Department of Labor – Federal Register Recent Federal Regulation Documents

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/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 Federal Contract Compliance Programs is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Non-construction Supply and Service Information Collection. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

The Department of Labor (DOL) is submitting the revised Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Mine Accident, Injury & Illness Report and Quarterly Mine Employment and Coal Production Report,'' 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).

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-11528, 2011-06, Wachovia Corporation and Its Current and Future Affiliates or Successors (collectively, Wachovia or the Applicant), D-11580, 2011-07, Robert W. Baird and Co. Incorporated and its Future Affiliates and Subsidiaries (collectively, Baird); D-11621, 2011-08, Security Benefit Mutual Holding Company (MHC) and Security Benefit Life Insurance Company (SBL, and together with MHC the Applicants); and D-11635, 2011-09, The Parvin Nahvi, M.D. Inc. 401(k) Profit Sharing Trust (the Plan).

The Department of Labor, in collaboration with the Department of Education, announces that four states are eligible to apply for Workforce Investment Act (WIA) (Pub. L. 105-220, 29 U.S.C. 2801 et seq.) incentive grant awards authorized by section 503 of the WIA.

The Department of Labor (Department), 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 (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 on a new data collection for the GATE II Evaluation. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Occupational Exposure to Hazardous Chemicals in Laboratories.

In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. This extension gives commenters additional time to review and comment on the proposed rule. The proposal was published on October 19, 2010 (75 FR 64412).

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/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 is soliciting comments concerning the proposed collection: Miner's Claim for Benefits under the Black Lung Benefits Act (CM-911) and Employment History (CM- 911A). A copy of the proposed information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this Notice.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Request for Examination and/or Treatment,'' Form LS-1, to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

Through this notice, the Employment and Training Administration (ETA), U.S. Department of Labor (DOL or the Department), announces the availability of approximately $240 million in funds for an H-1B Technical Skills Training Grants program. This grant program is designed to provide education, training, and job placement assistance in the occupations and industries for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support such training. H-1B technical skills training grants are financed by a user fee paid by employers to bring foreign workers into the United States under the H-1B nonimmigrant visa program. This technical skills training program was authorized under Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), as amended (29 U.S.C. 2916a). Grant awards will be made only to the extent that funds are available. The Department will make awards to two types of training grants: those that provide On-the-Job Training (OJT) to all participants and those that use other training strategies. Of the awards granted through this Solicitation, at least $150 million will be awarded to grantees that provide OJT to all participants. Between the two types of grants awarded (OJT and other training strategies), DOL intends to fund at least $45 million to applicants proposing to provide training for occupations in the health care industry and at least $60 million to applicants that serve long-term unemployed individuals. While this Solicitation is open, DOL anticipates that additional funding will accrue for this grant program. Such additional funding may be made available for awards during the second round of funding, depending on the quality of applications received. The Department expects to award approximately 75-100 grants ranging from $1 million to $5 million with up to a 48-month period of performance. The Department will award grants to a partnership of private and public sector entities as defined in ACWIA. This partnership must include at least two entities from among the following groups: (1) Businesses or business-related nonprofit organizations, such as trade associations; (2) education and training providers, including community colleges and other community-based organizations; and (3) entities involved in administering the workforce investment system established under Title I of the WIA, and economic development agencies. The complete SGA is available in detail on ETA's Web site at http:/ /www.doleta.gov/grants/find_grants.cfm 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 Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Delinquent Filer Voluntary Compliance Program,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Department of Labor (DOL) is submitting the Office of the Assistant Secretary for Administration and Management sponsored information collection request (ICR) titled, ``Compliance Information ReportWorkforce Investment Act of 1998 and Complaint Information Form,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, which requires covered Federal contractors and subcontractors to take affirmative action in employment on behalf of specified categories of protected veterans. The proposed regulations would strengthen these affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations. They would also increase the contractor's data collection obligations, and require the contractor to establish hiring benchmarks to assist in measuring the effectiveness of its affirmative action efforts. Rescission of 41 CFR part 60-250 as obsolete is also proposed.

As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Department of Labor (DOL) is submitting a Generic Information Collection Request (Generic ICR): ``DOL Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.).

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Suspension of Pension Benefits,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Employment and Training Administration published a notice in the Federal Register on January 21, 2011, announcing the availability of funds and Solicitation for Grant Applications (SGA) for the Trade Adjustment Assistance Community College and Career Training grant program (TAACCCT) to be awarded through a competitive process. This amendment to the SGA clarifies items related to making portions of grant applications publicly available. The document is hereby amended. In Section IIIG3, of the solicitation (https://www.doleta.gov/ grants/pdf/SGA-DFA-PY-10-03.pdf), the following text should be replaced: Old Text``The Department is committed to conducting a transparent grant award process and publicizing information about program outcomes. Applicants are advised their application and information related to its review and evaluation (whether or not the application is successful) may be made publicly available, either fully or partially. In addition, information about grant progress and results may also be made publicly available.'' New Text``The Department is committed to conducting a transparent grant application and award process. Among other things, posting grant applications on public Web sites is a means of promoting and sharing innovative ideas. For this grant competition, we will publish the Technical Proposal required by Section IVB, Part II for all those applications that are awarded grants, on the Department's Web site or a similar location. Additionally, in accordance with Section IVB, Part IIIa, of the SGA, which states that the Abstracts will be shared publicly, we will publish the Abstracts for all applications on the Department's Web site or similar location. No other attachments to the application will be published. The Technical Proposals and Abstracts will not be published until after grants are awarded.'' DOL recognizes that grant applications sometimes contain information that an applicant may consider proprietary or business confidential, or they may contain personally identifiable information. Information is considered proprietary or confidential commercial/ business information when it is not usually disclosed outside your organization, and when its disclosure is likely to cause you substantial competitive harm. Personally identifiable information is information that can be used to distinguish or trace an individual's identity, such as a name, social security number, date and place of birth, mother's maiden name, or biometric records, or any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. In order to ensure that such information is properly protected from disclosure when DOL posts the winning Technical Proposals, applicants whose technical proposals will be posted will be asked to submit a second redacted version of their Technical Proposal, with proprietary, confidential commercial/business, and personally identifiable information redacted. All non-public information about the applicant's and consortium members' staff (if applicable) should be removed as well. The Department will contact the applicants whose technical proposals will be published by letter or email, and provide further directions about how and when to submit the redacted version of the Technical Proposal. Submission of a redacted version of the Technical Proposal will constitute permission by the applicant, and anyone identified in the application, for DOL to post that redacted version. If an applicant fails to provide a redacted version of the Technical Proposal, DOL will publish the original Technical Proposal in full, after redacting personally identifiable information. (Note that the original, unredacted version of the Technical Proposal will remain part of the complete application package, including an applicant's proprietary and confidential information and any personally identifiable information.) Applicants are encouraged to maximize the grant application information that will be publicly disclosed, and to exercise restraint and redact only information that truly is proprietary, confidential commercial/business information, or capable of identifying a person. The redaction of entire pages or sections of the Technical Proposal is not appropriate, and will not be allowed, unless the entire portion merits such protection. Should a dispute arise about whether redactions are appropriate, DOL will follow the procedures outlined in the Department's Freedom of Information Act (FOIA) regulations (29 CFR part 70). Redacted information in grant applications will be protected by DOL from public disclosure in accordance with Federal law, including the Trade Secrets Act (18 U.S.C. 1905), FOIA, and the Privacy Act (5 U.S.C. 552a). If DOL receives a FOIA request for your application, the procedures in DOL's FOIA regulations for responding to requests for commercial/business information submitted to the government will be followed, as well as all FOIA exemptions and procedures. 29 CFR 70.26. Consequently, it is possible that application of FOIA rules may result in release of information in response to a FOIA request that an applicant redacted in its ``redacted copy.'' The Department is working with OMB to meet the requirements of the Paperwork Reduction Act of 1965 (PRA), and will not require any applicants to submit any redactions until the PRA process has been completed. The public reporting burden for this collection of information is tentatively estimated at six hours per response.''

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 to withdraw a petition for modification for the Speed Mining, Inc., American Eagle Mine, MSHA I.D. No. 46-05437. MSHA published a notice in the Federal Register on January 14, 2011 (76 FR 2725).