[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21823-21838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8938]
[[Page 21823]]
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Part XI
Department of Labor
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###Semiannual Regulatory Agenda###
[[Page 21824]]
DEPARTMENT OF LABOR (DOL)
_______________________________________________________________________
DEPARTMENT OF LABOR
Office of the Secretary
20 CFR Chs. I, IV, V, VI, VII, and IX
29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV
30 CFR Ch. I
41 CFR Ch. 60
48 CFR Ch. 29
Semiannual Agenda of Regulations
AGENCY: Office of the Secretary, Labor.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: This document sets forth the Department's semiannual agenda of
regulations that have been selected for review or development during
the coming year. The Department's agencies have carefully assessed
their available resources and what they can accomplish in the next 12
months and have adjusted their agendas accordingly.
The agenda complies with the requirements of both Executive
Order 12866 and the Regulatory Flexibility Act. The agenda lists
all regulations that are expected to be under review or development
between April 2010 and April 2011, as well as those completed
during the past 6 months.
FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-2312,
Washington, DC 20210; (202) 693-5959.
Note: Information pertaining to a specific regulation can be obtained
from the agency contact listed for that particular regulation.
SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory
Flexibility Act require the semiannual publication in the Federal
Register of an agenda of regulations. As permitted by law, the
Department of Labor is combining the publication of its agendas under
the Regulatory Flexibility Act and Executive Order 12866.
Executive Order 12866 became effective September 30, 1993, and,
in substance, requires the Department of Labor to publish an agenda
listing of all the regulations it expects to have under active
consideration for promulgation, proposal, or review during the
coming 1-year period. The focus of all departmental regulatory
activity will be on the development of effective rules that advance
the Department's goals and that are understandable and usable to
the employers and employees in all affected workplaces.
In addition, beginning with the fall 2007 edition, the Internet
will be the basic means for disseminating the Unified Agenda. The
complete Unified Agenda will be available online at
www.reginfo.gov, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database.
The Regulatory Flexibility Act, which became effective on
January 1, 1981, requires the Department of Labor to publish an
agenda, listing all the regulations it expects to propose or
promulgate that are likely to have a ``significant economic impact
on a substantial number of small entities'' (5 U.S.C. 602).
The Regulatory Flexibility Act (under section 610) also
requires agencies to periodically review rules ``which have or will
have a significant economic impact upon a substantial number of
small entities'' and to annually publish a list of the rules that
will be reviewed during the succeeding 12 months. The purpose of
the review is to determine whether the rule should be continued
without change, amended, or rescinded.
The next 12-month review list for the Department of Labor is
provided below, and public comment is invited on the listing. A
brief description of each rule, the legal basis for the rule, and
the agency contact are provided with each agenda item.
Occupational Safety and Health Administration
Methylene Chloride (RIN 1218-AC23)
Bloodborne Pathogens (RIN 1218-AC34)
All interested members of the public are invited and encouraged
to let departmental officials know how our regulatory efforts can
be improved, and are invited to participate in and comment on the
review or development of the regulations listed on the agenda.
For this edition of the Department of Labor's regulatory
agenda, the most important significant regulatory actions and a
Statement of Regulatory Priorities are included in the Regulatory
Plan, which appears in both the online Unified Agenda and in part
II of the Federal Register that includes the Unified Agenda.
Hilda L. Solis,
Secretary of Labor.
Office of Federal Contract Compliance Programs--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
204 Affirmative Action and Nondiscrimination Obligations of Contractors and 1250-AA02
Subcontractors: Evaluation of Recruitment and Placement Results Under Section 503.....
----------------------------------------------------------------------------------------------------------------
Office of Federal Contract Compliance Programs--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
205 Affirmative Action and Nondiscrimination Obligations of Contractors and 1250-AA00
Subcontractors; Evaluation of Recruitment and Placement Results Under the VEVRAA of
1974, As Amended......................................................................
[[Page 21825]]
206 Construction Contractor Affirmative Action Requirements............................... 1250-AA01
----------------------------------------------------------------------------------------------------------------
Office of Labor Management Standards--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
207 Internet Balloting in Union Officer Elections......................................... 1245-AA04
----------------------------------------------------------------------------------------------------------------
Office of Labor Management Standards--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
208 Labor Organization Officer and Employee Report (Form LM-30)........................... 1245-AA01
209 Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public 1245-AA02
Sector Intermediate Unions............................................................
210 Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA......... 1245-AA03
----------------------------------------------------------------------------------------------------------------
Office of Labor Management Standards--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
211 Notification of Employee Rights Under Federal Labor Laws.............................. 1245-AA00
----------------------------------------------------------------------------------------------------------------
Office of Worker's Compensation Program--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
212 Defense Base Act Waivers.............................................................. 1240-AA01
213 Regulations Implementing the Longshore and Harbor Workers' Compensation Act: 1240-AA02
Recreational Vessels..................................................................
214 Claims for Compensation Under the Federal Employees' Compensation Act................. 1240-AA03
----------------------------------------------------------------------------------------------------------------
Office of Worker's Compensation Program--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
215 Death Gratuity Authorized for Federal Employees....................................... 1240-AA00
----------------------------------------------------------------------------------------------------------------
Wage and Hour Division--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
216 Nondisplacement of Qualified Workers Under Service Contracts.......................... 1235-AA02
217 The Family and Medical Leave Act of 1993, as Amended.................................. 1235-AA03
218 Records To Be Kept by Employers Under the Fair Labor Standards Act.................... 1235-AA04
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[[Page 21826]]
Wage and Hour Division--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
219 Amendments to the Fair Labor Standards Act............................................ 1235-AA00
220 Child Labor Regulations, Orders, and Statements of Interpretation..................... 1235-AA01
----------------------------------------------------------------------------------------------------------------
Wage and Hour Division--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
221 Application of the Fair Labor Standards Act to Domestic Service....................... 1235-AA05
----------------------------------------------------------------------------------------------------------------
Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
222 Notification of Employee Rights Under Federal Labor Laws.............................. 1215-AB70
223 Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public 1215-AB75
Sector Intermediate Unions............................................................
224 Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA......... 1215-AB79
----------------------------------------------------------------------------------------------------------------
Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
225 Amendment of Regulation Relating to Definition of Plan Assets--Participant 1210-AB02
Contributions.........................................................................
226 Participant Contributions 610 Regulation Review (Completion of a Section 610 Review).. 1210-AB11
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
227 Occupational Exposure to Beryllium.................................................... 1218-AB76
228 Methylene Chloride (Section 610 Review)............................................... 1218-AC23
229 Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl............. 1218-AC33
230 Bloodborne Pathogens (610 Review) (Section 610 Review)................................ 1218-AC34
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
231 Confined Spaces in Construction....................................................... 1218-AB47
232 Occupational Exposure to Crystalline Silica........................................... 1218-AB70
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
233 Electric Power Transmission and Distribution; Electrical Protective Equipment......... 1218-AB67
[[Page 21827]]
234 Cranes and Derricks in Construction................................................... 1218-AC01
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Office of Federal Contract Compliance Programs (OFCCP)
_______________________________________________________________________
204. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS
AND SUBCONTRACTORS: EVALUATION OF RECRUITMENT AND PLACEMENT RESULTS
UNDER SECTION 503
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 706 and 793; EO 11758 (3 CFR 1971 to 1975 Comp
p 841)
CFR Citation: 41 CFR 60-741
Legal Deadline: None
Abstract: This Advance Notice of Proposed Rulemaking (ANPRM) seeks
information regarding 41 CFR parts 60 to 741. In particular, the ANPRM
invites public comments in respect to improving employment
opportunities for individuals with disabilities. Further, the ANPRM
will request information on how Federal contractors and subcontractors
can conduct more substantive analyses and fully monitor their
recruitment and placement efforts on behalf of individuals with
disabilities.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 12/00/10
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Sandra M. Dillon, Deputy Director, Division of Policy,
Planning and Program Development, Department of Labor, Office of
Federal Contract Compliance Programs, 200 Constitution Avenue NW.,
N3422, Washington, DC 20210
Phone: 202 693-0102
Email: [email protected]
Related RIN: Previously reported as 1215-AB77
RIN: 1250-AA02
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Office of Federal Contract Compliance Programs (OFCCP)
_______________________________________________________________________
205. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS
AND SUBCONTRACTORS; EVALUATION OF RECRUITMENT AND PLACEMENT RESULTS
UNDER THE VEVRAA OF 1974, AS AMENDED
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 793; 38 USC 4211 (2001) (amended 2002); 38 USC
4212 (2001) (amended 2002); EO 11758 (3 CFR 1971 to 1975 Comp, p 841)
CFR Citation: 41 CFR 60-250 and 60-300
Legal Deadline: None
Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the
regulations in 41 CFR parts 60-250 and 60-300, implementing the
nondiscrimination and affirmative action provisions of VEVRAA. This
NPRM would strengthen the affirmative action requirements for Federal
contractors and subcontractors. The NPRM would amend the regulations to
require that Federal contractors and subcontractors conduct more
substantive analyses of recruitment and placement actions taken under
VEVRAA and would require the use of numerical targets to measure the
effectiveness of affirmative action efforts. The NPRM would also make
revisions to recordkeeping requirements.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/10
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Sandra M. Dillon, Deputy Director, Division of Policy,
Planning and Program Development, Department of Labor, Office of
Federal Contract Compliance Programs, 200 Constitution Avenue NW.,
N3422, Washington, DC 20210
Phone: 202 693-0102
Email: [email protected]
Related RIN: Previously reported as 1215-AB80
RIN: 1250-AA00
_______________________________________________________________________
206. CONSTRUCTION CONTRACTOR AFFIRMATIVE ACTION REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246,
as amended; 30 FR 12319; 32 FR 14303, as amended by EO 12086
CFR Citation: 41 CFR 60-1; 41 CFR 60-4
Legal Deadline: None
Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the
regulations in 41 CFR parts 60-1 and 60-4 implementing the affirmative
action requirements of Executive Order 11246 that are applicable to
Federal and federally assisted construction contractors. This NPRM
would remove outdated regulatory provisions and
[[Page 21828]]
update the provisions in the regulations that set forth the actions
construction contractors are required to take to implement their
affirmative action obligations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/00/11
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Sandra M. Dillon, Deputy Director, Division of Policy,
Planning and Program Development, Department of Labor, Office of
Federal Contract Compliance Programs, 200 Constitution Avenue NW.,
N3422, Washington, DC 20210
Phone: 202 693-0102
Email: [email protected]
Related RIN: Previously reported as 1215-AB81
RIN: 1250-AA01
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Office of Labor Management Standards (OLMS)
_______________________________________________________________________
207. INTERNET BALLOTING IN UNION OFFICER ELECTIONS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 481 and 482
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Department intends to publish a Request for Information
regarding the application of title IV of the Labor-Management Reporting
and Disclosure Act (LMRDA) in the context of Internet balloting in
union officer elections.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 11/00/10
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
URL For More Information:
www.olms.dol.gov
URL For Public Comments:
www.regulations.gov
Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and
Standards, Office of Labor-Management Standards, Department of Labor,
Office of Labor Management Standards, 200 Constitution Avenue NW., FP
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]
Related RIN: Previously reported as 1215-AB84
RIN: 1245-AA04
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Office of Labor Management Standards (OLMS)
_______________________________________________________________________
208. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORT (FORM LM-30)
Priority: Other Significant
Legal Authority: 29 USC 432 and 438
CFR Citation: 29 CFR 404
Legal Deadline: None
Abstract: The Department intends to review questions of law and policy
within the recently published changes to the Form LM-30. The Form LM-30
(Labor Organization Officer and Employee Report) is required by the
LMRDA. The purpose of the Form, among others, is to identify potential
conflicts of interest between the labor organization officials and
their labor organization.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and
Standards, Office of Labor-Management Standards, Department of Labor,
Office of Labor Management Standards, 200 Constitution Avenue NW., FP
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]
Related RIN: Previously reported as 1215-AB74
RIN: 1245-AA01
_______________________________________________________________________
209. FORM T-1: REPORTS BY LABOR ORGANIZATIONS ON RELATED ORGANIZATIONS;
REPORTING BY PUBLIC SECTOR INTERMEDIATE UNIONS
Priority: Other Significant
Legal Authority: 29 USC 438
CFR Citation: 29 CFR 403
Legal Deadline: None
Abstract: On October 2, 2008, the Department published a final rule
establishing a Form T-1, Trust Annual Report, which certain labor
organizations must file to disclose financial information regarding
trusts in which they are interested pursuant to the Labor-Management
Reporting and Disclosure Act (LMRDA). This rulemaking would propose to
rescind the Form T-1. It would instead propose that filers of Form LM-
2, Labor Organization Annual Report, report on their wholly owned,
wholly controlled and wholly financed organizations (``subsidiary
organizations'') on their Form LM-2 report. Additionally, the
rulemaking would propose to change an interpretation of the LMRDA
regarding intermediate bodies. The proposed revised interpretation
would state that intermediate bodies are covered only if they are
themselves composed, in whole or part, of private sector affiliates.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 02/02/10 75 FR 5456
[[Page 21829]]
NPRM Comment Period End 04/05/10
Final Action 12/00/10
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Organizations
Government Levels Affected: None
Additional Information: Per DOL this RIN was transferred from 1215-
AB75.
Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and
Standards, Office of Labor-Management Standards, Department of Labor,
Office of Labor Management Standards, 200 Constitution Avenue NW., FP
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]
Related RIN: Previously reported as 1215-AB75
RIN: 1245-AA02
_______________________________________________________________________
210. PERSUADER AGREEMENTS: EMPLOYER AND LABOR CONSULTANT REPORTING UNDER
THE LMRDA
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 433; 29 USC 438
CFR Citation: 29 CFR 405; 29 CFR 406
Legal Deadline: None
Abstract: The Department intends to publish notice and comment
rulemaking seeking consideration of a revised interpretation of section
203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA).
That statutory provision creates an ``advice'' exemption from reporting
requirements that apply to employers and other persons in connection
with persuading employees about the right to organize and bargain
collectively. A proposed revised interpretation would narrow the scope
of the advice exemption.
Statement of Need: The Department of Labor is proposing a regulatory
initiative to better implement the public disclosure objectives of the
Labor-Management Reporting and Disclosure Act (LMRDA) regarding
employer-consultant agreements to persuade employees concerning their
rights to organize and bargain collectively. Under LMRDA section 203,
an employer must report any agreement or arrangement with a third party
consultant to persuade employees as to their collective bargaining
rights or to obtain certain information concerning the activities of
employees or a labor organization in connection with a labor dispute
involving the employer. The consultant also is required to report
concerning such an agreement or arrangement with an employer. Statutory
exceptions to these reporting requirements are set forth in LMRDA
section 203(c), which provides, in part, that employers and consultants
are not required to file a report by reason of the consultant's giving
or agreeing to give ``advice'' to the employer. The Department believes
that its current policy concerning the scope of the ``advice
exception'' is overbroad and that a narrower construction would better
allow for the employer and consultant reporting intended by the LMRDA.
Regulatory action is needed to provide workers with information
critical to their effective participation in the workplace.
Summary of Legal Basis: This proposed rulemaking is authorized under
U.S.C. sections 433 and 438 and applies to regulations at 29 CFR part
405 and 29 CFR part 406.
Alternatives: Alternatives will be developed and considered in the
course of notice and comment rulemaking.
Anticipated Cost and Benefits: Anticipated costs and benefits of this
proposed regulatory initiative have not been assessed and will be
determined at a later date, as appropriate.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/00/10
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
URL For More Information:
www.olms.dol.gov
URL For Public Comments:
www.regulations.gov
Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and
Standards, Office of Labor-Management Standards, Department of Labor,
Office of Labor Management Standards, 200 Constitution Avenue NW., FP
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]
Related RIN: Previously reported as 1215-AB79
RIN: 1245-AA03
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Office of Labor Management Standards (OLMS)
_______________________________________________________________________
211. NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS
Priority: Other Significant
Legal Authority: EO 13496
CFR Citation: 29 CFR 471
Legal Deadline: None
Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the
Department of Labor's Employment Standards Administration proposes to
prescribe the size, form, and content of the notice to be posted by a
contractor under paragraph 1 of the contract clause described in
section 2 of the order. Such notice shall describe the rights of
employees under Federal labor laws, consistent with the policy set
forth in section 1 of the order.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/03/09 74 FR 38488
NPRM Comment Period End 09/02/09
Final Action 06/00/10
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
[[Page 21830]]
Additional Information: Per DOL, this RIN was transferred from 1215-
AB70.
Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and
Standards, Office of Labor-Management Standards, Department of Labor,
Office of Labor Management Standards, 200 Constitution Avenue NW., FP
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]
Related RIN: Previously reported as 1215-AB70
RIN: 1245-AA00
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Office of Worker's Compensation Program (OWCP)
_______________________________________________________________________
212. DEFENSE BASE ACT WAIVERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1651(e)
CFR Citation: 20 CFR 704
Legal Deadline: None
Abstract: The Defense Base Act (DBA), 42 U.S.C. section 1651 et seq.,
provides workers' compensation benefits for civilian employees of U.S.
Government contractors injured or killed while working overseas. The
DBA authorizes the Secretary of Labor to waive application of the DBA
in any contract, subcontract, location, or class of employees upon the
recommendation of the head of any department or agency of the U.S.
Government. 42 U.S.C. section 1651(e). Over the years, DOL has granted
a variety of waivers without any published rules. This proposed
regulation would clarify the procedures for agencies to request
waivers, including who may request a waiver, the format of a waiver
request, and the supporting information required. The regulation would
also explain DOL's procedures for reviewing and granting a waiver,
including the factors DOL considers in granting a waiver and the
conditions and limitations of any waiver granted.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/11
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Federal
Agency Contact: Michael Niss, Director, Division of Longshore and
Harbor Workers' Compensation, OWCP, Department of Labor, Office of
Worker's Compensation Program, 200 Constitution Avenue NW., FP
Building, Room C-4315, Washington, DC 20210
Phone: 202 693-0038
Fax: 202 693-1380
Email: [email protected]
Related RIN: Previously reported as 1215-AB72
RIN: 1240-AA01
_______________________________________________________________________
213. REGULATIONS IMPLEMENTING THE LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT: RECREATIONAL VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 939
CFR Citation: 20 CFR 701
Legal Deadline: None
Abstract: The American Recovery and Reinvestment Act of 2009 amended
the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 to
950, to exclude from the Act's coverage certain employees who repair
recreational vessels and who dismantle them for repair, regardless of
the vessel's length. To implement this amendment, the Department
anticipates proposing a rule that addresses the definition of
recreational vessel, coverage of those employees who work in both
covered employment and employment excluded under the amendment, and the
interplay between State workers' compensation coverage and Longshore
Act coverage for those who repair recreational vessels and who
dismantle them for repair.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/10
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Michael Niss, Director, Division of Longshore and
Harbor Workers' Compensation, OWCP, Department of Labor, Office of
Worker's Compensation Program, 200 Constitution Avenue NW., FP
Building, Room C-4315, Washington, DC 20210
Phone: 202 693-0038
Fax: 202 693-1380
Email: [email protected]
Related RIN: Previously reported as 1215-AB73
RIN: 1240-AA02
_______________________________________________________________________
214. CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION
ACT
Priority: Other Significant
Legal Authority: 5 USC 8149
CFR Citation: 20 CFR 1; 20 CFR 10; 20 CFR 25
Legal Deadline: None
Abstract: ESA's Office of Workers' Compensation Programs (OWCP) plans
to issue new regulations to update its organizational description to
reflect the reorganization that will transform OWCP into a stand-alone
organization reporting directly to the Office of the Secretary of
Labor. OWCP administers four major disability compensation programs
that provide wage replacement benefits, medical treatment, vocational
rehabilitation and other benefits (such as survivors' benefits) to
certain workers who experience work-related injury or occupational
disease.
The Federal Employees' Compensation Act (FECA) provides workers'
compensation benefits to Federal workers for employment-related
injuries and occupational diseases as well as survivor benefits for a
covered employee's employment-related death. OWCP plans to update its
regulations governing administration of claims under the FECA. The last
comprehensive update of the FECA regulations was undertaken more than
10 years ago. Since that time a number of improvements have been made
to OWCP's processing of claims. The regulations will be revised to
reflect those changes and to incorporate new procedures that will
enhance OWCP's
[[Page 21831]]
ability to administer FECA. Changes to the regulations will facilitate
the return to work of injured workers who are able to work by such
measures as increasing the opportunity for vocational rehabilitation.
Revisions to the regulations will also enhance OWCP's ability to
efficiently provide sufficient income and medical care for those who
are unable to work. The planned regulatory changes will better explain
the increased automation of the medical billing process; reflect
changes in procedure, such as FECA's centralized mail processing; and
also codify changes in case law affecting FECA claims administration.
OWCP also plans to modernize the provision of compensation for
employees situated overseas who are neither citizens nor residents of
the United States to reflect current realities in regard to such
employees. The regulations will also be revised to reflect a recent
statutory change to the FECA moving the 3-day waiting period before
qualifying for wage-loss compensation for employees of the Postal
Service.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Douglas Fitzgerald, Director, Division of Federal
Employees' Compensation, Office of Workers' Compensation Programs,
Department of Labor, Office of Worker's Compensation Program, 200
Constitution Avenue NW., FP Building, Room S-3229, Washington, DC 20210
Phone: 202 693-0040
Fax: 202 693-1497
Email: [email protected]
Related RIN: Previously reported as 1215-AB83
RIN: 1240-AA03
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Office of Worker's Compensation Program (OWCP)
_______________________________________________________________________
215. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES
Priority: Other Significant
Legal Authority: PL 110-181 National Defense Authorization Act for FY
2008
CFR Citation: 20 CFR 10.900 et al
Legal Deadline: None
Abstract: The National Defense Authorization Act for FY 2008, which was
signed in to law on January 28, 2008, resulted in the creation of a new
section of the Federal Employees' Compensation Act. This section
establishes a death gratuity payment of up to $100,000 for federal
employees who die of injuries incurred in connection with the
employee's service with an armed force in a contingency operation. This
bill also contains a provision for retroactivity for employees who died
on or after October 7, 2001.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 08/18/09 74 FR 41617
Interim Final Rule Effective 08/18/09
Interim Final Rule Comment
Period End 10/19/09
Final Action 04/00/10
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jennifer Valdivieso, Acting Chief, Branch of
Regulations and Procedures, Division of Federal Employees Compensation,
Department of Labor, Office of Worker's Compensation Program, 400 West
Bay Street, Room 826, Jacksonville, FL 32202
Phone: 904 357-4754
Fax: 904 357-4779
Email: [email protected]
Related RIN: Previously reported as 1215-AB66
RIN: 1240-AA00
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Wage and Hour Division (WHD)
_______________________________________________________________________
216. NONDISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACTS
Priority: Other Significant
Legal Authority: EO 13495, sec 4 to 6; 5 USC 301
CFR Citation: 29 CFR 9
Legal Deadline: None
Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of
Qualified Workers Under Service Contracts, establishes the policy that
Federal service contracts generally include a clause requiring the
contractor and its subcontractors, under a contract that succeeds a
contract for the same or similar service at the same location, to offer
qualified employees (except managerial and supervisory personnel)
employed on the predecessor contract a right of first refusal to
employment under the successor contract. The order assigns enforcement
responsibility to the Secretary of Labor and directs the Secretary, in
consultation with the Federal Acquisition Regulatory Council, to issue
regulations to implement the order.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/19/10 75 FR 13382
NPRM Comment Period End 05/18/10
Final Action 12/00/10
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal
Agency Contact: Timothy Helm, Government Contracts Branch Chief,
Division of Enforcement Policy, Department of Labor, 200 Constitution
Avenue NW., Room S-3502, FP Building, Washington, DC 20210
[[Page 21832]]
Phone: 202 693-0064
Fax: 202 693-1387
Related RIN: Previously reported as 1215-AB69
RIN: 1235-AA02
_______________________________________________________________________
217. THE FAMILY AND MEDICAL LEAVE ACT OF 1993, AS AMENDED
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 2654
CFR Citation: 29 CFR 825
Legal Deadline: None
Abstract: DOL will propose regulatory changes to implement the National
Defense Authorization Act for FY 2010, which further expanded the
existing military leave provisions; and the Airline Flight Crew
Technical Corrections Act, which expanded FMLA eligibility requirements
to include airline flight crews.
Statement of Need: The FMLA requires covered employers to grant
eligible employees up to 12 work weeks of unpaid, job-protected leave a
year for specified family and medical reasons, and to maintain group
health benefits during the leave as if the employees continued to work
instead of taking leave. When an eligible employee returns from FMLA
leave, the employer must restore the employee to the same or an
equivalent job with equivalent pay, benefits, and other conditions of
employment. FMLA makes it unlawful for an employer to interfere with,
restrain, or deny the exercise of any right provided by the FMLA. The
President signed the National Defense Authorization Act for FY 2010 and
the Airline Flight Crew Technical Corrections Act on October 28, 2009,
and December 21, 2009, respectively. The Department is reviewing the
implementation of these statutory amendments and other revisions of the
current regulations.
Summary of Legal Basis: These regulations are authorized by section 404
of the Family and Medical Leave Act, 29 U.S.C. 2654.
Alternatives: After completing a review of the implementation of the
recent statutory amendments to the FMLA regulatory alternatives will be
developed for notice-and-comment rulemaking.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits of this initiative will be determined once
regulatory alternatives are developed.
Risks: This rulemaking action does not directly affect risks to public
health, safety, or the environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/00/10
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Local, State, Tribal
Federalism: Undetermined
Agency Contact: Helen Applewhaite, Family and Medical Leave Act Branch
Chief, Division of Enforcement Policy, Department of Labor, 200
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 693-0066
Fax: 202 693-1387
Related RIN: Previously reported as 1215-AB76
RIN: 1235-AA03
_______________________________________________________________________
218. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 211(c)
CFR Citation: 29 CFR 516
Legal Deadline: None
Abstract: The Department of Labor proposes to update the recordkeeping
regulations under the Fair Labor Standards Act in order to enhance the
transparency and disclosure to workers of how their pay is computed,
and to modernize other recordkeeping requirements for employees under
``telework'' and ``flexiplace'' arrangements.
Statement of Need: The recordkeeping regulation issued under the Fair
Labor Standards Act (FLSA), 29 CFR part 516, specifies the scope and
manner of records covered employers must keep that demonstrate
compliance with minimum wage, overtime, and child labor requirements
under the FLSA, or the records to be kept that confirm particular
exemptions from some of the Act's requirements may apply. This proposal
intends to update the recordkeeping requirements to foster more
openness and transparency in demonstrating employers' compliance with
applicable requirements to their workers, to better ensure compliance
by regulated entities, and to assist in enforcement. In addition, the
proposal intends to update the recordkeeping requirements applicable to
certain domestic employees and to modernize the requirements,
consistent with the increasing emphasis on flexiplace and
telecommuting, to allow for automated or electronic recordkeeping
systems instead of the mandatory manual preparation of ``homeworker''
handbooks currently required for all work that an employee may perform
in the home.
Summary of Legal Basis: These regulations are authorized by section 11
of the Fair Labor Standards Act, 29 U.S.C. 211.
Alternatives: Alternatives will be developed in considering proposed
revisions to the current recordkeeping requirements. The public will be
invited to provide comments on the proposed revisions and possible
alternatives.
Anticipated Cost and Benefits: Preliminary estimates of anticipated
costs and benefits of this regulatory initiative have not been
determined at this time and will be determined at a later date as
appropriate.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Local, State, Tribal
Federalism: Undetermined
Agency Contact: Montaniel Navarro, Fair Labor Standards Act Branch
Chief, Division of Enforcement Policy, Department of Labor, Wage and
Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building,
Washington, DC 20210
Phone: 202 693-0067
Fax: 202 693-1387
Related RIN: Previously reported as 1215-AB78
RIN: 1235-AA04
[[Page 21833]]
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Wage and Hour Division (WHD)
_______________________________________________________________________
219. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT
Priority: Other Significant
Legal Authority: 29 USC 201 et seq; PL 104-188, sec 2101 to 2105
CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 778 to 780; 29 CFR 785 to
786; 29 CFR 790
Legal Deadline: None
Abstract: Small Business Job Protection Act of 1996 (H.R. 3448) enacted
on August 20, 1996 (Pub. L. 104-188, title II), amended the Portal-to-
Portal Act (PA) and the Fair Labor Standards Act (FLSA). The U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Pub. L. 110-28) also amended the FLSA by
increasing the minimum wage in three steps: to $5.85 per hour effective
July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25
per hour effective July 24, 2009. Changes will be required in the
regulations to reflect these amendments. Other updates will address
needed clarifications to additional sections of the regulations,
including sections affected by Public Law 106-151, section 1 (Dec. 9,
1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2000), 114 Stat.
308.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/28/08 73 FR 43654
NPRM Comment Period End 09/11/08
NPRM Comment Period Extended 08/22/08 73 FR 49621
Final Action 06/00/10
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal, Local, State
URL For Public Comments:
www.regulations.gov
Agency Contact: Montaniel Navarro, Fair Labor Standards Act Branch
Chief, Division of Enforcement Policy, Department of Labor, Wage and
Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building,
Washington, DC 20210
Phone: 202 693-0067
Fax: 202 693-1387
Related RIN: Previously reported as 1215-AB13
RIN: 1235-AA00
_______________________________________________________________________
220. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION
Priority: Other Significant
Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)
CFR Citation: 29 CFR 570
Legal Deadline: None
Abstract: The Department of Labor continues to review the Fair Labor
Standards Act child labor provisions to ensure that the implementing
regulations provide job opportunities for working youth that are
healthy and safe and not detrimental to their education, as required by
the statute (29 U.S.C. sections 203(l), 212(c), 213(c), and 216(e)).
This final rule will update the regulations to reflect statutory
amendments enacted in 2004, and will propose, among other updates,
revisions to address several recommendations of the National Institute
for Occupational Safety and Health (NIOSH) in its 2002 report to the
Department of Labor on the child labor Hazardous Occupations Orders
(HOs) (available at http://www.youthrules.dol.gov/resources.htm).
Statement of Need: The Fair Labor Standards Act (FLSA) requires the
Secretary of Labor to issue regulations on the employment of minors
between 14 and 16 years of age, ensuring that the periods and
conditions of their employment do not interfere with their schooling,
health, or well-being, and to designate occupations that are
particularly hazardous for minors 16 and 17 years of age. Child Labor
Regulation No. 3 sets forth the permissible industries and occupations
in which 14- and 15-year-olds may be employed and specifies the number
of hours in a day and in a week and time periods within a day that such
minors may be employed. Updating the child labor regulations issued
under the FLSA will help meet the challenge of ensuring good jobs that
are safe, healthy, and fair for the Nation's working youth, while
balancing their educational needs with job-related experiences that are
safe. Updated child labor regulations that better address the safety
needs of today's workplaces will ensure our young workers have
permissible job opportunities that are safe, enhancing their
opportunities to gain the skills to find and hold good jobs with the
potential to increase their earnings over time. Ensuring safe and
reasonable work hours for working youth will also ensure that top
priority is given to their education, consistent with the purposes of
the statute.
Summary of Legal Basis: These regulations are issued pursuant to
sections 3(1), 11, 12, and 13 of the Fair Labor Standards Act, 29
U.S.C. 203(1), 211, 121, and 213.
Alternatives: When developing regulatory alternatives in the analysis
of recommendations of the National Institute for Occupational Safety
and Health in its 2002 report to the Department on the child labor
hazardous occupations orders and other proposals, the Department has
focused on assuring healthy, safe, and fair workplaces for young
workers that are not detrimental to their education, as required by the
statute. Some of the regulatory alternatives were developed based on
recent legislative amendments.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits of this rulemaking initiative indicated it was not
economically significant. Benefits to the public, including employers
and workers, will include safer working conditions and the avoidance of
injuries and lost productivity involving young workers.
Risks: The Department's child labor regulations, by ensuring that
permissible job opportunities for working youth are safe and healthy
and not detrimental to their education, produce positive benefits by
reducing health-related and lost-productivity costs employers might
otherwise incur from higher accident and injury rates to young and
inexperienced workers. Because of the limited nature of the regulatory
revisions contemplated under this initiative, a detailed assessment of
the magnitude of risk was not prepared.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/17/07 72 FR 19337
NPRM Comment Period End 07/16/07
Final Action 04/00/10
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions
[[Page 21834]]
Government Levels Affected: Local, State
Agency Contact: Arthur M. Kerschner, Child Labor and Special Employment
Branch Chief, Division of Enforcement Policy, Department of Labor, 200
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 693-0072
Fax: 202 693-1387
Related RIN: Previously reported as 1215-AB57
RIN: 1235-AA01
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Wage and Hour Division (WHD)
_______________________________________________________________________
221. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO
DOMESTIC SERVICE
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 213 (a)(15); 29 USC 213 (b)(21)
CFR Citation: 29 CFR 552
Legal Deadline: None
Abstract: Fair Labor Standards Act (FLSA) section 13(a)(15) provides an
exemption from minimum wage and overtime compensation for domestic
employees engaged in providing companionship services. FLSA section
13(b)(21) provides an exemption from overtime compensation for live-in
domestic employees. In light of significant changes in the home care
industry, the DOL is proposing to update regulations at 29 CFR part
552, Application of the FLSA to Domestic Service, including examining
the definition of ``companionship services,'' the criteria used to
judge whether employees qualify as trained personnel who are not exempt
companions, and the applicability of the exemption to third party
employers.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/00/11
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Federal, Local, State
Additional Information: Previously reported as 1215-AB85.
Agency Contact: Montaniel Navarro, Fair Labor Standards Act Branch
Chief, Division of Enforcement Policy, Department of Labor, Wage and
Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building,
Washington, DC 20210
Phone: 202 693-0067
Fax: 202 693-1387
RIN: 1235-AA05
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Employment Standards Administration (ESA)
_______________________________________________________________________
222. NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Transferred to RIN 1245-AA00 03/02/10
RIN: 1215-AB70
_______________________________________________________________________
223. FORM T-1: REPORTS BY LABOR ORGANIZATIONS ON RELATED ORGANIZATIONS;
REPORTING BY PUBLIC SECTOR INTERMEDIATE UNIONS
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Transferred to RIN 1245-AA02 03/02/10
RIN: 1215-AB75
_______________________________________________________________________
224. PERSUADER AGREEMENTS: EMPLOYER AND LABOR CONSULTANT REPORTING UNDER
THE LMRDA
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Transferred to RIN 1245-AA03 03/02/10
RIN: 1215-AB79
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
225. AMENDMENT OF REGULATION RELATING TO DEFINITION OF PLAN ASSETS--
PARTICIPANT CONTRIBUTIONS
Legal Authority: 29 USC 1135
Abstract: This rulemaking will amend the regulation that defines when
participant moneys paid to or withheld by an employer for contribution
to an employee benefit plan constitute ``plan assets'' for purposes of
title I of ERISA and the related prohibited transaction provisions of
the Internal Revenue Code. The regulation contains an amendment to the
current regulation that will establish a safe harbor period of a
specified number of business days during which certain moneys that a
participant pays to, or has withheld by, an employer for contribution
to a plan would not constitute ``plan assets.''
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 02/29/08 73 FR 11072
NPRM Comment Period End 04/29/08
Final Action 01/14/10 75 FR 2068
Final Action Effective 01/14/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary
[[Page 21835]]
Interpretations, Department of Labor, Employee Benefits Security
Administration, 200 Constitution Avenue NW., FP Building, Room N-5655,
Washington, DC 20210
Phone: 202 693-8510
Fax: 202 219-7291
RIN: 1210-AB02
_______________________________________________________________________
226. PARTICIPANT CONTRIBUTIONS 610 REGULATION REVIEW (COMPLETION OF A
SECTION 610 REVIEW)
Legal Authority: 29 USC 1135
Abstract: EBSA has determined that the plan assets-participant
contribution regulation under 29 CFR 2510.3-102 does not have a
significant economic impact on a substantial number of small entities
within the meaning of section 610(a) of the Regulatory Flexibility Act
(RFA). Accordingly, a substantive review thereof is not required by
section 610(b) of the RFA.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 03/01/06
End Review 02/26/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Melissa R. Dennis, Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N-5655, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
RIN: 1210-AB11
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
227. OCCUPATIONAL EXPOSURE TO BERYLLIUM
Legal Authority: 29 USC 655(b); 29 USC 657
Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency
temporary standard by the United Steel Workers (formerly the Paper
Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen
Health Research Group, and others. The Agency denied the petitions but
stated its intent to begin data gathering to collect needed information
on beryllium's toxicity, risks, and patterns of usage.
On November 26, 2002, OSHA published a Request for Information (RFI)
(67 FR 70707) to solicit information pertinent to occupational exposure
to beryllium including: current exposures to beryllium; the
relationship between exposure to beryllium and the development of
adverse health effects; exposure assessment and monitoring methods;
exposure control methods; and medical surveillance. In addition, the
Agency conducted field surveys of selected work sites to assess current
exposures and control methods being used to reduce employee exposures
to beryllium. OSHA convened a Small Business Advocacy Review Panel
under the Small Business Regulatory Enforcement Fairness Act (SBREFA)
and completed the SBREFA Report in January 2008. OSHA is currently
conducting a scientific peer review of its draft risk assessment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 11/26/02 67 FR 70707
SBREFA Report Completed 01/23/08
Initiated Peer Review of Health
Effects and Risk Assessment 03/22/10
Complete Peer Review 11/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]
RIN: 1218-AB76
_______________________________________________________________________
228. METHYLENE CHLORIDE (SECTION 610 REVIEW)
Legal Authority: 5 USC 553; 5 USC 610; 29 USC 655(b)
Abstract: OSHA will undertake a review of the Methylene Chloride
Standard (29 CFR 1910.1052) in accordance with the requirements of the
Regulatory Flexibility Act and section 5 of Executive Order 12866. The
review will consider the continued need for the rule; whether the rule
overlaps, duplicates, or conflicts with other Federal, State, or local
regulations; and the degree to which technology, economic conditions,
or other factors may have changed since the rule was evaluated.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 12/01/06
Request for Comments 07/10/07 72 FR 37501
Comment Period End 10/09/07
Reopen Comment Period 01/08/08 73 FR 1299
Comment Period End 03/10/08
End Review 04/00/10
Regulatory Flexibility Analysis Required: No
Agency Contact: John Smith, Directorate of Evaluation and Analysis,
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue NW., FP Building, Room N-3641, Washington, DC 20210
Phone: 202 693-2400
Fax: 202 693-1641
Email: [email protected]
RIN: 1218-AC23
_______________________________________________________________________
229. OCCUPATIONAL EXPOSURE TO DIACETYL AND FOOD FLAVORINGS CONTAINING
DIACETYL
Legal Authority: 29 USC 655(b); 29 USC 657
Abstract: On July 26, 2006, the United Food and Commercial Workers
International Union (UFCW) and the International Brotherhood of
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard
(ETS) for all employees exposed to diacetyl, a major component in
artificial butter flavoring. Diacetyl and a number of other volatile
[[Page 21836]]
organic compounds are used to manufacture artificial butter food
flavorings. These food flavorings are used by various food
manufacturers in a multitude of food products including microwave
popcorn, certain bakery goods, and some snack foods. OSHA denied the
petition on September 25, 2007, but has initiated 6(b) rulemaking.
Evidence from NIOSH and other sources indicated that employee exposure
to diacetyl and food flavorings containing diacetyl is associated with
bronchiolitis obliterans, a debilitating and potentially fatal disease
of the small airways in the lung. Severe obstructive airway disease has
been observed in the microwave popcorn industry and in food flavoring
manufacturing plants. Experimental evidence has shown that inhalation
exposure to artificial butter flavoring vapors and diacetyl damaged
tissue lining, the nose, and airways of rats and mice. OSHA published
an Advanced Notice of Proposed Rulemaking (ANPRM) on January 21, 2009,
but withdrew the ANPRM on March 17, 2009, in order to facilitate timely
development of a standard. The Agency subsequently initiated review of
the draft proposed standard in accordance with the Small Business
Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report
was completed on July 2, 2009. The next step will be for OSHA to
conduct a scientific peer review of its draft risk assessment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Stakeholder Meeting 10/17/07 72 FR 54619
ANPRM 01/21/09 74 FR 3937
ANPRM Withdrawn 03/17/09 74 FR 11329
ANPRM Comment Period End 04/21/09
Completed SBREFA Report 07/02/09
Initiate Peer Review of Health
Effects and Risk Assessment 10/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]
RIN: 1218-AC33
_______________________________________________________________________
230. BLOODBORNE PATHOGENS (610 REVIEW) (SECTION 610 REVIEW)
Legal Authority: 5 USC 533; 5 USC 610; 29 USC 655(b)
Abstract: OSHA will undertake a review of the Bloodborne Pathogen
Standard (29 CFR 1910.1030) in accordance with the requirements of the
Regulatory Flexibility Act and section 5 of Executive Order 12866. The
review will consider the continued need for the rule; whether the rule
overlaps, duplicates, or conflicts with other Federal, State or local
regulations; and the degree to which technology, economic conditions,
or other factors may have changed since the rule was evaluated.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 10/22/09
Request for Comments 04/00/10
Regulatory Flexibility Analysis Required: No
Agency Contact: John Smith, Directorate of Evaluation and Analysis,
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue NW., FP Building, Room N-3641, Washington, DC 20210
Phone: 202 693-2400
Fax: 202 693-1641
Email: [email protected]
RIN: 1218-AC34
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
231. CONFINED SPACES IN CONSTRUCTION
Legal Authority: 29 USC 655(b); 40 USC 333
Abstract: In January 1993, OSHA issued a general industry rule to
protect employees who enter confined spaces (29 CFR 1910.146). This
standard does not apply to the construction industry because of
differences in the nature of the worksite in the construction industry.
In discussions with the United Steel Workers of America on a settlement
agreement for the general industry standard, OSHA agreed to issue a
proposed rule to extend confined-space protection to construction
workers appropriate to their work environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Panel Report 11/24/03
NPRM 11/28/07 72 FR 67351
NPRM Comment Period End 01/28/08
NPRM Comment Period Extended 02/28/08 73 FR 3893
Public Hearing 07/22/08
Close Record 10/23/08
Analyze Comments 10/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Bill Parsons, Acting Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Room N-3468,
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AB47
_______________________________________________________________________
232. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA
Legal Authority: 29 USC 655(b); 29 USC 657
Abstract: Crystalline silica is a significant component of the earth's
crust, and many workers in a wide range of industries are exposed to
it, usually in the form of respirable quartz or, less frequently,
cristobalite. Chronic silicosis is a uniquely occupational disease
resulting from exposure of employees over long periods of time (10
years or more). Exposure to high levels of respirable crystalline
silica causes acute or accelerated forms of silicosis that are
ultimately fatal. The current OSHA permissible exposure
[[Page 21837]]
limit (PEL) for general industry is based on a formula recommended by
the American Conference of Governmental Industrial Hygienists (ACGIH)
in 1971 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The
current PEL for construction and maritime (derived from ACGIH's 1962
Threshold Limit Value) is based on particle counting technology, which
is considered obsolete. NIOSH and ACGIH recommend 50[micro]g/m3 and
25[micro]g/m3 exposure limits, respectively, for respirable crystalline
silica.
Both industry and worker groups have recognized that a comprehensive
standard for crystalline silica is needed to provide for exposure
monitoring, medical surveillance, and worker training. The American
Society for Testing and Materials has published a recommended standard
for addressing the hazards of crystalline silica. The Building
Construction Trades Department of the AFL-CIO has also developed a
recommended comprehensive program standard. These standards include
provisions for methods of compliance, exposure monitoring, training,
and medical surveillance. OSHA is currently developing a NPRM.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Completed SBREFA Report 12/19/03
Initiated Peer Review of Health
Effects and Risk Assessment 05/22/09
Completed Peer Review 01/24/10
NPRM 02/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]
RIN: 1218-AB70
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
233. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE
EQUIPMENT
Legal Authority: 29 USC 655(b); 40 USC 333
Abstract: Electrical hazards are a major cause of occupational death in
the United States. The annual fatality rate for power line workers is
about 50 deaths per 100,000 employees. The construction industry
standard addressing the safety of these workers during the construction
of electric power transmission and distribution lines is over 35 years
old. OSHA has developed a revision of this standard that will prevent
many of these fatalities, add flexibility to the standard, and update
and streamline the standard. OSHA also intends to amend the
corresponding standard for general industry so that requirements for
work performed during the maintenance of electric power transmission
and distribution installations are the same as those for similar work
in construction. In addition, OSHA will be revising a few miscellaneous
general industry requirements primarily affecting electric transmission
and distribution work, including provisions on electrical protective
equipment and foot protection. This rulemaking also addresses fall
protection in aerial lifts for work on power generation, transmission,
and distribution installations. OSHA published an NPRM on June 15,
2005. A public hearing was held March 6 to 14, 2006. OSHA reopened the
record to gather additional information on minimum approach distances
for specific ranges of voltages. The record was reopened a second time
to allow more time for comment and to gather information on minimum
approach distances for all voltages and on the newly revised Institute
of Electrical and Electronics Engineers consensus standard.
Additionally, a public hearing was held on October 28, 2009. The
posthearing comment period ended in February 2010. OSHA is currently
developing a final rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Report 06/30/03
NPRM 06/15/05 70 FR 34821
NPRM Comment Period End 10/13/05
Comment Period Extended to 01/
11/2006 10/12/05 70 FR 59290
Public Hearing To Be Held 03/06/
2006 10/12/05 70 FR 59290
Posthearing Comment Period End 07/14/06
Reopen Record 10/22/08 73 FR 62942
Comment Period End 11/21/08
Close Record 11/21/08
Second Reopening Record 09/14/09 74 FR 46958
Comment Period End 10/15/09
Public Hearings 10/28/09
Posthearing Comment Period End 02/10/10
Final Rule 02/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]
RIN: 1218-AB67
_______________________________________________________________________
234. CRANES AND DERRICKS IN CONSTRUCTION
Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333
Abstract: A number of industry stakeholders asked OSHA to update the
cranes and derricks portion of subpart N (29 CFR 1926.550),
specifically requesting that negotiated rulemaking be used.
In 2002, OSHA published a notice of intent to establish a negotiated
rulemaking committee. A year later, in 2003, committee members were
announced and the Cranes and Derricks
[[Page 21838]]
Negotiated Rulemaking Committee was established and held its first
meeting. In July 2004, the committee reached consensus on all issues
resulting in a final consensus document.
A Notice of Proposed Rulemaking (NPRM) was published on October 9,
2008. The comment period for the NPRM was extended and closed January
22, 2009. A public hearing was held on March 20, 2009. The final rule
is scheduled to be published in July 2010.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice of Intent To Establish
Negotiated Rulemaking 07/16/02 67 FR 46612
Comment Period End 09/16/02
Request for Comments on Proposed
Committee Members 02/27/03 68 FR 9036
Request for Comments Period End 03/31/03 68 FR 9036
Established Negotiated
Rulemaking Committee 06/12/03 68 FR 35172
Rulemaking Negotiations
Completed 07/30/04
SBREFA Report 10/17/06
NPRM 10/09/08 73 FR 59714
NPRM Comment Period Extended 12/02/08 73 FR 73197
NPRM Comment Period End 01/22/09
Public Hearing 03/20/09
Close Record 06/18/09
Final Rule 07/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Bill Parsons, Acting Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Room N-3468,
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AC01
[FR Doc. 2010-8938 Filed 04-23-10; 8:45 am]
BILLING CODE 4510-23-S