[May 27, 2003 (Volume 68, Number 101)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [Page 30552-30596] ----------------------------------------------------------------------- Part XIII Department of Labor ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 30552]] 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 twelve 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 May 2003 and May 2004, as well as those completed during the past six months. FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director for the 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 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. The Regulatory Flexibility Act became effective on January 1, 1981, and applies only to regulations for which a notice of proposed rulemaking was issued on or after that date. It 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. All interested members of the public are invited and encouraged to let departmental officials know how our regulatory efforts can be improved, and, of course, to participate in and comment on the review or development of the regulations listed on the agenda. Elaine L. Chao, Secretary of Labor. Office of the Secretary--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1756 Production or Disclosure of Information or Materials................................ 1290-AA17 ---------------------------------------------------------------------------------------------------------------- Employment Standards Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1757 Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive, 1215-AA14 Administrative, or Professional Capacity'' (ESA/W-H)................................ 1758 Affirmative Action and Nondiscrimination Obligations of Contractors and 1215-AB24 Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........ 1759 Family and Medical Leave Act of 1993................................................ 1215-AB35 1760 Requirements for Security of Insurance Obligations Under the Longshore and Harbor 1215-AB38 Workers' Compensation Act........................................................... ---------------------------------------------------------------------------------------------------------------- Employment Standards Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1761 Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)......... 1215-AA09 [[Page 30553]] 1762 Government Contractors: Nondiscrimination and Affirmative Action Obligations, 1215-AB28 Executive Order 11246 (ESA/OFCCP) (Revised)......................................... 1763 Labor Organization Annual Financial Reports......................................... 1215-AB34 1764 Affirmative Action and Nondiscrimination Obligations of Government Contractors, 1215-AB39 Executive Order 11246; Exemption for Religious Entities............................. 1765 Amendments to Title 20 Parts 718 and 725, that Implements the Black Lung Benefits 1215-AB40 Act................................................................................. ---------------------------------------------------------------------------------------------------------------- Employment Standards Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1766 Regulations To Implement the Federal Acquisition Streamlining Act of 1994........... 1215-AA96 1767 Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H- 1215-AB09 1B Visas in Specialty Occupations and as Fashion Models............................. 1768 Implementation of the 1996 Amendments to the Fair Labor Standards Act............... 1215-AB13 1769 Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase 1215-AB31 Programs Under the Fair Labor Standards Act......................................... 1770 Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights 1215-AB33 Concerning Payment of Union Dues or Fees............................................ ---------------------------------------------------------------------------------------------------------------- Employment Standards Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1771 Claims for Compensation Under the Energy Employees Occupational Illness Compensation 1215-AB32 Program Act of 2000, as Amended..................................................... ---------------------------------------------------------------------------------------------------------------- Employment and Training Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1772 Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure 1205-AB18 of Information in State UC Records.................................................. 1773 Senior Community Service Employment Program......................................... 1205-AB28 1774 Trade Adjustment Assistance for Workers............................................. 1205-AB32 ---------------------------------------------------------------------------------------------------------------- Employment and Training Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1775 Labor Certification Process for the Permanent Employment of Aliens in the United 1205-AA66 States.............................................................................. 1776 Indian and Native American Welfare-to-Work Program.................................. 1205-AB16 1777 Unemployment Compensation-Trust Fund Integrity Rule: Birth and Adoption Unemployment 1205-AB33 Compensation; Removal of Regulations................................................ ---------------------------------------------------------------------------------------------------------------- [[Page 30554]] Employment and Training Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1778 Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as 1205-AB27 Registered Nurses................................................................... ---------------------------------------------------------------------------------------------------------------- Employment and Training Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1779 Disaster Unemployment Assistance Program Amendment.................................. 1205-AB31 ---------------------------------------------------------------------------------------------------------------- Employee Benefits Security Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1780 Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage. 1210-AA60 1781 Default Rollover Safe Harbor........................................................ 1210-AA92 1782 Electronic Filing By Investment Advisers............................................ 1210-AA94 1783 Suspension of Benefits Regulation................................................... 1210-AA96 ---------------------------------------------------------------------------------------------------------------- Employee Benefits Security Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1784 Regulations Implementing the Health Care Access, Portability, and Renewability 1210-AA54 Provisions of the Health Insurance Portability and Accountability Act of 1996....... 1785 Mental Health Benefits Parity....................................................... 1210-AA62 1786 Health Care Standards for Mothers and Newborns...................................... 1210-AA63 1787 Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998............. 1210-AA75 1788 Prohibiting Discrimination Against Participants and Beneficiaries Based on Health 1210-AA77 Status.............................................................................. ---------------------------------------------------------------------------------------------------------------- Employee Benefits Security Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1789 Adequate Consideration.............................................................. 1210-AA15 ---------------------------------------------------------------------------------------------------------------- Employee Benefits Security Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1790 Definition of Collective Bargaining Agreement (ERISA Section 3(40))................. 1210-AA48 1791 Reporting Requirements for MEWAs Providing Medical Care Benefits.................... 1210-AA64 1792 Blackout Notice Regulation.......................................................... 1210-AA90 1793 Blackout Notice Civil Penalty....................................................... 1210-AA91 1794 Amendment of Procedural Regulations Under ERISA..................................... 1210-AA93 1795 Civil Monetary Penalty Adjustment Regulation........................................ 1210-AA95 ---------------------------------------------------------------------------------------------------------------- [[Page 30555]] Mine Safety and Health Administration--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1796 Focused Inspections................................................................. 1219-AB30 ---------------------------------------------------------------------------------------------------------------- Mine Safety and Health Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1797 Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance 1219-AB14 Sampling for Respirable Dust........................................................ 1798 Determination of Concentration of Respirable Coal Mine Dust......................... 1219-AB18 1799 Asbestos Exposure Limit............................................................. 1219-AB24 1800 Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners......... 1219-AB29 ---------------------------------------------------------------------------------------------------------------- Mine Safety and Health Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1801 Underground Coal Mine Ventilation -- Safety Standards for the Belt Entry as an 1219-AA76 Intake Air Course................................................................... 1802 Testing and Evaluation by Independent Laboratories and Non-MSHA Product Safety 1219-AA87 Standards........................................................................... 1803 Improving and Eliminating Regulations............................................... 1219-AA98 1804 Emergency Evacuation; Emergency Temporary Standard.................................. 1219-AB33 ---------------------------------------------------------------------------------------------------------------- Mine Safety and Health Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1805 Criteria and Procedures for Proposed Assessment of Civil Penalties.................. 1219-AB32 ---------------------------------------------------------------------------------------------------------------- Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1806 Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal 1291-AA21 Financial Assistance From the Department of Labor................................... 1807 Department of Labor Acquisition Regulations......................................... 1291-AA34 ---------------------------------------------------------------------------------------------------------------- Office of the Assistant Secretary for Administration and Management--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1808 Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of 1291-AA31 Section 504 of the Rehabilitation Act of 1973....................................... 1809 Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide 1291-AA33 Requirements for Drug-Free Workplace (Grants) 29 CFR 98............................. ---------------------------------------------------------------------------------------------------------------- [[Page 30556]] Office of the Assistant Secretary for Administration and Management--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1810 Implementation of the Nondiscrimination and Equal Opportunity Requirements of the 1291-AA29 Workforce Investment Act of 1998.................................................... 1811 Grants and Agreements............................................................... 1291-AA30 ---------------------------------------------------------------------------------------------------------------- Office of the Assistant Secretary for Administration and Management--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1812 Audits of States, Local Governments, and Nonprofit Organizations.................... 1291-AA26 1813 Audit Requirements for Grants, Contracts, and Other Agreements...................... 1291-AA27 ---------------------------------------------------------------------------------------------------------------- Occupational Safety and Health Administration--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1814 Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness: 1218-AB45 Chromium)........................................................................... 1815 Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in 1218-AB47 Confined Spaces..................................................................... 1816 Occupational Exposure to Ethylene Oxide (Section 610 Review)........................ 1218-AB60 1817 Electric Power Transmission and Distribution; Electrical Protective Equipment....... 1218-AB67 1818 Occupational Exposure to Crystalline Silica......................................... 1218-AB70 1819 Ionizing Radiation.................................................................. 1218-AC11 ---------------------------------------------------------------------------------------------------------------- Occupational Safety and Health Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1820 Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection. 1218-AA05 1821 Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record 1218-AA56 (Vertical Tandem Lifts (VTLs))...................................................... 1822 General Working Conditions for Shipyard Employment.................................. 1218-AB50 1823 Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips, 1218-AB80 and Fall Prevention)................................................................ 1824 Standards Improvement (Miscellaneous Changes) for General Industry, Marine 1218-AB81 Terminals, and Construction Standards (Phase II).................................... 1825 Revision and Update of Subpart S--Electrical Standards.............................. 1218-AB95 1826 Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on 1218-AC05 Respiratory Protection.............................................................. ---------------------------------------------------------------------------------------------------------------- Occupational Safety and Health Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1827 Occupational Exposure to Tuberculosis............................................... 1218-AB46 1828 Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire 1218-AB51 Safety)............................................................................. 1829 Commercial Diving Operations: Revision.............................................. 1218-AB97 1830 Presence Sensing Device Initiation of Mechanical Power Presses (Section 610 Review). 1218-AC03 1831 Occupational Injury and Illness Recording and Reporting Requirements................ 1218-AC06 1832 Procedures for Handling Discrimination Complaints Under Section 806 of the Corporate 1218-AC10 and Criminal Fraud Accountability Act of 2002....................................... ---------------------------------------------------------------------------------------------------------------- [[Page 30557]] Occupational Safety and Health Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1833 Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting 1218-AA84 Reproductive Health................................................................. 1834 Occupational Exposure to Beryllium.................................................. 1218-AB76 1835 Employer Payment for Personal Protective Equipment.................................. 1218-AB77 1836 Hearing Conservation Program for Construction Workers............................... 1218-AB89 1837 Cranes and Derricks................................................................. 1218-AC01 1838 Excavations (Section 610 Review).................................................... 1218-AC02 1839 Updating OSHA Standards Based on National Consensus Standard........................ 1218-AC08 1840 Explosives.......................................................................... 1218-AC09 ---------------------------------------------------------------------------------------------------------------- Occupational Safety and Health Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1841 Grain Handling Facilities (Completion of a Section 610 Review)...................... 1218-AB73 1842 Update and Revision of the Exit Routes Standard..................................... 1218-AB82 1843 Procedures for Handling of Discrimination Complaints Under the Aviation Investment 1218-AB99 and Reform Act...................................................................... ---------------------------------------------------------------------------------------------------------------- Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1844 Uniformed Services Employment and Reemployment Rights Act Regulations............... 1293-AA09 1845 Jobs For Veterans Act of 2002....................................................... 1293-AA10 ---------------------------------------------------------------------------------------------------------------- Office of the Assistant Secretary for Veterans' Employment & Training--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 1846 Annual Report From Federal Contractors.............................................. 1293-AA07 1847 Annual Report for Federal Contractors (2002 Revisions).............................. 1293-AA08 ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Department of Labor (DOL) Proposed Rule Stage Office of the Secretary (OS) _______________________________________________________________________ 1756. PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS Priority: Substantive, Nonsignificant Legal Authority: 5 USC 301; 5 USC 552 as amended; 5 USC Reorganization Plan No. 6 of 1950; EO 12600, 52 FR 23781 (June 25, 1987) CFR Citation: 29 CFR 70 Legal Deadline: None Abstract: The regulation will incorporate the provisions of the 1996 FOIA amendments. These include extending DOL processing time from 10 to 20 days for most FOIA requests and requiring that all reading room materials created since November 1, 1996, be made available by electronic means such as the Internet. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Miriam McD. Miller, of Legislation and Legislative Counsel, Department of Labor, Office of the Secretary, Room N2428, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-5500 Email: miller-miriam@dol.gov RIN: 1290-AA17 [[Page 30558]] _______________________________________________________________________ Department of Labor (DOL) Proposed Rule Stage Employment Standards Administration (ESA) _______________________________________________________________________ 1757. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H) Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 29 USC 213(a)(1) CFR Citation: 29 CFR 541 Legal Deadline: None Abstract: These regulations set forth the criteria for exemption from the Fair Labor Standards Act's minimum wage and overtime requirements for ``executive,'' ``administrative,'' ``professional, and ''outside sales employees.`` To be exempt, employees must meet certain tests relating to duties and responsibilities and be paid on a salary basis at specified levels. A final rule increasing the salary test levels was published on January 13, 1981 (46 FR 3010), to become effective on February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 FR 11972). On March 27, 1981, a proposal to suspend the final rule indefinitely was published (46 FR 18998), with comments due by April 28, 1981. As a result of numerous comments and petitions from industry groups on the duties and responsibilities tests, and as a result of case law developments, the Department concluded that a more comprehensive review of these regulations was needed. An ANPRM reopening the comment period and broadening the scope of review to include all aspects of the regulations was published on November 19, 1985, with the comment period subsequently extended to March 22, 1986. The Department has revised these regulations since the ANPRM to address specific issues. In 1991, as the result of an amendment to the Fair Labor Standards Act (FLSA), the regulations were revised to permit certain computer systems analysts, computer programmers, software engineers, and other similarly skilled professional employees to qualify for the exemption, including those paid on an hourly basis if their rates of pay exceed 6 1/2 times the applicable minimum wage. Also, in 1992 the Department issued a final rule which modified the exemption's requirement for payment on a ''salary basis`` for otherwise exempt public sector employees. Statement of Need: These regulations contain the criteria used to determine if an employee is exempt from the FLSA as an ``executive, ''administrative,`` ''professional,`` or ''outside sales`` employee. The existing salary test levels used in determining which employees qualify as exempt were adopted in 1975 on an interim basis. These salary level tests are outdated and offer little practical guidance in applying the exemption. In addition, numerous comments and petitions have been received from industry groups regarding the duties and responsibilities tests in the regulations, requesting a review of these regulations. These regulations have been revised to deal with specific issues. In 1991, as the result of an amendment to the FLSA, the regulations were revised to permit certain computer systems analysts, computer programmers, software engineers, and other similarly skilled professional employees to qualify for the exemption, including those paid on an hourly basis if their rates of pay exceed 6 1/2 times the applicable minimum wage. Also in 1991, the Department undertook separate rulemaking on another aspect of the regulations, the definition of ''salary basis`` for public-sector employees. Because of the limited nature of these revisions, the regulations are still in need of updating and clarification. Summary of Legal Basis: These regulations are issued under the statutory exemption from minimum wage and overtime pay provided by section 13(a)(1) of the Fair Labor Standards Act, 29 USC 213(a)(1), which requires the Secretary of Labor to issue regulations that define and delimit the terms ``any employee employed in a bona fide, executive, administrative, or professional capacity... or in the capacity of outside salesman...'' for purposes of applying the exemption to employees who meet the specified criteria. Alternatives: The Department will involve affected interest groups in developing regulatory alternatives. Following completion of these outreach and consultation activities, full regulatory alternatives will be developed. Although legislative proposals have been introduced in Congress to address certain aspects of these regulations, the Department continues to believe revisions to the regulations are the appropriate response to the concerns raised. Alternatives likely to be considered range from particular changes to address ``salary basis'' and salary level issues to a comprehensive overhaul of the regulations that also addresses the duties and responsibilities tests. Anticipated Cost and Benefits: Some 19 to 26 million employees are estimated to be within the scope of these regulations. Legal developments in court cases are changing the guiding interpretations under this exemption and creating law without considering a comprehensive analytical approach to current compensation concepts and workplace practices. Clear, comprehensive, and up-to-date regulations would provide for central, uniform control over the application of these regulations and ameliorate many concerns. In the public sector, State and local government employers contend that the rules are based on production workplace environments from the 1940s and 1950s that do not readily adapt to contemporary government functions. The Federal Government also has concerns regarding the manner in which the courts and arbitration decisions are applying the exemption to the Federal workforce. Resolution of confusion over how the regulations are to be applied in the public sector will ensure that employees are protected, that employers are able to comply with their responsibilities under the law, and that the regulations are enforceable. Preliminary estimates of the specific costs and benefits of this regulatory action will be developed once the various regulatory alternatives are identified. Risks: This action does not affect public health, safety, or the environment. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Indefinite Stay of Final Rule 02/12/81 46 FR 11972 Proposal To Suspend Rule 03/27/81 46 FR 18998 ANPRM 11/19/85 50 FR 47696 Extension of ANPRM Comment Period 01/17/86 51 FR 2525 [[Page 30559]] ANPRM Comment Period End 03/22/86 NPRM 03/31/03 68 FR 15560 NPRM Comment Period End 06/30/03 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: State, Local, Federal Federalism: This action may have federalism implications as defined in EO 13132. Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AA14 _______________________________________________________________________ 1758. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Priority: Other Significant Legal Authority: 38 USC 4211; 38 USC 4212; PL 101-237; PL 102-127; PL 102-16; PL 102-484; PL 105-339; PL 93-508, amended; PL 94-502; PL 95- 520; PL 96-466; PL 97-306; PL 98-223 CFR Citation: 41 CFR 60-250 Legal Deadline: None Abstract: OFCCP proposes to amend the regulations implementing the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, to conform with the Jobs for Veterans Act of 2002 (JFVA). JFVA amended VEVRAA in four ways. First, JFVA raised contract coverage from $25,000 to $100,000. Second, JFVA granted VEVRAA protection to a new group of veterans-those who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. Third, JFVA changed the definition of ``recently separated veteran'' to include ``any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty.'' Fourth, JFVA changed ``Special Disabled Veterans'' to ``Disabled Veterans,'' expanding the coverage to conform to 38 U.S.C. section 4211 (3). JFVA also superseded changes to VEVRAA from the Veterans Employment Opportunities Act of 1998 (VEOA) and the Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA). This proposal revises these regulations to conform to the requirements of JFVA. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: James I. Melvin, Program Development, OFCCP, Department of Labor, Employment Standards Administration, 200 Constitution Avenue NW., Room N-3424, FP Building, Washington, DC 20210 Phone: 202 693-0102 TDD Phone: 202 693-1308 Fax: 202 693-1304 Email: ofccp-mail@dol-esa.gov RIN: 1215-AB24 _______________________________________________________________________ 1759. FAMILY AND MEDICAL LEAVE ACT OF 1993 Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 29 USC 2654 CFR Citation: 29 CFR 825 Legal Deadline: None Abstract: The U.S. Supreme Court, in Ragsdale v. Wolverine World Wide, Inc., 122 S. Ct. 1155 (2002), invalidated regulatory provisions issued under the Family and Medical Leave Act (FMLA) pertaining to the effects of an employer's failure to timely designate leave that is taken by an employee as being covered by the FMLA. The Department intends to propose revisions to the FMLA regulations to address issues raised by this and other judicial decisions. Statement of Need: The FMLA requires covered employers to grant eligible employees up to 12 workweeks 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 FMLA regulations require employers to designate if an employee's use of leave is counting against the employee's FMLA leave entitlement, and to notify the employee of that designation (29 CFR section 825.208). Section 825.700(a) of the regulations provides that if an employee takes paid or unpaid leave and the employer does not designate the leave as FMLA leave, the leave taken does not count against the employee's 12 weeks of FMLA leave entitlement. On March 19, 2002, the U.S. Supreme Court issued its decision in Ragsdale v. Wolverine World Wide, Inc., 122 S. Ct. 1155 (2002). In that decision, the Court invalidated regulatory provisions pertaining to the effects of an employer's failure to timely designate leave that is taken by an employee as being covered by the FMLA. The Court ruled that 29 CFR section 825.700(a) was invalid absent evidence that the employer's failure to designate the leave as FMLA leave interfered with the employee's exercise of FMLA rights. This proposed rule is being prepared to address issues raised by this and other judicial decisions. Summary of Legal Basis: This rule is issued pursuant to section 404 of the Family and Medical Leave Act, 29 U.S.C. section 2654. Alternatives: After completing a review and analysis of the Supreme Court's decision in Ragsdale and other judicial decisions, regulatory alternatives will be developed for notice-and-comment rulemaking. Anticipated Cost and Benefits: The costs and benefits of this rulemaking action are not expected to exceed $100 million per year or otherwise trigger economic significance under Executive Order 12866. Risks: This rulemaking action does not directly affect risks to public health, safety, or the environment. [[Page 30560]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/00/03 NPRM Comment Period End 07/00/03 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AB35 _______________________________________________________________________ 1760. [bull] REQUIREMENTS FOR SECURITY OF INSURANCE OBLIGATIONS UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT Priority: Substantive, Nonsignificant Legal Authority: 33 USC 939(a) CFR Citation: 20 CFR 701 (Revision); 20 CFR 703 to 704 (Revision) Legal Deadline: None Abstract: The Longshore and Harbor Workers' Compensation Act (LHWCA) makes a covered employer liable for compensation to employees injured in the course of their work. An employer may satisfy this liability by contracting with a private insurance carrier. By statute, an insurance carrier must obtain authorization from the Secretary of Labor to insure compensation, and the Secretary may revoke authorization for good cause. This proposed regulation would require, as a condition to authorization to write LHWCA insurance, an insurance carrier in certain circumstances to establish that its potential LHWCA obligations are sufficiently secured. Obligations would be considered sufficiently secured if funds would be available to cover all workers' compensation claims in the event of adverse market conditions and the carrier's insolvency. A carrier could fully secure its obligations by posting security deposits with the Secretary. Carriers would not, however, be required to make this showing in states which have a guaranty fund that fully and immediately covers LHWCA claims in the event of a carrier's insolvency. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/00/03 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: No Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Michael Niss, Director, Division of Longshore and Harbor Workers' Compensation, OWCP, Department of Labor, Employment Standards Administration, Room C4315, 200 Constitution Ave., NW, Room C-4315, FP Building, Washington, DC 20210 Phone: 202 693-0038 Fax: 202 693-1380 RIN: 1215-AB38 _______________________________________________________________________ Department of Labor (DOL) Final Rule Stage Employment Standards Administration (ESA) _______________________________________________________________________ 1761. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION (ESA/W-H) Priority: Other Significant Legal Authority: 29 USC 203(l) CFR Citation: 29 CFR 570 Legal Deadline: None Abstract: Section 3(l) of the Fair Labor Standards Act requires the Secretary of Labor to issue regulations with respect to 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. The Secretary is also directed 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. The Department has invited public comment in considering whether changes in technology in the workplace and job content over the years require new hazardous occupation orders, and whether changes are needed in some of the applicable hazardous occupation orders. Comment has also been solicited on whether revisions should be considered in the permissible hours and time-of-day standards for 14- and 15-year-olds. Comment has been sought on appropriate changes required to implement school-to-work transition programs. Additionally, Congress enacted Public Law 104-174 (August 6, 1996), which amended FLSA section 13(c) and requires changes in the regulations under Hazardous Occupation Order No. 12 regarding power- driven paper balers and compactors, to allow 16- and 17-year-olds to load, but not operate or unload, machines meeting applicable American National Standards Institute (ANSI) safety standards and certain other conditions. Congress also passed the Drive for Teen Employment Act, Public Law 105-334 (October 31, 1998), which prohibits minors under age 17 from driving automobiles and trucks on public roads on the job and sets criteria for 17-year-olds to drive such vehicles on public roads on the job. Statement of Need: Because of changes in the workplace and the introduction of new processes and technologies, the Department is undertaking a comprehensive review of the regulatory criteria applicable to child labor. Other factors necessitating a review of the child labor regulations are changes in places where young workers find employment opportunities, the existence of differing Federal and State standards, and the divergent views on how best to correlate school and work experiences. [[Page 30561]] Under the Fair Labor Standards Act, the Secretary of Labor is directed to provide by regulation or by order for the employment of youth between 14 and 16 years of age under periods and conditions which will not interfere with their schooling, health and well-being. The Secretary is also directed to designate occupations that are particularly hazardous for youth between the ages of 16 and 18 years or detrimental to their health or well-being. The Secretary has done so by specifying, in regulations, the permissible industries and occupations in which 14- and 15-year-olds may be employed, and the number of hours per day and week and the time periods within a day in which they may be employed. In addition, these regulations designate the occupations declared particularly hazardous for minors between 16 and 18 years of age or detrimental to their health or well-being. Public comment has been invited in considering whether changes in technology in the workplace and job content over the years require new hazardous occupation orders or necessitate revision to some of the existing hazardous orders. Comment has also been invited on whether revisions should be considered in the permissible hours and time-of-day standards for the employment of 14- and 15-year-olds, and whether revisions should be considered to facilitate school-to-work transition programs. When issuing the regulatory proposals (after review of public comments on the advance notice of proposed rulemaking), the Department's focus was on assuring healthy, safe and fair workplaces for young workers, and at the same time promoting job opportunities for young people and making regulatory standards less burdensome to the regulated community. Summary of Legal Basis: These regulations are issued under sections 3(l), 11, 12, and 13 of the Fair Labor Standards Act, 29 USC sections 203(l), 211, 212, and 213 which require the Secretary of Labor to issue regulations prescribing permissible time periods and conditions of employment for minors between 14 and 16 years old so as not to interfere with their schooling, health, or well-being, and to designate occupations that are particularly hazardous or detrimental to the health or well-being of minors under 18 years old. Alternatives: Regulatory alternatives developed based on recent legislation and the public comments responding to the advance notice of proposed rulemaking included specific proposed additions or modifications to the paper baler, teen driving, explosive materials, and roofing hazardous occupation orders, and proposed changes to the permissible cooking activities that 14- and 15-year-olds may perform in retail establishments. Anticipated Cost and Benefits: Preliminary estimates of the anticipated costs and benefits of this regulatory action indicated that the rule was not economically significant. Benefits will include safer working environments and the avoidance of injuries with respect to young workers. Risks: The child labor regulations, by ensuring that permissible job opportunities for working youth are safe and healthy and not detrimental to their education as required by the statute, produce positive benefits by reducing health and productivity costs employers may otherwise incur from higher accident and injury rates to young and inexperienced workers. Given the limited nature of the changes in the proposed rule, a detailed assessment of the magnitude of risk was not prepared. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Action 11/20/91 56 FR 58626 Final Action Effective 12/20/91 ANPRM 05/13/94 59 FR 25167 ANPRM Comment Period End 08/11/94 59 FR 40318 NPRM 11/30/99 64 FR 67130 NPRM Comment Period End 01/31/00 Final Action 09/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AA09 _______________________________________________________________________ 1762. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED) Priority: Substantive, Nonsignificant Legal Authority: 29 USC 793; EO 11758; EO 11246, as amended; 38 USC 4211; PL 94-502; EO 11758; PL 98-223; PL 102-16; PL 102-127; PL 95-520; PL 105-339; 29 USC 706; PL 97-306; PL 102-484; 38 USC 4212; PL 93-508, amended; PL 96-466; PL 101-237 CFR Citation: 41 CFR 60-1 (Revision); 41 CFR 60-250 (Revision); 41 CFR 60-741 (Revision) Legal Deadline: None Abstract: The final rule would remove the obligation to visit an establishment during a compliance check, which is currently required by section 60-1.20(a)(3) in order to enhance efficiency in resource allocation. OFCCP proposes also to make the same revision in section 60-250.60(a)(3) of the regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). Lastly, OFCCP proposes to conform regulations implementing section 503 of the Rehabilitation Act of 1973, as amended, to the compliance evaluation procedures contained in the regulations implementing Executive Order 11246, as amended, and the affirmative action provisions of VEVRAA, both of which expressly authorize OFCCP to use additional investigative procedures to determine a contractor's compliance with the regulations. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/12/00 65 FR 60815 NPRM Comment Period End 12/11/00 Final Rule 11/00/03 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: No Government Levels Affected: Undetermined Agency Contact: James I. Melvin, Program Development, OFCCP, Department of Labor, Employment Standards Administration, 200 Constitution Avenue NW., Room N-3424, FP Building, Washington, DC 20210 Phone: 202 693-0102 [[Page 30562]] TDD Phone: 202 693-1308 Fax: 202 693-1304 Email: ofccp-mail@dol-esa.gov RIN: 1215-AB28 _______________________________________________________________________ 1763. LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS Priority: Other Significant Legal Authority: 29 USC 431; 29 USC 438; 5 USC 7120(d); 22 USC 4117(d) CFR Citation: 29 CFR 402; 29 CFR 403; 29 CFR 458 Legal Deadline: None Abstract: This regulation will revise Form LM-2, which is used by labor organizations with $200,000 or more in annual receipts to file the annual financial reports required under title II of the Labor-Managment Reporting and Disclosure Act of 1959 (LMRDA). The proposed revisions will improve the transparency and accountability of labor organizations to their members, increase the information available to labor organization members, and make data disclosed in such reports more understandable and accessible. Among other things, unions filing the revised Form LM-2 will be required to report electronically (unless granted an exemption), to identify ``major'' receipts and disbursements, to allocate disbursements among categories such as contract negotiation and administration, organizing, political activity, lobbying, etc., and to report receipts and disbursements of organizations that meet the statutory definition of a ``trust in which a labor organization is interested'' on a new Form T-1. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/27/02 67 FR 79280 NPRM Comment Period End 03/27/03 Final Rule 09/00/03 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Organizations Government Levels Affected: None Agency Contact: Don Todd, Programs, Department of Labor, Employment Standards Administration, Room N5605, 200 Constitution Avenue NW., FP Building, Washington, DC 20210 Phone: 202 693-0122 TDD Phone: 800 877-8339 Fax: 202 693-1340 Email: olms-mail@dol-esa.gov RIN: 1215-AB34 _______________________________________________________________________ 1764. [bull] AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF GOVERNMENT CONTRACTORS, EXECUTIVE ORDER 11246; EXEMPTION FOR RELIGIOUS ENTITIES Priority: Substantive, Nonsignificant Legal Authority: EO 13279; EO 11246, as amended CFR Citation: 41 CFR 60-1.5 Legal Deadline: None Abstract: On December 12, 2002, President Bush issued Executive Order 13279 regarding faith-based and community organizations that, in part, amends Executive Order 11246. Section 4 of Executive Order 13279 amends section 204 of Executive Order 11246 by adding an exemption for religious entities. The final rule would make religious entities exempt from allegations of discrimination based on religion. OFCCP regulations at 41 CFR 60-1.5 will be amended to add the new religious entity exemption. The new exemption is limited to religious discrimination by religious entities. Religious entities will continue to be precluded from basing employment decisions on race, color, sex, or national origin. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Rule 09/00/03 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: No Government Levels Affected: Undetermined Agency Contact: James I. Melvin, Program Development, OFCCP, Department of Labor, Employment Standards Administration, 200 Constitution Avenue NW., Room N-3424, FP Building, Washington, DC 20210 Phone: 202 693-0102 TDD Phone: 202 693-1308 Fax: 202 693-1304 Email: ofccp-mail@dol-esa.gov RIN: 1215-AB39 _______________________________________________________________________ 1765. [bull] AMENDMENTS TO TITLE 20 PARTS 718 AND 725, THAT IMPLEMENTS THE BLACK LUNG BENEFITS ACT Priority: Substantive, Nonsignificant Legal Authority: 5 USC 301; Reorganization Plan No. 6 of 1950; 15 FR 3174; 30 USC 901, et seq, 902(f), 934, 936, 945; 33 USC 901 et seq; 42 USC 405; Secretary's Order 7-87; 52 FR 48466; Employment Standards Order No. 90-02; ... CFR Citation: 20 CFR 718.2; 20 CFR 725.2; 20 CFR 725.459 Legal Deadline: None Abstract: The amendments implement National Mining Ass'n v. Department of Labor, 292 F.3d 849 (D.C. Cir. 2002) which invalidated a portion of 20 CFR 725.459 and required several other provisions which became effective in January 2001 to be prospective only in their application. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Rule 08/00/03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: James L. DeMarce, Director, Division of Coal Mine Workers' Compensation, Department of Labor, Employment Standards Administration, Room C3520, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-0046 Fax: 202 693-1398 Email: nojld@dol-esa.gov RIN: 1215-AB40 [[Page 30563]] _______________________________________________________________________ Department of Labor (DOL) Long-Term Actions Employment Standards Administration (ESA) _______________________________________________________________________ 1766. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994 Priority: Substantive, Nonsignificant Legal Authority: PL 103-355, 108 Stat. 3243 CFR Citation: 29 CFR 4; 29 CFR 5; 41 CFR 50-201; 41 CFR 50-206 Legal Deadline: NPRM, Statutory, May 11, 1995. Final, Statutory, October 1, 1995. Abstract: The Federal Acquisition Streamlining Act of 1994, signed on October 13, 1994, amended several acts administered by the Department of Labor: (1) the Contract Work Hours and Safety Standards Act (CWHSSA) to limit its applicability to contracts in an amount of $100,000 or greater; (2) the Davis-Bacon Act (DB) to provide waivers from the Act's prevailing wage requirements under selected laws for volunteers performing services to a State or local government or agency and for volunteers performing services to a public or private nonprofit recipient of Federal assistance; and (3) the Walsh-Healey Public Contracts Act (PCA) to eliminate the requirements that contractors on covered contracts be either manufacturers or regular dealers in the items to be supplied under the contract but retains the Secretary of Labor's authority to define the terms ``regular dealer'' and ``manufacturer.'' A final rule implementing the CWHSSA and PCA changes was published on August 5, 1996 (61 FR 40714). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/07/95 60 FR 46553 NPRM Comment Period End 10/10/95 Final Rule 08/05/96 61 FR 40714 Second NPRM 06/00/04 Regulatory Flexibility Analysis Required: No Government Levels Affected: State, Local, Federal Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AA96 _______________________________________________________________________ 1767. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS Priority: Other Significant Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(b); 8 USC 1182(n); 8 USC 1184; PL 102-232; PL 105-277 CFR Citation: 20 CFR 655, subparts H and I Legal Deadline: None Abstract: The H-1B visa program of the Immigration and Nationality Act allows employers to temporarily employ nonimmigrants admitted into the United States under the H-1B visa category in specialty occupations and as fashion models, under specified labor conditions. An employer must file a labor condition application with the Department of Labor before the Immigration and Naturalization Service may approve a petition to employ a foreign worker on an H-1B visa. The Department's Employment and Training Administration administers the labor condition application process; the Wage and Hour Division of the Department's Employment Standards Administration handles complaints and investigations regarding labor condition applications. The Department published a proposed rule on January 5, 1999, in response to statutory changes in the H-1B program made by the American Competitiveness and Workforce Improvement Act of 1998 (title IV, Pub. L. 105-277; Oct. 21, 1998). Those changes placed additional obligations on ``H-1B-dependent'' employers (generally, those with work forces comprised of more than 15 percent H-1B workers) and on willful violators. These employers must recruit for U.S. workers, hire U.S. workers who are at least as qualified as H-1B workers, and not displace U.S. workers by hiring H-1B workers or placing them at another employer's job site. The 1998 amendments also imposed additional obligations on all H-1B employers, such as offering benefits to H-1B workers on the same basis and according to the same criteria as offered to U.S. workers, and payment to H-1B workers during periods they are not working for an employment- related reason. The 1999 proposed rule also requested further public comment on earlier proposed provisions published in October 1995, and on particular interpretations of the statute and of the existing regulations which the Department proposed to incorporate into the regulations. Since publishing the proposed rule, Congress enacted further amendments to the H-1B provisions under the American Competitiveness in the Twenty-First Century Act of 2000 (Pub. L. 106- 313; Oct. 17, 2000), the Immigration and Nationality Act - Amendments (Pub. L. 106-311; Oct. 17, 2000), and section 401 of the Visa Waiver Permanent Program Act (Pub. L. 106-396; Oct. 30, 2000). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/31/95 60 FR 55339 NPRM Comment Period End 11/30/95 NPRM 01/05/99 64 FR 628 NPRM Comment Period End 02/04/99 Interim Final Rule 12/20/00 65 FR 80110 Interim Final Rule Effective 01/19/01 Interim Final Rule Comment Period 04/23/01 66 FR 10865 Final Action 01/00/05 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Additional Information: On December 20, 2000, the Department published an interim final rule to implement the recent amendments and clarify the existing rules, and requested further public comment on those provisions. Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AB09 _______________________________________________________________________ 1768. IMPLEMENTATION OF THE 1996 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 541; 29 CFR 778; 29 CFR 785; 29 CFR 790; 29 CFR 870; 41 CFR 50-202 Legal Deadline: None [[Page 30564]] Abstract: The Small Business Job Protection Act of 1996 (H.R. 3448) was enacted on August 20, 1996, as Public Law 104-188. Title II of this enactment amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The PA amendment excludes (under certain circumstances) from compensable ``hours worked'' the time spent by an employee in home-to-work travel in an employer-provided vehicle. The FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by $.90 in two steps over two years (i.e., to $4.75 on October 1, 1996, and to $5.15 on September 1, 1997); (2) provide a $4.25 subminimum wage for youth under age 20 in their first 90 calendar days of employment with an employer; (3) set the employer's direct wage payment obligation for tipped employees at $2.13 per hour (provided such employees receive the balance of the full minimum wage in tips); and (4) set the hourly compensation requirements at no less than $27.63 per hour for certain exempt professional employees in computer-related occupations. Changes will be required in the regulations to reflect these amendments. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/00/05 Regulatory Flexibility Analysis Required: No Government Levels Affected: State, Local, Federal Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AB13 _______________________________________________________________________ 1769. STOCK OPTIONS, STOCK APPRECIATION RIGHTS, AND BONA FIDE EMPLOYEE STOCK PURCHASE PROGRAMS UNDER THE FAIR LABOR STANDARDS ACT Priority: Other Significant Legal Authority: 29 USC 207(e)(8); PL 106-202, sec 2(e) CFR Citation: 29 CFR 546; 29 CFR 778 Legal Deadline: None Abstract: The Worker Economic Opportunity Act, Public Law 106-202 (May 18, 2000), amended section 7(e) of the Fair Labor Standards Act to clarify how certain employer-provided stock option programs are to be treated for purposes of overtime pay. Certain programs meeting prescribed criteria would not have to be factored into the ``regular rate'' otherwise required when calculating ``time-and-one-half'' overtime premium pay for overtime hours of work. The legislation calls for regulations to be promulgated as necessary, which will include amendments to some of the existing regulations on overtime pay. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/00/04 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Organizations Government Levels Affected: None Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210 Phone: 202 693-0051 Fax: 202 693-1432 RIN: 1215-AB31 _______________________________________________________________________ 1770. OBLIGATION OF FEDERAL CONTRACTORS AND SUBCONTRACTORS, NOTICE OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES Priority: Other Significant Legal Authority: EO 13201 CFR Citation: 29 CFR 470 Legal Deadline: None Abstract: On January 2, 2002, the Federal District Court for the District of Columbia issued a decision in UAW-Labor Employment & Training Corp v. Chao, holding the Executive Order 13201 is invalid because it conflicts with the National Labor Relations Act. The court permanently enjoined the Department of Labor from implementing and enforcing Executive Order 13201. The decision was appealed. On April 22, 2003, the U.S. Court of Appeals for the District of Columbia reversed the January 2, 2002, decision of the Federal District Court for the District of Columbia in UAW-Labor Employment and Training Corp. v. Chao, and directed the lower court to grant summary judgment to the Secretary of Labor. This regulation, if promulgated, would implement E.O. 13201 which requires Government contractors and subcontractors to post notices informing their employees that (1) under Federal law they cannot be required to join a union or maintain membership in a union to retain their jobs, and (2) employees who choose not to be union members may object to the use of their compulsory union dues and fees for activities other than collective bargaining, contract administration, and grievance adjustment, and may be entitled to a refund and an appropriate reduction in their future payments. The proposed regulation, in accordance with E.O. 13201, would also require that, where applicable, each Government contracting agency include certain provisions of the Order in its Government contracts, and that Government contractors and subcontractors include these provisions in their nonexempt subcontracts and purchase orders. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Procedural Rule 04/18/01 66 FR 19988 NPRM 10/01/01 66 FR 50010 NPRM Comment Period End 11/30/01 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Agency Contact: Don Todd, Programs, Department of Labor, Employment Standards Administration, Room N5605, 200 Constitution Avenue NW., FP Building, Washington, DC 20210 Phone: 202 693-0122 TDD Phone: 800 877-8339 Fax: 202 693-1340 Email: olms-mail@dol-esa.gov RIN: 1215-AB33 [[Page 30565]] _______________________________________________________________________ Department of Labor (DOL) Completed Actions Employment Standards Administration (ESA) _______________________________________________________________________ 1771. CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7384 et seq; EO 13179 CFR Citation: 20 CFR 30 Legal Deadline: Other, Statutory, May 31, 2001, Interim Final Rule. Abstract: The Department of Labor has issued regulations for its administration of the provisions of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended. These regulations address all questions arising under this act which have not been specifically assigned to the Secretary of Health and Human Services, to the Secretary of Energy, or to the Attorney General. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 05/25/01 66 FR 28948 Interim Final Rule Effective 07/24/01 Interim Final Rule Comment Period 09/24/02 67 FR 47382 Final Action 12/26/02 67 FR 78874 Final Action Effective 02/24/03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Peter M. Turcic, Director, Division of Energy Employees, Occupational Illness Compensation, OWCP, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room C-4511, Washington, DC 20210 Phone: 202 693-0081 Fax: 202 693-1465 Email: eeoicpa-mail@fenix2.dol-esa.gov RIN: 1215-AB32 _______________________________________________________________________ Department of Labor (DOL) Proposed Rule Stage Employment and Training Administration (ETA) _______________________________________________________________________ 1772. FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; CONFIDENTIALITY AND DISCLOSURE OF INFORMATION IN STATE UC RECORDS Priority: Other Significant Legal Authority: 26 USC ch 23; 42 USC 1302 (a); 42 USC 1320b-7; 42 USC 503; Secretary's Orders 4-75 and 14-75 CFR Citation: 20 CFR 603 Legal Deadline: None Abstract: The Employment and Training Administration of the Department of Labor is preparing to issue a notice of proposed rulemaking (NPRM) on confidentiality and disclosure of State UC information. The NPRM would modify and expand the regulations implementing the Income and Eligibility Verification System (IEVS) to include statutory requirements in title III of the Social Security Act and the Federal Unemployment Tax Act concerning confidentiality and disclosure of State UC information. The use of UC wage records under these and other statutes has increased in recent years while privacy and confidentiality issues have not yet been addressed. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/00/03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Federalism: This action may have federalism implications as defined in EO 13132. Additional Information: Formerly RIN 1205-AA74; was taken off regulatory agenda in 1994 due to inactivity. An earlier NPRM was published on 3/23/92 at 57 FR 10063 with comment period ending 5/22/92. Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, Department of Labor, Employment and Training Administration, Office of Workforce Security, 200 Constitution Avenue NW., Room C-4518, Washington, DC 20210 Phone: 202 693-3038 Email: ghildebrand@doleta.gov RIN: 1205-AB18 _______________________________________________________________________ 1773. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 42 USC 3056(b)(2) CFR Citation: 20 CFR 641 Legal Deadline: None Abstract: The Employment and Training Administration will implement new regulations to govern the Senior Community Service Employment Program (SCSEP) under title V of the Older Americans Act Amendments of 2000. SCSEP is the only federally sponsored job creation program targeted to low-income older Americans. The program subsidizes part-time community service jobs for low-income persons age 55 years and older who have poor employment prospects. Approximately 100,000 program enrollees annually work in a wide variety of community service jobs, including nurse's aides, teacher aides, librarians, clerical workers and day care assistants. The Department of Labor allocates funds to operate the program to State agencies on aging and to national organizations. Proposed regulations will improve integration of SCSEP with the broader workforce investment system and introduce performance measures and sanctions. Statement of Need: As the baby boom generation ages, the demand for employment and training services and income support for low-income older persons will increase. Low-income seniors generally must continue working and many may not be able to find employment without work experience and additional training. The basic goals of the SCSEP are to provide community service employment for older workers with few skills and little work experience, and to move many of those seniors into unsubsidized employment. The Employment and Training Administration will issue regulations and other guidance, provide technical assistance, and establish performance standards that will drive [[Page 30566]] State and national grantees' efforts towards the program's goals. Summary of Legal Basis: Promulgation of these regulations is authorized by section 502(b)(2) of Pub. L. 106-501 of the Older Americans Act Amendments of 2000. Alternatives: The public provided comments on changes to the statute due to the Older Americans Act Amendments of 2000 during Town Hall meetings held throughout the country in spring 2001. The public also will be afforded an opportunity to comment on the Department's plans for implementing the Amendments in a notice of proposed rulemaking that will be published in the Federal Register. Anticipated Cost and Benefits: Preliminary estimates of the anticipated costs of this regulatory action have not been determined at this time and will be determined at a later date. Risks: This action does not affect public health, safety, or the environment. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/28/03 68 FR 22520 NPRM Comment Period End 06/12/03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local, Tribal, Federal Federalism: Undetermined Agency Contact: Ria Moore Benedict, Programs, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., FP Building, Room N5306, Washington, DC 20210 Phone: 202 693-3198 Fax: 202 693-3817 Email: benedict-ria@doleta.gov RIN: 1205-AB28 _______________________________________________________________________ 1774. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS Priority: Other Significant Legal Authority: 19 USC 2320; Secretary's Order No. 3-81, 46 FR 31117 CFR Citation: 29 CFR 90; 20 CFR 617; 20 CFR 618 Legal Deadline: None Abstract: The Trade Act of 2002, enacted on August 6, 2002, contains provisions amending title 2, chapter 2 of the Trade Act of 1974, entitled Adjustment Assistance for Workers. The amendments, effective 90 days from enactment (November 4, 2002), make additions to where and by whom a petition may be filed, expand eligibility to workers whose production has been shifted to certain foreign countries and to worker groups secondarily affected, and make substantive amendments regarding trade adjustment assistance (TAA) program benefits. Although published as a final rule, comments were requested on several material changes, which were not included in the proposed rule. Comments were received and will be considered and included in the final rule implementing the amendments under the Trade Act of 2002. Furthermore, it is the agency's intention to create a new 20 CFR part 618 to incorporate the amendments and be written in plain English, while the existing regulations at 20 CFR part 617 and 29 CFR part 90 will remain in effect for individuals covered by certifications under the Workforce Investment Act of 1998 so they conform to the amendments contained in the Trade Act of 2002. Statement of Need: The Trade Act of 2002, enacted August 6, 2002, repeals the North American Free Trade Agreement-Transitional Adjustment Assistance provisions for workers affected by the NAFTA Implementation Act and adds significant amendments to worker benefits under Trade Adjustment Assistance for Workers, as provided for in the Trade Act of 1974. The Department is mandated to implement the amendments in 90 days from enactment, November 4, 2002. The 2002 Trade Act amends where and by whom a petition may be filed. Program benefits for TAA eligible recipients are expanded to include for the first time a health care tax credit, and eligible recipients now include secondarily affected workers impacted by foreign trade. Income support is extended by 26 weeks and by up to one year under certain conditions. Waivers of training requirements in order to receive income support are explicitly defined. Job search and relocation benefit amounts are increased. Within one year of enactment, the amendments offer an Alternative TAA Program for Older Workers that targets older worker groups at firms who are certified as TAA eligible and provides the option of a wage supplement instead of training, job search, and income support. State agencies rely on the regulations to make determinations as to individual eligibility for TAA program benefits. TAA program regulations as written have been described as complicated to interpret. With the new TAA program benefit amendments contained in the Trade Act of 2002, it is imperative that the regulations be in an easy to read and understandable format. Summary of Legal Basis: These regulations are authorized by the Trade Act of 2002 amendments to the Trade Act of 1974. Alternatives: The public will be afforded an opportunity to provide comments on the TAA program changes when the Department publishes the interim final rule in the Federal Register. Anticipated Cost and Benefits: Preliminary estimates of the anticipated costs of this regulatory action have not been determined at this time and will be determined at a later date. Risks: This action does not affect public health, safety, or the environment. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/00/03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Federal Agency Contact: Edward A. Tomchick, Assistance, Department of Labor, Employment and Training Administration, Room C5311, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-3577 Fax: 202 693-3585 Email: etomchick@doleta.gov RIN: 1205-AB32 [[Page 30567]] _______________________________________________________________________ Department of Labor (DOL) Final Rule Stage Employment and Training Administration (ETA) _______________________________________________________________________ 1775. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES Priority: Other Significant Legal Authority: 29 USC 49 et seq; 8 USC 1182(a)(5)(A), 1189(p)(1) CFR Citation: 20 CFR 656 Legal Deadline: None Abstract: The Employment and Training Administration (ETA) is in the process of reengineering the permanent labor certification process. ETA's goals are to make fundamental changes and refinements that will streamline the process, save resources, improve the effectiveness of the program and better serve the Department of Labor's (DOL) customer. Statement of Need: The labor certification process has been described as being complicated, costly and time consuming. Due to the increases in the volume of applications received and a lack of adequate resources, it can take up to 2 years or more to complete processing an application. The process also requires substantial State and Federal resources to administer and is reportedly costly and burdensome to employers as well. Cuts in Federal funding for both the permanent labor certification program and the U.S. Employment Service have made it difficult for State and Federal administrators to keep up with the process. ETA, therefore, is taking steps to improve effectiveness of the various regulatory requirements and the application processing procedures, with a view to achieving savings in resources both for the Government and employers, without diminishing protections now afforded U.S. workers by the current regulatory and administrative requirements. Summary of Legal Basis: Promulgation of these regulations is authorized by section 212(a)(5)(A) of the Immigration and Nationality Act. Alternatives: Regulatory alternatives are now being developed by the Department. The public was afforded an opportunity to comment on the Department's plans for streamlining the permanent labor certification process in a notice of proposed rulemaking which was published in the Federal Register on May 6, 2002. Anticipated Cost and Benefits: Preliminary estimates of the anticipated costs and benefits have not been determined at this time. Preliminary estimates will be developed after a decision is made as to what regulatory amendments are necessary and after the implementing forms and automated systems to support a streamlined permanent labor certification process have been developed. Risks: This action does not affect public health, safety, or the environment. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/06/02 67 FR 30465 NPRM Comment Period End 07/05/02 67 FR 30466 Final Rule 07/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State, Federal Agency Contact: Dale Ziegler, Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318, FP Building, Washington, DC 20210 Phone: 202 693-2942 Fax: 202 693-2760 Email: dmziegler@doleta.gov RIN: 1205-AA66 _______________________________________________________________________ 1776. INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK PROGRAM Priority: Substantive, Nonsignificant Legal Authority: 42 USC 612(a)(3)(c)(iii); PL 106-113, Division B, section 1000(a)(4) CFR Citation: 20 CFR 646 Legal Deadline: Final, Statutory, November 4, 1997, 90 days from enactment. Other, Statutory, January 1, 2000, for 1999 amendments. Abstract: These are program regulations needed to implement the Indian and Native American set-aside under the Welfare-to-Work program authorized by section 412(a)(3) of the Social Security Act. New interim final regulations are being issued to implement changes made by the Welfare-to-Work and Child Support Amendments of 1999 and other legislation. The Consolidated Appropriations Act of 2001 authorized the Department to extend welfare-to-work grants an additional two years. Therefore, the grants may operate until September 2004. The Department received 14 comments on the March 1, 1998 interim final rule, and none would substantively change the regulations. The Department will provide guidance in response to those comments. The March 1, 1998 Interim Final Rule will be adopted as the final rule, subject to the changes made by the new interim final rule implementing the 1999 amendments. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 04/01/98 63 FR 15985 Interim Final Rule Effective 04/01/98 Interim Final Rule Comment Period 06/01/98 Final Action 09/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: Tribal Additional Information: Congress has changed eligibility criteria. A final rule will be published to conform with the State programs. Agency Contact: Gregory Gross, Department of Labor, Employment and Training Administration, Room N4641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-3752 Email: ggross@doleta.gov RIN: 1205-AB16 _______________________________________________________________________ 1777. [bull] UNEMPLOYMENT COMPENSATION-TRUST FUND INTEGRITY RULE: BIRTH AND ADOPTION UNEMPLOYMENT COMPENSATION; REMOVAL OF REGULATIONS Priority: Other Significant Legal Authority: 42 USC 503(a)(2) and 503(a)(5); 42 USC 1302(a); 26 USC 3304(a)(1) and 3304(a)(4); 26 USC 3306 CFR Citation: 20 CFR 604 Legal Deadline: None Abstract: The Department of Labor is proposing to remove the Birth and Adoption Unemployment Compensation regulations. Those regulations permit states to provide, in the form of UC, partial wage replacement to employees who take approved leave or otherwise leave their employment following the birth or placement for adoption of a child. [[Page 30568]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/04/02 67 FR 72122 NPRM Comment Period End 02/03/03 Final Action 08/00/03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Federalism: Undetermined Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, Department of Labor, Employment and Training Administration, Office of Workforce Security, 200 Constitution Avenue NW., Room C-4518, Washington, DC 20210 Phone: 202 693-3038 Email: ghildebrand@doleta.gov RIN: 1205-AB33 _______________________________________________________________________ Department of Labor (DOL) Long-Term Actions Employment and Training Administration (ETA) _______________________________________________________________________ 1778. ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C NONIMMIGRANT ALIENS AS REGISTERED NURSES Priority: Other Significant Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(c); 8 USC 1182(m); 8 USC 1184; PL 106-95, 113 Stat. 1312 CFR Citation: 20 CFR 655, subparts L and M Legal Deadline: Final, Statutory, February 11, 2000. Abstract: The Nursing Relief for Disadvantaged Areas Act of 1999 (P.L. 106-95; November 12, 1999) amended the Immigration and Nationality Act to create a new temporary visa program for nonimmigrant aliens to work as registered nurses for up to three years in facilities serving health professional shortage areas, subject to certain conditions. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 08/22/00 65 FR 51137 Interim Final Rule Effective 09/21/00 Interim Final Rule Comment Period 09/21/00 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local, Federal Agency Contact: Michael Ginley, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3510, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-0745 RIN: 1205-AB27 _______________________________________________________________________ Department of Labor (DOL) Completed Actions Employment and Training Administration (ETA) _______________________________________________________________________ 1779. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM AMENDMENT Priority: Other Significant Legal Authority: 42 USC 1302; 42 USC 5177; EO 12673 CFR Citation: 20 CFR 625.5 Legal Deadline: None Abstract: This new rule on the Disaster Unemployment Assistance Program will only address one aspect of part 625; it adds a definition of ``unemployment is a direct result of the major disaster.'' ETA had not defined this term in its previous rule. The purpose of the new definition is to clarify eligibility for disaster unemployment assistance in the wake of the major disasters as a result of the terrorist attacks of September 11, 2001. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 11/13/01 66 FR 56959 Interim Final Rule Effective 11/13/01 Interim Final Rule Comment Period 12/13/01 Final Rule 03/06/03 68 FR 10932 Final Rule Effective 03/06/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: State, Federal Agency Contact: Betty E. Castillo, Operations, Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-3032 RIN: 1205-AB31 [[Page 30569]] _______________________________________________________________________ Department of Labor (DOL) Proposed Rule Stage Employee Benefits Security Administration (EBSA) _______________________________________________________________________ 1780. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF HEALTH CARE COVERAGE Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1135; 29 USC 1166 CFR Citation: 29 CFR 2590 Legal Deadline: None Abstract: This rulemaking will provide guidance concerning the notification requirements pertaining to continuation coverage under the Employee Retirement Income Security Act of 1974 (ERISA). Section 606 of ERISA requires that group health plans provide employees notification of the continuation coverage provisions of the plan and imposes notification obligations upon plan administrators, employers, employees, and qualified beneficiaries relating to certain qualifying events. Statement of Need: Part 6 of title I of ERISA requires that group health plans provide employees with notice of the continuation of health care coverage provisions of the plan; it imposes notification requirements upon employers, employees, plan administrators, and qualified beneficiaries in connection with certain qualifying events. The public needs guidance from the Department with regard to how they can fulfill their respective obligations under these statutory provisions. Summary of Legal Basis: Section 606 of ERISA specifies the respective notification requirements for employers, employees, plan administrators, and qualified beneficiaries in connection with group health plan provisions relating to continuation of health care coverage. Section 606(a) of ERISA specifically refers to regulations to be issued by the Secretary of Labor clarifying these requirements. Section 505 of ERISA authorizes the Secretary to issue regulations clarifying the provisions of title I of ERISA. Alternatives: Regulatory alternatives will be developed once determinations have been made with regard to the scope and nature of the regulatory guidance which is needed by the public. Anticipated Cost and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed once decisions are reached regarding the alternatives to be considered. Risks: Failure to provide guidance to the public concerning their notification obligations under section 606 of ERISA may complicate compliance by the public with the law and may reduce the availability of continued health care coverage in certain commonly encountered situations. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 09/23/97 62 FR 49894 ANPRM Comment Period End 11/24/97 NPRM 06/00/03 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Agency Contact: Susan G. Lahne, Senior Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room N5669, 200 Constitution Avenue NW., FP Building, Washington, DC 20210 Phone: 202 693-8500 RIN: 1210-AA60 _______________________________________________________________________ 1781. DEFAULT ROLLOVER SAFE HARBOR Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1104(c); 29 USC 1105; PL 107-16, sec 657 CFR Citation: 29 CFR 2550 Legal Deadline: Final, Statutory, June 7, 2004, Deadline prescribed by sec 657(c)(2)(A) of the Economic Growth and Tax Reconciliation Act of 2001 (PL 107-16). Abstract: This regulation would provide safe harbors under which the designation of an institution and investment of funds is deemed to satisfy the fiduciary requirements of sec. 404(a) of ERISA. The Department has issued a request for information in order to obtain additional information from the public to assist it in developing the required safe harbors. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Information (RFI) 01/07/03 68 FR 992 NPRM 11/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Louis J. Campagna, Supervisory Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room N5669, 200 Constitution Avenue, NW, FP Building, Washington, DC 20210 Phone: 202 693-8500 RIN: 1210-AA92 _______________________________________________________________________ 1782. ELECTRONIC FILING BY INVESTMENT ADVISERS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1002 note; 29 USC 1002(38); 29 USC 1135 CFR Citation: 29 CFR 2510.3-38 Legal Deadline: None Abstract: Upon adoption, this proposed regulation will clarify that an electronic filing with the Investment Advisers Registration Depository (IARD), a centralized electronic filing system established by the Securities and Exchange Commission in conjunction with the NASD and State securities authorities, will satisfy the filing requirement for investment advisers seeking investment manager status under section 3(38) of ERISA. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Florence Novellino-Ott, Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-8500 RIN: 1210-AA94 [[Page 30570]] _______________________________________________________________________ 1783. SUSPENSION OF BENEFITS REGULATION Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1053(2)(3)(B); 29 USC 1135 CFR Citation: 29 CFR 2530.203-3 Legal Deadline: None Abstract: This regulation would amend the requirements of 29 CFR 2530.203-3(b)(4) relating to notification of suspension of benefit payments. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Susan G. Lahne, Senior Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room N5669, 200 Constitution Avenue NW., FP Building, Washington, DC 20210 Phone: 202 693-8500 RIN: 1210-AA96 _______________________________________________________________________ Department of Labor (DOL) Final Rule Stage Employee Benefits Security Administration (EBSA) _______________________________________________________________________ 1784. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171; 29 USC 1172; 29 USC 1191c CFR Citation: 29 CFR 2590 Legal Deadline: Other, Statutory, April 1, 1997, Interim Final Rule. Abstract: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended title I of ERISA by adding a new part 7, designed to improve health care access, portability and renewability. This rulemaking will provide regulatory guidance to implement these provisions. Statement of Need: In general, the health care portability provisions in part 7 of ERISA provide for increased portability and availability of group health coverage through limitations on the imposition of any preexisting condition exclusion and special enrollment rights in group health plans after loss of other health coverage or a life event. Plan sponsors, administrators and participants need guidance from the Department with regard to how they can fulfill their respective obligations under these statutory provisions. Summary of Legal Basis: Part 7 of ERISA specifies the portability and other requirements for group health plans and health insurance issuers. Section 734 of ERISA provides that the Secretary may promulgate such regulations as may be necessary or appropriate to carry out the provisions of part 7 of ERISA. In addition, section 505 of ERISA authorizes the Secretary to issue regulations clarifying the provisions of title I of ERISA. Risks: Failure to provide guidance concerning Part 7 of ERISA may impede compliance with the law. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 04/08/97 62 FR 16894 Interim Final Rule Effective 06/07/97 Interim Final Rule Comment Period 07/07/97 Request for Information 10/25/99 64 FR 57520 Comment Period End 01/25/00 Final Rule 09/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Amy Turner, Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room N5677, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-8335 RIN: 1210-AA54 _______________________________________________________________________ 1785. MENTAL HEALTH BENEFITS PARITY Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1135; 29 USC 1182; 29 USC 1194; PL 104-204, 110 Stat. 2944 CFR Citation: 29 CFR 2590 Legal Deadline: None Abstract: The Mental Health Parity Act of 1996 (MHPA) was enacted on September 26, 1996 (Pub. L. 104-204). MHPA amended the Public Health Service Act (PHS Act) and the Employee Retirement Income Security Act of 1974 (ERISA), as amended, to provide for parity in the application of certain mental health benefits with limits on medical surgical benefits. These changes were subsequently added to the Internal Revenue Code (the Code). MHPA provisions are set forth in chapter 100 of subtitle K of the Code, title XXVII of the PHS Act, and part 7 of subtitle B of title I of ERISA. On December 2, 2002, President Bush signed H.R. 5716 (Pub. L. 107-313), the Mental Health Parity Reauthorization Act of 2002. This legislation amended ERISA and the PHS Act to further extend MHPA's original sunset date to December 31, 2003 (the Code provisions already contained a sunset date of December 31, 2003). As a result of this statutory amendment, and to assist employers, plan sponsors, health insurance issuers, and workers, the Department of Labor has amended the interim final regulations, in consultation with the Departments of the Treasury and Health and Human Services, conforming the regulatory sunset date to the new statutory sunset date. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 12/22/97 62 FR 66932 Interim Final Rule Amendment Effective 09/30/01 Interim Final Rule Amendment 09/27/02 67 FR 60859 Interim Final Rule Amendment Effective 12/02/02 68 FR 18048 [[Page 30571]] Interim Final Rule Amendment 04/14/03 68 FR 18048 Final Action 03/00/04 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: LEGAL AUTHORITIES CONT: secs 107, 209, 505, 701 to 703, 711, 712. Agency Contact: Mark Connor, Supervisory Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room C5331, 200 Constitution Avenue NW., FP Building, Washington, DC 20210 Phone: 202 693-8335 RIN: 1210-AA62 _______________________________________________________________________ 1786. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1185; 29 USC 1191 to 1191c CFR Citation: 29 CFR 2590.711 Legal Deadline: None Abstract: The Newborns' and Mothers' Health Protection Act of 1996 (NMHPA) was enacted on September 26, 1996 (PL 104-204). NMHPA amended the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974, as amended, (ERISA) to provide protection for mothers and their newborn children with regard to the length of hospital stays following the birth of a child. NMHPA provisions are set forth in title XXVII of the PHSA and part 7 of subtitle B of title I of ERISA. This rulemaking will provide further guidance with regard to the provisions of the NMHPA. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 10/27/98 63 FR 57546 Final Action 12/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Amy Turner, Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room N5677, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-8335 RIN: 1210-AA63 _______________________________________________________________________ 1787. RULEMAKING RELATING TO THE WOMEN'S HEALTH AND CANCER RIGHTS ACT OF 1998 Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 29 USC 1135; 29 USC 1185; 29 USC 1191c CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Women's Health and Cancer Rights Act of 1998 (WHCRA) was enacted on October 21, 1998 (P.L. 105-277). WHCRA amended the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act (PHS Act) to provide protection for patients who elect breast reconstruction in connection with a mastectomy. The WHCRA provisions are set forth in part 7 of subtitle B of title I of ERISA and in title XXVII of the PHS Act. These interim rules will provide guidance with respect to the WHCRA provisions. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Request for Information (RFI) 05/28/99 64 FR 29186 Request for Information Comment Period End 06/28/99 Interim Final Rule 01/00/04 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Elena Hornsby, Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room C5331, 200 Constitution Avenue NW, FP Building, C5331, Washington, DC 20210 Phone: 202 693-8335 RIN: 1210-AA75 _______________________________________________________________________ 1788. PROHIBITING DISCRIMINATION AGAINST PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1182; 29 USC 1191c; 29 USC 1194 CFR Citation: 29 CFR 2590.702 Legal Deadline: None Abstract: Section 702 of the Employee Retirement Income Security Act of 1974, amended by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes that a group health plan or a health insurance issuer may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any health status-related factor. These provisions are also contained in the Internal Revenue Code under the jurisdiction of the Department of the Treasury, and the Public Health Service Act under the jurisdiction of the Department of Health and Human Services. On April 8, 1997, the Department, in conjunction with the Departments of the Treasury and Health and Human Services (collectively, the Departments) published interim final regulations implementing the nondiscrimination provisions of HIPAA. These regulations can be found at 26 CFR 54.9802-1 (Treasury), 29 CFR 2590.702 (Labor), and 45 CFR 146.121 (HHS). That notice of rulemaking also solicited comments on the nondiscrimination provisions and indicated that the Departments intend to issue further regulations on the nondiscrimination rules. This rulemaking contains additional regulatory interim guidance under HIPAA's nondiscrimination provisions. In addition, the rulemaking contains proposed guidance on bona fide wellness programs. Statement of Need: Part 7 of ERISA provides that group health plans and health insurance issuers may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any health status-related factor. Plan sponsors, administrators and participants need additional guidance from the Department with regard to how they can fulfill their respective obligations under these statutory provisions. [[Page 30572]] Summary of Legal Basis: Section 702 of ERISA specifies the respective nondiscrimination requirements for group health plans and health insurance issuers. Section 734 of ERISA provides that the Secretary may promulgate such regulations as may be necessary or appropriate to carry out the provisions of part 7 ERISA. In addition, section 505 of ERISA authorizes the Secretary to issue regulations clarifying the provisions of title I of ERISA. Risks: Failure to provide guidance concerning part 7 of ERISA may impede compliance with the law. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Interim Final Rule 04/08/97 62 FR 16894 Interim Final Rule Comment Period 07/07/97 NPRM 01/08/01 66 FR 1421 Second Interim Final Rule 01/08/01 66 FR 1378 NPRM Comment Period End 04/09/01 Interim Final Rule Comment Period 04/09/01 Final Rule 12/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Additional Information: This item has been split off from RIN 1210-AA54 in order to Agency Contact: Amy Turner, Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, Room N5677, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-8335 RIN: 1210-AA77 _______________________________________________________________________ Department of Labor (DOL) Long-Term Actions Employee Benefits Security Administration (EBSA) _______________________________________________________________________ 1789. ADEQUATE CONSIDERATION Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 1002(18); 29 USC 1135