Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices 2143 

the financial services industry and the 

expectations of plan officials and 

participants who receive investment 

advice. For a full discussion of the 

changes, see the October 22, 2010 

Federal Register at page 65263, et seq. 

or visit EBSA’s Web site at http:// 

www.dol.gov/ebsa/, see Proposed Rules. 

Since publication in the Federal 

Register, there has been considerable 

interest expressed in the proposed rule 

and its impact on various segments of 

the employee benefits and financial 

communities, as well as individuals and 

organizations involved with appraisals 

of employer stock and other assets. In 

order to ensure that all issues are fully 

considered and interested persons have 

sufficient time to share their views on 

this important regulation, EBSA has 

announced that it is extending the 

period for submitting comments on the 

proposal until February 3, 2011, two 

weeks after the close of the January 20, 

2011 comment period provided in the 

proposed regulation, and it is holding a 

public hearing, the subject of this 

notice. 

The hearing will be held on March 1, 

2011 and, if necessary, March 2, 2011, 

beginning at 9 a.m. EST, in the plaza 

auditorium of the U.S. Department of 

Labor, Frances Perkins Building, at 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

Persons interested in presenting 

testimony and answering questions at 

this public hearing must submit, by 3:30 

p.m. EST, February 9, 2011, a written 

request to testify and an outline of the 

issues they would like to address at the 

hearing. It should be noted that, while 

reasonable efforts will be made to 

accommodate requests to testify on the 

specified issues, it may be necessary to 

limit the number of those testifying in 

order to provide an opportunity for the 

presentation of the broadest array of 

points of view during the period allotted 

for the hearing. Any persons not 

afforded an opportunity to testify will 

still have an opportunity to submit a 

written statement on the specified 

issues for the record. The hearing will 

be open to the general public. 

To facilitate the receipt and 

processing of requests to testify, EBSA 

encourages interested persons to submit 

their requests and outlines by e-mail to 

e-ORI@dol.gov, subject line: Fiduciary 

Definition Hearing. Persons submitting 

requests and outlines electronically 

should not submit paper copies. Persons 

submitting requests and outlines on 

paper should send or deliver their 

requests and outlines to the Office of 

Regulations and Interpretations, 

Employee Benefits Security 

Administration, Attn: Fiduciary 

Definition Hearing, Room N–5655, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

All requests and outlines submitted will 

be available to the public, without 

charge, online at http://www.dol.gov/ 

ebsa and at the Public Disclosure Room, 

N–1513, Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210. 

EBSA will prepare an agenda 

indicating the order of presentation of 

oral comments and testimony. In the 

absence of special circumstances, each 

presenter will be allotted ten (10) 

minutes in which to complete his or her 

presentation. Those individuals who 

make oral comments and present 

testimony at the hearing should be 

prepared to answer questions regarding 

their information and/or comments. 

Those requesting to testify also should 

be prepared to participate as part of a 

panel, to the extent possible, organized 

by issue. 

Any individuals with disabilities who 

may need special accommodations 

should notify the Agency when 

contacted concerning the scheduling of 

their testimony. 

Information about the agenda will be 

posted on http://www.dol.gov/ebsa no 

later than February 17, 2011. 

Individuals planning to attend the 

hearing should provide contact 

information by e-mail to e-ORI@dol.gov 

and arrive at least 15 minutes prior to 

the start of the hearing to expedite 

entrance into the building. 

Notice of Public Hearing 

Notice is hereby given that a public 

hearing will be held on March 1, 2011 

and, if necessary, March 2, 2011, 

concerning issues related to the 

proposed rule defining when a person 

will be considered a ‘‘fiduciary’’ by 

reason of giving investment advice to a 

plan or to the plan’s participants. The 

hearing will be held beginning at 9 a.m. 

EST in the plaza auditorium of the U.S. 

Department of Labor, Frances Perkins 

Building, 200 Constitution Avenue, 

NW., Washington, DC 20210. 

Notice of Extension of Comment Period 

Notice is hereby given that the period 

for submitting comments on the 

proposed Definition of the Term 

‘‘Fiduciary,’’ published in the Federal 

Register on October 22, 2010 (75 FR 

65263), is being extended until February 

3, 2011. 

To facilitate the receipt and 

processing of comment letters, the EBSA 

encourages interested persons to submit 

their comments electronically by e-mail 

to e-ORI@dol.gov, subject line: 

Definition of Fiduciary Proposed Rule 

or by using the Federal eRulemaking 

portal at http://www.regulations.gov. 

Persons submitting comments 

electronically are encouraged not to 

submit paper copies. Persons interested 

in submitting paper copies should send 

or deliver their comments to the Office 

of Regulations and Interpretations, 

Employee Benefits Security 

Administration, Attn: Definition of 

Fiduciary Proposed Rule, Room N– 

5655, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210. All comments will be 

available to the public, without charge, 

online at http://www.regulations.gov 

and http://www.dol.gov/ebsa and at the 

Public Disclosure Room, N–1513, 

Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210. Warning: Do not 

include any personally identifiable 

information (such as name, address, or 

other contact information) or 

confidential business information that 

you do not want publicly disclosed. All 

comments may be posted on the Internet 

and can be retrieved by most Internet 

search engines. Comments may be 

submitted anonymously. 

Signed at Washington, DC, this 6th day of 

January, 2011. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

[FR Doc. 2011–483 Filed 1–11–11; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities: Revision and Extension of a 

Currently Approved Information 

Collection; Comment Request 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(Department), as part of its continuing 

effort to reduce paperwork and 

respondent burden, is conducting a preclearance consultation to provide the 

general public and Federal agencies 

with an opportunity to comment on a 

continuing collection of information in 

accordance with the Paperwork 

Reduction Act (PRA) of 1995 [44 U.S.C. 

3506(c)(2)(A)]. This consultation is 

undertaken to ensure that requested 

data can be provided in the desired 

mstockstill on DSKH9S0YB1PROD with NOTICES

2144 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices 

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 is soliciting comments 

concerning the extension of the 

approval for information collection 

involving the ETA Form 9089, OMB 

Control No. 1205–0451, Application for 

Permanent Employment Certification, 

which expires on June 30, 2011. A copy 

of the information collection request 

(ICR) can be obtained by contacting the 

office listed below in the addressee 

section of this notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee section below on or before 

March 14, 2011. 

ADDRESSES: William L. Carlson, 

Administrator, Office of Foreign Labor 

Certification, U.S. Department of Labor, 

Room C4312, 200 Constitution Ave., 

NW., Washington, DC 20210. Phone 

(202) 693–3010 (This is not a toll-free 

number), fax (202) 693–2768, or e-mail 

at ETA.OFLC.Forms@dol.gov subject 

line: ETA Form 9089. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The information collection is required 

by sections 203(b)(3) and 212(a)(5)(A) of 

the Immigration and Nationality Act 

(INA) (8 U.S.C. 1153(b)(3) and 

1182(a)(5)(A)). The Department and the 

Department of Homeland Security 

(DHS) have promulgated regulations to 

implement the INA. Specifically for this 

collection, the regulations at 20 CFR 656 

and 8 CFR 204.5 (the regulations) are 

applicable. Section 212(a)(5)(A) of the 

INA mandates the Secretary of Labor to 

certify that any alien seeking to enter 

the United States for the purpose of 

performing skilled or unskilled labor is 

not adversely affecting wages and 

working conditions of U.S. workers 

similarly employed and that there are 

not sufficient U.S. workers able, willing, 

and qualified to perform such skilled or 

unskilled labor. Before any employer 

may request any skilled or unskilled 

alien labor, it must submit a request for 

certification to the Secretary of Labor 

containing the elements prescribed by 

the INA and the regulations. The 

regulations require employers to 

document their recruitment efforts and 

to substantiate the reasons no U.S. 

workers were hired. 

II. Review Focus 

The Department is particularly 

interested in comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

In order to meet its statutory 

responsibilities under the INA, the 

Department needs to extend an existing 

collection of information pertaining to 

employers seeking to apply for labor 

certifications to allow them to bring 

foreign workers to the United States on 

a permanent basis. The information 

collection consists of the current form 

used by all employers and a modified 

form, previously approved by OMB, but 

never implemented by the Department. 

Once the Department completes 

building the electronic filing and case 

management system required to support 

the modified form, the current form will 

become obsolete and the modified form 

will become operative. At this time, the 

Department is not requesting that any 

substantive changes be made to either 

form. 

In the past the respondents have been 

for-profit businesses, not-for-profit 

institutions, individuals, households, 

and farms. On rare occasions the 

respondents have been local, state, tribal 

governments, or the federal government. 

The Secretary of Labor uses the 

collected information to determine if 

allowing an alien to enter the United 

States for the purpose of performing 

skilled or unskilled labor will adversely 

affect wages and working conditions of 

U.S. workers similarly employed and 

whether or not there were sufficient 

U.S. workers able, willing, and qualified 

to perform such skilled or unskilled 

labor at the time of the application. 

Type of Review: Revision and 

Extension of Currently Approved 

Information Collection. 

Agency: Employment and Training 

Administration. 

Title: Application for Permanent 

Employment Certification. 

OMB Control No.: 1205–0451. 

Agency Number(s): Form ETA 9089. 

Recordkeeping: On occasion. 

Affected Public: Businesses or other 

for-profits and not-for profits, 

individuals or households, farms, and 

Federal, State, Local or Tribal 

Governments. 

Total Respondents: 94,600. 

Estimated Total Burden Hours: 

223,331. 

Total Burden Cost (capital/startup): 0. 

Total Burden Cost (operating/ 

maintaining): $750,000. 

Comments submitted in response to 

this comment request will be 

summarized and/or included in the 

request for Office of Management and 

Budget approval of the information 

collection request; they also will 

become a matter of public record. 

Dated: January 5, 2011. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2011–471 Filed 1–11–11; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–74,714] 

Quest Diagnostics, Inc. Information 

Technology Help Desk Services 

Including On-Site Leased Workers 

From Modis, West Norriton, PA; 

Amended Certification Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on December 6, 2010, 

applicable to workers of Quest 

Diagnostics, Inc., Information 

Technology Help Desk Services, West 

Norriton, Pennsylvania. The workers are 

engaged in activities related to the 

supply of internal information 

technology (IT) support services. The 

notice will be published soon in the 

Federal Register. 

At the request of a petitioner, the 

Department reviewed the certification 

for workers of the subject firm. The 

company reports that workers leased 

from Modis were employed on-site at 

the West Norriton, Pennsylvania 

location of Quest Diagnostics, Inc., 

Information Technology Help Desk 

mstockstill on DSKH9S0YB1PROD with NOTICES