 201108-1205-007, or (2) by contacting the office listed below in the addresses section of this notice.

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 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 Employment and Training Administration (ETA) is soliciting comments concerning LERS, Office of Management and Budget (OMB) Control No. 1205-0240), which facilitates performance reporting for the Wagner-Peyser Act funded public employment service activities through the ETA 9002 reports and for the Jobs for Veterans' State grants' activities through the Veterans' Employment and Training Services (VETS) 200 reports. The current expiration date is March 31, 2012. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this notice.

Announcement regarding Notice of a Change in Status of the payable period in the Emergency Unemployment Compensation 2008 (EUC08) program for Iowa and Oklahoma. Public law 112-78 extended provisions in Public Law 111-92 which amended prior laws to create a Third and Fourth Tier of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https:// ows.doleta.gov/unemploy/claimsarch.asp. Based on data released by the Bureau of Labor Statistics on December 20, 2011, the estimated three month average, seasonally adjusted total unemployment rate for Iowa fell to 5.9%, below the threshold to remain ``on'' in Tier 3 of the EUC08 program. As a result, the current maximum potential duration for claimants in Iowa in the EUC08 program will decrease from 47 weeks to 34 weeks. The week ending January 14, 2012 will be the last week in which EUC claimants in Iowa can 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 January 14, 2012. Based on data released by the Bureau of Labor Statistics on December 20, 2011, the estimated three month average, seasonally adjusted total unemployment rate for Oklahoma rose to 6.0%, meeting the criteria to trigger ``on'' to Tier 3 in the EUC08 program. Claimants who have exhausted Tier 2 in the EUC08 program may be eligible for up to 13 additional weeks of benefits. The payable period for Oklahoma in Tier 3 of the EUC08 program begins January 8, 2012.

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: Northern Beef Packers Limited Partners. Principal Product/Purpose: The loan, guarantee, or grant application is to finance building construction and to purchase equipment for a beef production and packaging facility, which will be located in Aberdeen, South Dakota. The NAICS industry code for this enterprise is: 311611 (beef produced in slaughtering plants).

The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year (FY) 2012. The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.

The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H-2A workers). 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 AEWRs for 2012.

This notice announces the approval for delay of Title XII interest payment for three states. Section 1202(b)(3)(B) of the Social Security Act permits a state to delay payment of interest accrued on Title XII advances made during the last five months of the Federal fiscal year (FY) (May, June, July, August, and September) to no later than December 31 of the next succeeding calendar year. Interest on the delayed payment will accrue from the normal due date (i.e., September 30) and in the same manner as if the interest due on the advance(s) was an advance made on such due date. During fiscal year 2011, the States of Colorado and New Jersey had requested delay of payment for interest accrued on advances taken during the last five months of FY 2011. Delay of interest payment for these States was granted until December 31, 2012, however New Jersey opted to repay their entire accrued interest liability on September 30, 2011. Section 1202(b)(9) of the Social Security Act permits a state to delay for a period not to exceed nine months the Title XII interest payment due prior to October 1 if, for the most recent 12- month period prior to such October 1 for which data are available, the state had an average total unemployment rate of 13.5 percent or greater. An interest payment delayed under paragraph (9) must be paid in full not later than the last official Federal business day prior to the following July 1, allowing that at the state's option payment of delayed interest may be accelerated. No interest shall accrue on such delayed payment. The State of Nevada had requested delay of payment for accrued interest based on these high unemployment provisions, and such delay was granted until June 30, 2012.

Announcement regarding Notice of a Change in Status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Colorado. Public Law 111-312 extended provisions in Public Law 111-92 which amended prior laws to create Third and Fourth Tiers of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https://ows.doleta.gov/unemploy/ claimsarch.asp. Based on data released by the Bureau of Labor Statistics on October 21, 2011, the three month average, seasonally adjusted total unemployment rate for Colorado fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending November 12, 2011, is the last week in which EUC claimants in Colorado can exhaust Tier 3 and establish Tier 4 eligibility. Under the phase-out provisions, claimants who were in Tier Four can receive any remaining entitlement they have in Tier Four after November 12, 2011.

The Department of Labor (Department) will conduct an evaluation to provide rigorous, nationally-representative estimates of the net impacts of the YouthBuild program. The Department has determined that it is in the public interest to use a random assignment impact methodology for the study. In the sites randomly selected to participate in this evaluation, all applicants for YouthBuild during a 12-18 month enrollment period will be required to participate in the study. On August 17, 2011 (76 FR 51056-51058), the Department solicited comments concerning the Department's plan to carry out the study. No comments were received. The Department will proceed with the study as explained in the previous notice.

The Department of Labor (Department) recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule) to January 1, 2012. This notice provides guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance is intended to clarify the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.