Department of Labor – Federal Register Recent Federal Regulation Documents

This document contains exemptions issued by the Department of Labor (the Department) 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: D-11710, El Paso Corporation Retirement Savings Plan (the Plan), 2012-19; and L-11688, Sharp HealthCare (Sharp), 2012-20.

With this notice, OSHA is withdrawing the proposed rule that accompanied its direct-final rule revising its Head Protection standards for general industry, shipyard employment, marine terminals, longshoring, and construction.

OSHA invites interested parties to participate in an open, informal public meeting to discuss proposals in preparation for the 24th session of the United Nations Sub-committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS). The UNSCEGHS meeting will be held December 12-14, 2012, in Geneva, Switzerland. OSHA, along with the U.S. Interagency GHS Coordinating Group, plans to consider the comments and information gathered at this public meeting when developing the U.S. Government positions for the UNSCEGHS meeting.

OSHA is broadening the exemption for digger derricks in its standard for cranes and derricks. OSHA issued a final standard updating the requirements for cranes and derricks on August 9, 2010, and the Edison Electric Institute (EEI) petitioned for review of the standard in the United States Court of Appeals. After petitioning, EEI provided OSHA with new information regarding digger derricks. OSHA reviewed the additional information and the rulemaking record, and decided to broaden the exemption for digger derricks used in the electric-utility industry by means of this proposed rule.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Provider Enrollment Form,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995.

ACCSH will meet November 29-30, 2012, in Washington, DC. In conjunction with the ACCSH meeting, ACCSH Work Groups will meet November 27-28, 2012. OSHA also announces the renewal of the ACCSH Charter for two years.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) extension titled, ``Reemployment and Eligibility Assessment Program,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

Announcement Regarding States Triggering ``on'' and ``off'' in the Emergency Unemployment Compensation 2008 (EUC08) Program. The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for this program 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' EUC08 trigger status: With the week ending September 22, 2012, Utah had served a full 13 week ``off'' period in Tier 2 of the EUC08 program. Given that the trigger rate for Utah has been at the 6.0 percent trigger rate threshold, this state met the criteria to resume a payable period in Tier 2 of the EUC08 program. This payable period started with the week beginning September 23, 2012. For claimants establishing new eligibility in Tier 2, the maximum potential entitlement in Tier 2 is the lesser of 54 percent of the maximum regular Unemployment Compensation (UC) entitlement or 14 times the regular UC weekly benefit amount. With the week ending September 22, 2012, West Virginia and Wisconsin had both served a full 13 week ``off'' period in Tier 3 of the EUC08 program. Given that the trigger rate for these states had been at or above the 7.0 percent trigger rate threshold, these states met the criteria to resume a payable period in Tier 3 of the EUC08 program. The payable period for these states started with the week beginning September 23, 2012. For claimants establishing new eligibility in Tier 3, the maximum potential entitlement in Tier 3 is the lesser of 35 percent of the maximum regular UC entitlement or 9 times the regular UC weekly benefit amount. With the release of national unemployment data by the Bureau of Labor Statistics on September 21, 2012, the estimated three month average, seasonally adjusted total unemployment rate for Maryland met the 7.0 percent threshold necessary to trigger ``on'' in Tier 3 of the EUC08 program. For claimants establishing new eligibility in Tier 3, the maximum potential entitlement is the lesser of 35 percent of the maximum regular UC entitlement or 9 times the regular UC weekly benefit amount. The week beginning October 7, 2012, will be the first week in which EUC08 claimants in Maryland who have exhausted Tier 2, and are otherwise eligible, can establish Tier 3 eligibility. With the release of national unemployment data by the Bureau of Labor Statistics on September 21, 2012, the estimated three month average, seasonally adjusted total unemployment rate for Michigan met the 9.0 percent threshold necessary to trigger ``on'' in Tier 4 of the EUC08 program. For claimants establishing new eligibility in Tier 4, the maximum potential entitlement in Tier 4 is the lesser of 24 percent of the maximum regular UC entitlement or 6 times the regular UC weekly benefit amount. The week beginning October 7, 2012, will be the first week in which EUC08 claimants in Michigan who have exhausted Tier 3, and are otherwise eligible, can establish Tier 4 eligibility. With the week ending October 6, 2012, Texas will have served a full 13 week ``off'' period in Tier 3 of the EUC08 program. Given that the trigger rate for Texas is currently at or above the 7.0 percent trigger rate threshold, and no more unemployment rates will be released before October 19, 2012, Texas will meet the criteria to resume a payable period in Tier 3 of the EUC08 program. This payable period will start with the week beginning October 7, 2012. For claimants establishing new eligibility in Tier 3, the maximum potential entitlement is the lesser of 35 percent of the maximum regular UC entitlement or 9 times the regular UC weekly benefit amount. With the week ending October 6, 2012, Georgia and Mississippi will have served a full 13 week ``off'' period in Tier 4 of the EUC08 program. Given that the trigger rate for these states is currently at or above the 9.0 percent trigger rate threshold, and no more unemployment rates will be released before October 19, 2012, Georgia and Mississippi will meet the criteria to resume a payable period in Tier 4 of the EUC08 program. The payable period will start with the week beginning October 7, 2012. For claimants establishing new eligibility in Tier 4, the maximum potential entitlement in Tier 4 is the lesser of 24 percent of the maximum regular UC entitlement or 6 times the regular UC weekly benefit amount. Based on data released by the Bureau of Labor Statistics on September 21, 2012, the three month average, seasonally adjusted total unemployment rate for the District of Columbia fell below the 9.0 percent trigger rate threshold to remain ``on'' in Tier 4 of the EUC08 program. As a result, entitlement for claimants in the District of Columbia in the EUC08 program will decrease from a maximum possible duration of 47 weeks to a maximum possible duration of 37 weeks. The week ending October 13, 2012, will be the last week in which EUC claimants in the District of Columbia can 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 October 13, 2012.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Overpayment Recovery Questionnaire,'' 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.).

The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``1,3-Butadiene Standard,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Lead in Construction Standard,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

NACOSH will meet November 15, 2012, in Washington, DC. In conjunction with the committee meeting, the NACOSH Effectiveness Measures Work Group will meet on November 14, 2012.

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Annual Funding Notice for Defined Benefit Pension Plans,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) proposal titled, ``Self-Employment Training Demonstration Evaluation,'' 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.).