Department of Labor – Federal Register Recent Federal Regulation Documents

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).

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.

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

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.

The Mine Safety and Health Administration (MSHA) is revising its requirements for preshift, supplemental, on-shift, and weekly examinations of underground coal mines to require operators to identify violations of health or safety standards related to ventilation, methane, roof control, combustible materials, rock dust, other safeguards, and guarding, as listed in the final rule. Violations of these standards create unsafe conditions for underground coal miners. The final rule also requires that the mine operator record and correct violations of the nine safety and health standards found during these examinations. It also requires that the operator review with mine examiners on a quarterly basis all citations and orders issued in areas where preshift, supplemental, on-shift, and weekly examinations are required. The final rule will increase the identification and correction of unsafe conditions in mines earlier, and improve protection for miners in underground coal mines.

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (https:// www.reginfo.gov/public/do/PRAMain).

This notice announces availability of approximately $1.2 million for Susan Harwood Training Program Grants under the following categories: Targeted Topic Training, and Training and Educational Materials Development Grants.

The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Occupational Safety and Health State 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.).

This final determination revises the list required by Executive Order 13126 (``Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor''), in accordance with the ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Under 48 CFR Subpart 22.15 and E.O. 13126.'' This notice revises the list by adding three products, Bricks from Afghanistan and Cassiterite and Coltan from the Democratic Republic of the Congo, that the Departments of Labor, State and Homeland Security believe might have been mined, produced, or manufactured by forced or indentured child labor. Under a final rule of the Federal Acquisition Regulatory Councils, published January 18, 2001 (at 48 CFR Subpart 22.15), which also implements Executive Order 13126, federal contractors who supply products which appear on this list are required to certify, among other things, that they have made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture the item.

OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in the Asbestos in Shipyards Standard (29 CFR 1915.1001).

This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions 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 proposed exemptions: D-11582, South Plains Financial, Inc. Employee Stock Ownership Plan (the Plan or the Applicant); and D-11668, TIB Financial Corp. Employee Stock Ownership Plan with 401(k) Provisions (the Plan).

This document contains a notice of pendency before the Department of Labor (the Department) of an amendment to a proposed individual exemption from certain prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and the Internal Revenue Code of 1986, as amended (the Code). The proposed transactions involve Sammons Enterprises, Inc. (Sammons). The proposed exemption, if granted, would affect the ESOP for which Sammons is the sponsor, and the participants and beneficiaries of the ESOP. Temporary Nature of Exemption: This exemption, if granted, will expire at the earlier of (i) the first day of the first fiscal year of Sammons next following the fiscal year in which falls the fifth anniversary of the date of grant of the exemption; and (ii) the first day upon which the ESOP fails to own at least 99% of the issued and outstanding shares of Sammons. Written Comments and Hearing Requests: All interested persons are invited to submit written comments and/or requests for a hearing on the proposed exemption within forty five (45) days from the date of the publication of this Federal Register Notice. Comments and requests for a hearing should state: (1) The name, address and telephone number of the person making the comment or the request for a hearing and (2) the nature of the person's interest in the proposed exemption and the manner in which the person would be adversely affected by the proposed exemption. A request for a hearing must also state the issues to be addressed at the requested hearing and include a general description of the evidence to be presented at the requested hearing.

OSHA is aware of employee safety risks in two areas, reinforcing operations in concrete work (construction only) and fatal backovers by vehicles and equipment (all industries), and is requesting information from the public on these risks. This RFI requests information that will assist the Agency in determining what steps, if any, it can take to prevent injuries and fatalities in these two areas.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Request To Be Selected as Payee,'' Form CM-910, 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 (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation 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). The Department undertakes this consultation 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. Through this notice, the Employment and Training Administration (ETA) is soliciting comments concerning the revision of the approved information collection, Office of Management and Budget (OMB) Control Number 1205-0457, containing ETA Form 9127Foreign Labor Certification Quarterly Activity Report and instructions. The ETA Form 9127 solicits information from State Workforce Agencies (SWAs) who are recipients of foreign labor certification grants about program-related activities performed by SWA staff in accordance with the specific fiscal year annual plans. This information collection is set to expire on May 31, 2012.