Department of Labor – Federal Register Recent Federal Regulation Documents
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Petitions for Modification of Application of Existing Mandatory Safety Standards
Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below to modify the application of existing mandatory safety standards codified in Title 30 of the Code of Federal Regulations.
Petitions for Modification of Application of Existing Mandatory Safety Standards
Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below to modify the application of existing mandatory safety standards codified in Title 30 of the Code of Federal Regulations.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; 2012 Wage and Hour Division and Occupational Safety and Health Administration Surveys Workers' Voice in the Workplace
The Department of Labor (DOL) is submitting the information collection request (ICR) proposal titled, ``2012 Wage and Hour Division and Occupational Safety and Health Administration Surveys Workers' Voice in the Workplace,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Affordable Care Act Internal Claims and Appeals and External Review Procedures for Non-Grandfathered Plans
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Affordable Care Act Internal Claims and Appeals and External Review Procedures for Non-grandfathered 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.).
Proposed Extension of Existing Information Collection; Ground Control for Surface Coal Mines and Surface Work Areas of Underground Coal Mines
The Department of Labor, 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps to assure 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 Mine Safety and Health Administration is soliciting comments concerning the extension of the information collection for 30 CFR 77.1000-1. OMB last approved this information collection request on October 13, 2009. The OMB approval for this information collection expires on October 31, 2012.
Standard on Hazardous Waste Operations and Emergency Response (HAZWOPER); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified by the Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard (29 CFR 1910.120).
Notice on Reallotment of Workforce Investment Act (WIA) Title I Formula Allotted Funds for Dislocated Worker Activities for Program Year (PY) 2011
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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Refuge Alternatives for Underground Coal Mines
The Department of Labor (DOL) is submitting the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) revision titled, ``Refuge Alternatives for Underground Coal Mines,'' 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.).
Proposed Extension of Existing Information Collection; Underground Retorts
The Department of Labor, 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995. 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 Mine Safety and Health Administration is soliciting comments concerning the extension of the information collection for 30 CFR 57.22401(b). The Office of Management and Budget last approved this information collection request on October 13, 2009.
Proposed Extension of Existing Information Collection; Roof Control Plans for Underground Coal Mines
The Department of Labor, 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps to assure 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 Mine Safety and Health Administration is soliciting comments concerning the extension of the information collection for 30 CFR 75.215, 75.220(a)(1), 75.221(a), 75.222(a), and 75.223(a), (b), and (d). OMB last approved this information collection request on September 28, 2009. The package expires on September 30, 2012.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notice of Blackout Period Under ERISA
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Notice of Blackout Period Under ERISA,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; ERISA Procedure 76-1; Advisory Opinion Procedure
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``ERISA Procedure 76-1; Advisory Opinion Procedure,'' 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.).
OSHA Strategic Partnership Program for Worker Safety and Health (OSPP); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in the OSHAs Strategic Partnership Program for Worker Safety and Health (OSPP).
Marine Terminals and Longshoring Standards; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standards on Marine Terminals (29 CFR part 1917) and Longshoring (29 CFR part 1918).
Public Availability of the Department of Labor FY 2011 Service Contract Inventory
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), Department of Labor (DOL) is publishing this notice to advise the public of the availability of its FY 2011 Service Contract Inventory. This inventory provides information on service contract actions over $25,000 made in FY 2011. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://www.whitehouse.gov/sites/default/files/omb/procurement /memo/ service-contract-inventories-guidance-11052010.pdf. DOL has posted its inventory and a summary of the inventory on the DOL homepage at https:// www.dol.gov/dol/aboutdol/main.htm#inventory.
Senior Community Service Employment Program (SCSEP) Performance Measurement System
The Paperwork Reduction Act (PRA) requires this notice to set forth the effectiveness of information collection requirements contained in 20 CFR part 641, related to the Senior Community Service Employment Program (SCSEP); Final Rule, Additional Indicator on Volunteer Work. See 77 FR 4654.
Information Collection Approval; Temporary Non-Agricultural Employment of H-2B Aliens in the United States
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
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
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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Registration for EFAST-2 Credentials
The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Registration for EFAST-2 Credentials,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Guam Military Base Realignment Contractors Recruitment Standards
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Guam Military Base Realignment Contractors Recruitment Standards,'' 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.).
Grant of Individual Exemption Involving Renaissance Technologies, LLC (Renaissance, or the Applicant) Located in New York, NY
This document contains an individual exemption from certain prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974, as amended (ERISA or the Act) and the Internal Revenue Code of 1986, as amended (the Code). The transactions involve Renaissance and certain of Renaissance's privately offered collective investment vehicles managed by Renaissance, comprised almost exclusively of proprietary funds. The individual exemption affects the individual retirement accounts beneficially owned by Renaissance's employees, certain of Renaissance's owners, and the spouses of such employees and owners.
Advisory Committee on Apprenticeship; virtual meeting
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.
Tribal Consultation Policy
The Department of Labor seeks comments on a proposed tribal consultation policy. This policy would establish standards for improved consultation with federally recognized Indian Tribes to the extent that a conflict does not exist with laws or regulations. It would apply to any Department action that affects federally recognized Indian tribes and would require that the Department's government-to-government consultation involve appropriate Tribal and Departmental officials.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Bureau of Labor Statistics Occupational Safety and Health Statistics Cooperative Agreement Application Package
The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ``Bureau of Labor Statistics Occupational Safety and Health Statistics Cooperative Agreement Application Package,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Market Information Cooperative Agreement
The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ``Labor Market Information Cooperative Agreement,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; YouthBuild Reporting System
The Department of Labor (DOL) hereby announces the submission of the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ``YouthBuild Reporting System,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Proposed Extension of Existing Information Collection; Notification of Methane Detected in Underground Metal and Nonmetal Mine Atmospheres
The Department of Labor, 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps to assure 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 Mine Safety and Health Administration is soliciting comments concerning the extension of the information collection for 30 CFR 57.22004(c); 57.22229(c) and (d); 57.22230(b) and (c); 57.22231; and 57.22239. OMB last approved this information collection request (ICR) on August 19, 2009.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Investment Streamlined Performance Reporting System
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Workforce Investment Streamlined Performance Reporting System,'' to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; O*Net Data Collection Program
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``O*Net Data Collection Program,'' 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.).
Rigging Equipment for Material Handling Construction Standard; Correction and Technical Amendment
OSHA is correcting its sling standard for construction titled ``Rigging Equipment for Material Handling'' by removing the rated capacity tables and making minor, nonsubstantive revisions to the regulatory text.
Scientific Integrity: Statement of Policy
The United States Department of Labor (DOL) is developing its policy on Scientific Integrity in response to the March 9, 2009, Presidential Memorandum on Scientific Integrity, and the December 17, 2010, Memorandum from the Director of the Office of Science and Technology Policy. DOL is soliciting comments on its draft policy.
Proposed Extension of Existing Collection; Comment Request
The 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 Office of Workers' Compensation Programs (OWCP) is soliciting comments concerning the proposed collection: Regulations Governing the Administration of the Longshore and Harbor Workers' Compensation Act (LS-200, LS-201, LS-203, LS-204, LS-262, LS-267, LS- 271, LS-274, and LS-513). A copy of the proposed information collection request can be obtained by contacting the office listed below in the address section of this Notice.
Notice of Availability of Funds and Solicitation for Grant Applications for Cooperative Agreements Under the Disability Employment Initiative
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.
The Family and Medical Leave Act
This document extends the period for filing written comments until April 30, 2012 on the proposed revisions to certain regulations of the Family and Medical Leave Act of 1993 (FMLA). On February 15, 2012, the Department published a Notice of Proposed Rulemaking to revise certain regulations the FMLA, primarily to implement recent statutory amendments to the Act. The comment period is scheduled to close on April 16, 2012. The Department of Labor (Department) is taking this action in order to provide interested parties additional time to submit comments.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
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).
OSHA Training Institute Education Center; Notice of Competition and Request for Applications
This notice announces the opportunity for interested non- profit organizations, including qualifying trade associations, labor unions, and community-based and faith-based organizations that are not an agency of a state or local government to submit applications to become an OSHA Training Institute Education Center and deliver standard classroom instruction on a regional basis. State or local government- supported institutions of higher education are eligible to apply. Eligible organizations can apply independently or in partnership with other eligible organizations, but in such a case, a lead organization must be identified along with a list of any consortium partners. Current OSHA-authorized OSHA Training Institute Education Centers must submit a new application in order to maintain their OSHA Training Institute Education Center status. Applications will only be accepted during the solicitation period and will be rated on a competitive basis. Complete application instructions are contained in this notice. Please note that all applicants selected to be OSHA Training Institute Education Centers must attend a mandatory orientation meeting at the OSHA Directorate of Training and Education, 2020 South Arlington Heights Rd., Arlington Heights, Illinois 60005-4102, at a time and date to be determined. This notice also contains information on a proposal conference designed to provide potential applicants with information about the OSHA Training Institute Education Centers Program. The conference will clarify OSHA expectations for OSHA Training Institute Education Centers, courses and methods of instruction, as well as administrative and program requirements for OSHA Training Institute Education Centers and the OSHA Outreach Training Program. Applicants are strongly encouraged to attend the proposal conference. OSHA will enter into five-year, non-financial cooperative agreements with successful applicants. These authorization agreements are intended solely to facilitate the ongoing monitoring and evaluation of safety training provided by authorized OSHA Training Institute Education Centers. These cooperative agreements will not constitute a grant or financial assistance instrument, and OSHA will provide no compensation to authorized OSHA Training Institute Education Centers.
Advisory Committee on Construction Safety and Health (ACCSH)
ACCSH will meet May 10-11, 2012, in Washington, DC. In conjunction with the ACCSH meeting, ACCSH Work Groups will meet May 8- 9, 2012.
Occupational Safety and Health Administration
OSHA invites interested parties to participate in an open, informal public meeting in Washington, DC to discuss proposals in preparation for the 23rd 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 July 4-6, 2012, in Geneva, Switzerland. OSHA, along with the U.S. Interagency 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 also requesting stakeholder input on behalf of the Regulatory Coordination Council (RCC).
Federal Advisory Council on Occupational Safety and Health (FACOSH)
The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet May 3, 2012, in Washington, DC. This Federal Register notice also announces the appointment of seven individuals to serve on FACOSH.
Administrative Claims Under the Federal Tort Claims Act and Related Statutes
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).
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