Employment and Training Administration 2011 – Federal Register Recent Federal Regulation Documents

The Department of Labor (we or us) is amending the effective date of Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule). 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 effective date of the Wage Rule was set at January 1, 2012. This Final Rule revises the effective date of the Wage Rule to 60 days after the publication date of this Final Rule.

Announcement regarding states triggering ``off'' of Tiers Three and Four of the Emergency Unemployment Compensation (EUC08) program. Public law 111-312 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 published June 17 by the Bureau of Labor Statistics, the following trigger changes have occurred for states in the EUC08 program: Indiana's three month average, seasonally adjusted total unemployment rate fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending July 9, 2011 was the last week in which EUC claimants in Indiana could exhaust Tier Three, and establish Tier Four eligibility. Under the phase-out provisions, claimants may receive any remaining entitlement they have in Tier Four after July 9, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 53 weeks to a maximum potential entitlement of 47 weeks in the EUC08 program. Oklahoma's three month average, seasonally adjusted total unemployment rate fell below the 6% threshold to remain ``on'' in Tier Three of the EUC08 program. The week ending July 9, 2011 was the last week in which EUC claimants in Oklahoma could exhaust Tier Two, and establish Tier Three eligibility. Under the phase-out provisions, claimants may receive any remaining entitlement they have in Tier Three after July 9, 2011. Eligibility for claimants has been reduced from a maximum potential entitlement of 47 weeks to a maximum potential entitlement of 34 weeks in the EUC08 program.

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; the 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 collection of data for State Integrated Workforce Plan Requirements for Workforce Investment Act/ Wagner-Peyser Act and Department of Labor Workforce Programs, and for Unified Plan Requirements. The State Integrated Workforce Plan Requirements substantially revise and replace the former WIA/Wagner- Peyser ``stand-alone'' planning guidance, formerly entitled ``Planning Guidance and Instructions for Submission of the Strategic State Plan for title I of the Workforce Investment Act of 1998 (WIA) and the Wagner-Peyser Act.'' The new requirements also include data collection for the Migrant and Seasonal Farmworker (MSFW) Annual Outreach Plan (AOP), Trade Adjustment Assistance (TAA), and Senior Community Service Employment Program (SCSEP) State Plans. SCSEP plans may now be optionally included in the State Integrated Workforce Plan submission. While these new requirements provide an option for states to integrate DOL-funded programs into a single plan, it does not replace Unified Plan guidance that exists under this same control number 1205-0398. A copy of the proposed information collection request (ICR) can be obtained at https://www.doleta.gov/usworkforce/wia-planning or by contacting the office listed below in the addressee section of this notice.

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: AR Mike Enterprise, Inc., Cameron, Arizona. Principal Product/Purpose: The loan, guarantee, or grant application is to finance the establishment of a new venture involving a Chevron gas station, Burger King Restaurant, McAlister's Deli and a convenience store, which will be located in Cameron, Arizona. The NAICS industry codes for this enterprise are: 447110 (gasoline stations with convenience stores) and 722211 (limited-service restaurants).

The Department of Labor (the Department or DOL) proposes to amend the effective date of Wage Methodology for the Temporary Non- agricultural Employment H-2B Program; Final Rule, 76 FR 3452, January 19, 2011, (the Wage Rule). The Wage Rule revised the methodology by which the Department calculates 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 effective date of the Wage Rule was set at January 1, 2012.