[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Department of Labor Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 30550]]
___________________________________________________________
Federal Register
Tuesday
May 27, 2003
Book 3 of 4 Books
Pages 30549-31112
------------------------------
The Unified Agenda of Federal Regulatory and Deregulatory Actions
------------------------------
30551 XIII--Department of Labor
30597 XIV--Department of State
30603 XV--Department of Transportation
30759 XVI--Department of the Treasury
30891 XVII--Department of Veterans Affairs
30917 XVIII--Advisory Council on Historic Preservation
30919 XIX--Agency for International Development
30925 XX--Architectural and Transportation Barriers Compliance
Board
30929 XXI--Commission on Civil Rights
30931 XXII--Corporation for National and Community Service
30937 XXIII--Court Services and Offender Supervision Agency for the
District of Columbia
30941 XXIV--Environmental Protection Agency
[[Page 30551]]
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Part XIII
Department of Labor
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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
CFR Citation: 29 CFR 2510
Legal Deadline: None
Abstract: The regulation would set forth standards for determining
``adequate consideration'' under section 3(18) of ERISA for assets
other than securities for which there is a generally recognized market.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/17/88 53 FR 17632
NPRM Comment Period End 07/17/88
Next Action Undetermined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Morton Klevan, Department of Labor, Employee Benefits
Security Administration, N5669, 200 Constitution Avenue NW, FP
Building, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AA15
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1790. DEFINITION OF COLLECTIVE BARGAINING AGREEMENT (ERISA SECTION
3(40))
Priority: Other Significant
Legal Authority: 29 USC 1002(40); 29 USC 1135
CFR Citation: 29 CFR 2510.3-40
Legal Deadline: None
Abstract: The regulation establishes standards for determining whether
an employee benefit plan is established or maintained under or pursuant
to one or more collective bargaining agreements for purposes of its
exclusion from the Multiple Employer Welfare Arrangement (MEWA)
definition in section 3(40) of ERISA, and thus exempted from State
regulation. The regulation clarifies the scope of the exception from
the MEWA definition for plans established or maintained under or
pursuant to one or more collective bargaining agreements by providing
criteria which will serve to distinguish welfare benefit arrangements
which are maintained by legitimate unions pursuant to bona fide
collective bargaining agreements from insurance arrangements promoted
and marketed under the guise of ERISA-covered plans exempt from State
insurance regulation. The regulation also serves to limit the extent to
which plans maintained pursuant to bona fide collective bargaining
agreements may extend plan coverage to individuals not covered by such
agreements.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/01/95 60 FR 39208
NPRM Comment Period Extended to 09/29/95 60 FR 50508
Notice Establishing Negotiated 09/22/98 63 FR 50542
Second NPRM 10/27/00 65 FR 64498
Second NPRM Comment Period End 12/26/00
Final Action 04/09/03 68 FR 17484
Final Action Effective 06/09/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Governmental Jurisdictions, Organizations
Government Levels Affected: State
Federalism: This action may have federalism implications as defined in
EO 13132.
Agency Contact: Elizabeth A. Goodman, 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-AA48
[[Page 30573]]
_______________________________________________________________________
1791. REPORTING REQUIREMENTS FOR MEWAS PROVIDING MEDICAL CARE BENEFITS
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 1021(g); 29 USC 1135; 29 USC 1191c
CFR Citation: 29 CFR 2520
Legal Deadline: None
Abstract: These final rules govern certain reporting requirements under
title I of the Employee Retirement Income Security Act of 1974, as
amended (ERISA) for multiple employer welfare arrangements (MEWAs) that
provide benefits consisting of medical care. In part, the rules
implement recent changes made to ERISA by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA). The rules also set
forth elements that MEWAs would be required to file with the Department
of Labor for the purpose of determining compliance with the
portability, nondiscrimination, renewability and other requirements of
part 7 of subtitle B of title I of ERISA including the requirements of
the Mental Health Parity Act of 1996 and the Newborns' and Mothers'
Protection Act of 1996. The rules provide guidance with respect to
section 502(c)(5) of ERISA which authorizes the Secretary of Labor to
assess a civil penalty of up to $1,000 a day for failure to comply with
the new reporting requirements.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 02/11/00 65 FR 7152
Final Action 04/09/03 68 FR 17494
Final Action Effective 01/01/04
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-AA64
_______________________________________________________________________
1792. BLACKOUT NOTICE REGULATION
Priority: Other Significant
Legal Authority: 116 Stat 745 (29 USC 1132); 29 USC 1135; PL 107-204
CFR Citation: 29 CFR 2520
Legal Deadline: Other, Statutory, October 13, 2002, Interim Final Rule,
PL 107-204.
Abstract: This regulation provides guidance with respect to the
requirement that plan administrators furnish advance notice of blackout
periods affecting individual account plans pursuant to section 101(i)
of ERISA, as added by section 306 of the Sarbanes-Oxley Act of 2002.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 10/21/02 67 FR 64765
Interim Final Rule Comment
Period 11/20/02
Final Rule 01/24/03 68 FR 3716
Interim Final Rule Effective 01/26/03
Final Action Effective 01/26/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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-AA90
_______________________________________________________________________
1793. BLACKOUT NOTICE CIVIL PENALTY
Priority: Other Significant
Legal Authority: 29 USC 1021(b)(1); 29 USC 1135; PL 107-204
CFR Citation: 29 CFR 2560
Legal Deadline: Final, Statutory, October 13, 2002.
Abstract: These regulations provide guidance with respect to the
requirement that plan administrators furnish advance notice of blackout
periods affecting individual account plans pursuant to section 101(i)
of ERISA, as added by section 306 of the Sarbanes-Oxley Act of 2002, as
well as the related civil penalty provisions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 10/21/02 67 FR 64774
Interim Final Rule Comment
Period 11/20/02
Final Rule 01/24/03 68 FR 3729
Interim Final Rule Effective 01/26/03
Final Action Effective 01/26/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John J. Canary, Suoervisory 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-AA91
_______________________________________________________________________
1794. AMENDMENT OF PROCEDURAL REGULATIONS UNDER ERISA
Priority: Info./Admin./Other
Legal Authority: 29 USC 1132(c); 29 USC 1135
CFR Citation: 29 CFR 2570
Legal Deadline: None
Abstract: This rulemaking amends 29 CFR part 2570 to clarify the time
at which a notice of intent to assess a civil penalty, where there is a
failure to file a statement of reasonable cause, constitutes a final
order of the Secretary.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 10/21/02 67 FR 64774
Interim Final Rule Comment
Period 11/20/02
Final Rule 01/24/03 68 FR 3729
Final Rule Effective 01/26/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Susan Rees, 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-AA93
_______________________________________________________________________
1795. CIVIL MONETARY PENALTY ADJUSTMENT REGULATION
Priority: Info./Admin./Other
Legal Authority: 29 USC 1135; 29 USC 2461 note
CFR Citation: 29 CFR 2960
Legal Deadline: Final, Statutory, July 29, 2001, PL 104-134 sec 3720C.
[[Page 30574]]
Abstract: The Federal Civil Monetary Penalty Inflation Adjustment Act
of 1990, as amended by the Debt Collection Improvement Act of 1996,
requires Federal agencies to adjust civil monetary penalties for
inflation at least once every four years. This rulemaking satisfies
that requirement with respect to the civil monetary penalties under
title I of ERISA.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 01/24/03 68 FR 2875
Final Rule Effective 03/24/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Eric Raps, Pension Law Specialist, Department of Labor,
Employee Benefits Security Administration, 200 Constitution Avenue NW,
Rm N5669, FP Building, Washington, DC 20011
Phone: 202 693-8500
RIN: 1210-AA95
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1796. FOCUSED INSPECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 4
Legal Deadline: None
Abstract: Compliance history and safety and health performance are
factors that provide a quantifiable means for focusing MSHA resources.
MSHA seeks comment on how best to maximize the effectiveness of
resources and to further develop inspection procedures based upon
experience. MSHA will evaluate current guidelines and practices for
conducting inspections and determine how to best achieve the
complementary objectives of protecting miners while focusing inspection
resources on the greatest safety and health needs within each mine.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, 1100 Wilson
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AB30
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1797. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 70; 30 CFR 75; 30 CFR 90
Legal Deadline: None
Abstract: Our current regulations require that all underground coal
mine operators develop and follow a mine ventilation plan for each
mechanized mining unit that we approve. However, we do not have a
requirement that provides for verification of each plan's effectiveness
under typical mining conditions. Consequently, plans may be implemented
by mine operators that could be inadequate to control respirable dust.
The proposed rule provides for MSHA to verify the effectiveness of mine
ventilation plans to control respirable dust under typical mining
conditions. For longwall mine operators, we proposed to permit the
limited use of either approved loose-fitting powered air purifying
respirators (PAPRs) or verifiable administrative controls as a
supplemental means of compliance if we have determined that further
reduction in respirable dust levels cannot be achieved using all
feasible engineering controls. Furthermore, MSHA proposed to assume
responsibility for all compliance sampling for respirable dust in
underground coal mines as required under 30 CFR parts 70 and 90.
However, given significant public comments, MSHA reproposed this rule.
Statement of Need: Respirable coal mine dust levels in this country are
significantly lower than they were two decades ago. Despite this
progress, there continues to be concern about the respirable coal mine
dust sampling program and its effectiveness in maintaining exposure
levels in mines at or below the applicable standard. Our regulations
require that all underground coal mine operators develop and follow a
mine ventilation plan approved by us. The dust control portion of the
mine ventilation plan is the key element of an operator's strategy to
control respirable dust in the work environment. Although such plans
are required to be designed to control respirable dust, there is no
current requirement that provides for verification of each proposed
plan's effectiveness under typical mining conditions. Consequently,
plans may be implemented that may be inadequate to control respirable
dust. Therefore, we proposed to revoke existing operator respirable
dust sampling and to implement new regulations that would require each
underground coal mine operator to have a verified ventilation plan.
MSHA would verify the effectiveness of the mine ventilation plan for
each mechanized mining unit in controlling respirable dust under
typical mining conditions.
Summary of Legal Basis: Promulgation of these regulations is authorized
by
[[Page 30575]]
section 101 of the Federal Mine Safety and Health Act of 1977.
Alternatives: In developing the final rule, we considered alternatives
related to typical production levels, the use of appropriate dust
control strategies, use of supplemental controls for mining entities
other than longwalls, and the level of protection of loose-fitting
powered air purifying respirators (PAPRS) in underground coal mines.
Anticipated Cost and Benefits: Benefits sought are reduced dust levels
over a miner's working lifetime by the elimination of overexposures to
respirable coal mine dust on each and every production shift.
Additional benefits include reduced health care costs and disability
and black lung benefit payments. There would be a cost savings for mine
operators when MSHA completely takes over compliance and abatement
sampling for respirable dust. We developed cost estimates and made them
available for public review.
Risks: Respirable coal mine dust is one of the most serious
occupational hazards in the mining industry. Occupational exposure to
excessive levels of respirable coal mine dust can cause black lung and
silicosis, which are potentially disabling and can cause death. We are
pursuing both regulatory and non-regulatory actions to eliminate these
diseases through the control of coal mine respirable dust levels in
mines and the reduction of miners' exposure.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/07/00 65 FR 42122
Notice of Hearings; Close of
Record 07/07/00 65 FR 42186
Extension of Comment Period;
Close 09/08/00 65 FR 49215
NPRM 03/06/03 68 FR 10784
NPRM Comment Period End 06/04/03
Final Rule 12/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: This rulemaking is related to RIN 1219-AB18
(Determination of
Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, Room 2352,
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AB14
_______________________________________________________________________
1798. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 72
Legal Deadline: None
Abstract: The National Institute for Occupational Safety and Health and
the Mine Safety and Health Administration jointly proposed that a
single, full-shift measurement (single sample) will accurately
represent the atmospheric condition to which a miner is exposed. The
proposed rule addresses the U.S. Court of Appeals' concerns raised in
National Mining Association v. Secretary of Labor, 153 3d 1264 (11th
Cir. 1998). MSHA has supplemented the record with additional data and
reopened the record for comments.
Statement of Need: Respirable coal mine dust levels in this country are
significantly lower than they were over two decades ago. Despite this
progress, there continues to be concern about our current sampling
programs' ability to accurately measure and maintain respirable coal
mine dust exposure at or below the applicable standard on each shift.
For as long as miners have taken coal from the ground, many have
suffered respiratory problems due to their occupational exposures to
respirable coal mine dust. These respiratory problems affect the
current workforce and range from mild impairment of respiratory
function to more severe diseases, such as silicosis and pulmonary
massive fibrosis. For some miners, the impairment of their respiratory
systems is so severe, they die prematurely. Since there is a clear
relationship between a miner's cumulative exposure to respirable coal
mine dust and the severity of the resulting respiratory conditions, it
is imperative that each miner's exposure not exceed the applicable
standard on each and every shift.
Summary of Legal Basis: Promulgation of this regulation is authorized
by section 101 of the Federal Mine Safety and Health Act of 1977.
Alternatives: The requirements of this rule (single sample) will work
in tandem with those of the proposed rule (RIN 1219-AB14) in which MSHA
proposed to verify the effectiveness of ventilation plans as well as
conduct all compliance sampling in underground coal mines. However,
given significant public comments, MSHA will repropose RIN 1219-AB14 -
Verification of Underground Coal Mine Operators' Dust Control Plans and
Compliance Sampling for Respirable Dust.
Anticipated Cost and Benefits: Benefits sought are reduced dust levels
over a miner's working lifetime by the elimination of overexposures to
respirable coal mine dust on each and every production shift.
Additional benefits include reduced health care costs and disability
and black lung benefit payments.
Risks: Respirable coal mine dust is one of the most serious
occupational hazards in the mining industry. Occupational exposure to
excessive levels of respirable coal mine dust can cause workers'
pneumoconiosis and silicosis, which are potentially disabling and can
cause death. We are pursuing both regulatory and nonregulatory actions
to eliminate these diseases through the control of coal mine respirable
dust levels in mines and reduction of miners' exposure.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/07/00 65 FR 42068
Notice of Hearings; Close of
Record 07/07/00 65 FR 42185
Extension of Comment Period;
Close 09/08/00 65 FR 49215
Reopen Record for Comments 03/06/03 68 FR 10940
Reopen Record Comment Period End06/04/03
Final Rule 12/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: This rulemaking is related to RIN 1219-AB14
(Verification of Underground Coal Mine Operators' Dust Control Plans
and Compliance Sampling for Respirable Dust).
[[Page 30576]]
Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, Room 2352,
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AB18
_______________________________________________________________________
1799. ASBESTOS EXPOSURE LIMIT
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813
CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 71
Legal Deadline: None
Abstract: MSHA's permissible exposure limit (PEL) for asbestos applies
to surface (30 CFR part 56) and underground (30 CFR part 57) metal and
nonmetal mines and to surface coal mines and surface areas of
underground coal mines (30 CFR part 71) and is over 20 years old.
Current scientific data indicate that this existing PEL is not adequate
to protect miners' health. MSHA is considering rulemaking to lower the
PEL in order to reduce the risk of miners developing asbestos-induced
occupational disease. A recent report by the Office of the Inspector
General (OIG) recommended that MSHA lower its existing permissible
exposure limit for asbestos to a more protective level, and address
take-home contamination from asbestos. It also recommended that MSHA
use Transmission Electron Microscopy to analyze fiber samples that may
contain asbestos.
Statement of Need: Current scientific data indicate that the existing
asbestos PEL is not protective of miners' health. MSHA's asbestos
regulations date to 1967 and are based on the Bureau of Mines (MSHA's
predecessor) standard of 5 mppcf (million particles per cubic foot of
air). In 1969, the Bureau proposed a 2 mppcf and 12 fibers/ml standard.
This standard was promulgated in 1969. In 1970, the Bureau proposed to
lower the standard to 5 fibers/ml, which was promulgated in 1974. MSHA
issued its current standard of 2 fibers/ml at the end of 1978 for metal
and nonmetal mining (43 FR 54064). Since enactment of the Mine Act,
MSHA has conducted regular inspections at both surface and underground
operations at metal and nonmetal mines. During these inspections, MSHA
routinely takes samples, which are analyzed for compliance with its
standard.
Other Federal agencies have addressed this issue by lowering their PEL
for asbestos. For example, the Occupational Safety and Health
Administration, working in conjunction with the Environmental
Protection Agency, enacted a revised asbestos standard in 1994 that
lowered the permissible exposure limit and the excursion limit to an
eight (8) hour time-weighted average limit of 0.1 fiber per cubic
centimeter of air and to 1.0 fiber per cubic centimeter of air (1 f/cc)
as averaged over a sampling period of thirty (30) minutes. These
lowered limits reflected increased asbestos-related disease risk to
asbestos-exposed workers.
Alternatives: The Agency has increased sampling efforts in an attempt
to determine current miners' exposure levels to asbestos, including
taking samples at all existing vermiculite, taconite, talc, and other
mines to determine whether asbestos is present and at what levels.
Since the spring of 2000, MSHA has taken almost 900 samples at more
than 40 operations employing more than 4,000 miners. During those
sampling events, MSHA staff also discussed with the miners and mine
operators the potential hazards of asbestos and the types of preventive
measures that could be implemented to reduce exposures. The course of
action MSHA takes in addressing asbestos hazards to miners will, in
part, be based on these sampling results.
Anticipated Cost and Benefits: MSHA will develop a preliminary
regulatory economic analysis to accompany any proposed rule that may be
developed.
Risks: There is concern that miners could be exposed to the hazards of
asbestos during mine operations where the ore body contains asbestos.
There is also potential for exposure at facilities in which installed
asbestos-containing material is present. Overexposure to asbestos
causes mesothelioma and other forms of cancers, such as cancers of the
digestive system, as well as asbestosis.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 03/29/02 67 FR 15134
Notice of Public Meetings 03/29/02
Notice of Change to Public
Meetings 04/18/02 67 FR 19140
ANPRM Comment Period End 06/27/02
NPRM 09/00/03
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: The Office of the Inspector General's
``Evaluation of MSHA's Handling of Inspections at the W.R. Grace &
Company Mine in Libby, Montana,'' was issued in March 2001.
Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, Room 2352,
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AB24
_______________________________________________________________________
1800. DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND METAL AND
NONMETAL MINERS
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 57
Legal Deadline: None
Abstract: On January 19, 2001, MSHA published a final rule addressing
diesel particulate matter (DPM) exposure of underground metal and
nonmetal miners. The final rule established new health standards for
underground metal and nonmetal mines that use equipment powered by
diesel engines. The rule establishes an interim concentration limit of
400 micrograms of total carbon per cubic meter of air that became
applicable July 20, 2002, and a final concentration limit of 160
micrograms to become applicable after January 19, 2006. Industry
challenged the January 19, 2001 standard and organized labor intervened
in the litigation. Settlement negotiations with the litigants have
resulted in further regulatory actions on several requirements in the
January 19, 2001 final rule. One regulatory action has been completed.
This new rulemaking will address the remaining issues. MSHA issued an
ANPRM on September
[[Page 30577]]
25, 2002 to obtain additional information and to develop a proposed
rule in 2003.
Statement of Need: As a result of the first partial settlement with the
litigants, MSHA published two documents in the Federal Register on July
5, 2001. One document delayed the effective date of 57.5066(b)
regarding the tagging provisions of the maintenance standard; clarified
the effective dates of certain provisions of the final rule; and gave
correction amendments.
The second document was a proposed rule to clarify 57.5066(b)(1) and
(b)(2) of the maintenance standards and to add a new paragraph (b)(3)
to 57.5067 regarding the transfer of existing diesel equipment from one
underground mine to another underground mine. The final rule on these
issues was published February 27, 2002, and became effective March 29,
2002.
Also as part of the settlement agreement, MSHA agreed to conduct joint
sampling with industry and labor at 31 underground mines to determine
existing concentration levels of DPM; assess the performance of the SKC
sampler with the NIOSH Analytical Method 5040; assess the feasibility
of achieving compliance with the standard's concentration limit at the
31 mines; and, assess the impact of interferences on samples collected
in the metal and nonmetal underground mining environment before the
limits established in the final rule became effective. Sampling and
data analyses have been completed and the final report was issued on
January 6, 2003.
MSHA also agreed to proposed specific changes to the 2001 DPM final
rule. On September 25, 2002, MSHA published an Advance Notice of
Proposed Rulemaking (ANPRM) (67 FR 60199). In response to commenters,
MSHA intends at this time to propose changes only to the interim DPM
standard of 400 micorgrams per cubic meter of air. In a separate
rulemaking, the Agency will propose a rule to revise the final
concentration limit of 160 micrograms per cubic meter of air pursuant
to the DPM settlement agreement. The scope of both rulemakings is
limited to the settlement agreement. The current rulemaking addresses
the following provisions:
57.5060(a) - Propose to change the existing DPM surrogate from total
carbon to elemental carbon; propose that a single personal sample of
miner's exposure would be an adequate basis for MSHA compliance
determinations; and propose the current hierarchy of controls that MSHA
applies in its existing metal and nonmetal exposure based health
standards for abating violations.
57.5060(c) - Propose to adapt to the interim limit the existing
provision that allows mine operators to apply to the Secretary for
additional time to come into compliance with the final concentration
limit. MSHA also agreed to propose to include consideration of economic
feasibility, and to allow for annual renewals of such special
extensions.
57.5060(d) - This existing provision permits miners to engage in
certain activities in concentrations exceeding the interim and final
limits upon application and approval from the Secretary. MSHA asked
commenters if this provision should be removed since the Agency agreed
to propose the existing hierarchy of controls.
57.5060(e) - MSHA agreed to propose to remove the existing prohibition
on the use of personal protective equipment.
57.5060(f) - MSHA agreed to propose to remove the prohibition on the
use of administrative controls.
57.5061(b) - MSHA is proposing to change the reference to total carbon
to elemental carbon.
57.5061(c) - MSHA is proposing to delete the references to ``area''
and ``occupational'' sampling for compliance.
57.5062 - MSHA agreed to propose revisions to the existing diesel
control plan.
MSHA also agreed to propose to change the existing DPM surrogate from
total carbon to elemental carbon for the final limit that is applicable
after January 19, 2006.
Summary of Legal Basis: Promulgation of these regulations is authorized
by sections 101 and 103 of the Federal Mine Safety and Health Act of
1977.
Alternatives: This rulemaking action is a result of the parties'
settlement negotiations. This action will not decrease protection for
miners.
Anticipated Cost and Benefits: MSHA will develop a preliminary economic
analysis to accompany the proposed rule.
Risks: Several epidemiological studies have found that exposure to
diesel exhaust presents potential health risk to the miners. These
potential adverse health effects range from headaches and nausea to
respiratory disease and cancer. In the confined space of the
underground mining environment, occupational exposure to diesel exhaust
may present a greater hazard due to ventilation limitations and the
presence of other airborne contaminants, such as toxic mine dusts or
mine gases. We believe that the health evidence forms a reasonable
basis for reducing miners' exposure to diesel particulate matter.
Proceeding with rulemaking on the provisions discussed above will more
effectively reduce miners exposure to DPM.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/25/02 67 FR 60199
ANPRM Comment Period End 11/25/02
NPRM 07/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, 1100 Wilson
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AB29
[[Page 30578]]
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1801. UNDERGROUND COAL MINE VENTILATION -- SAFETY STANDARDS FOR THE BELT
ENTRY AS AN INTAKE AIR COURSE
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 957; 30 USC 961
CFR Citation: 30 CFR 12; 30 CFR 48; 30 CFR 75
Legal Deadline: None
Abstract: The proposed rule would give a coal mine operator the option
of using air from a belt entry (belt air) in mines with three or more
entries (parallel tunnels), as an intake air course to ventilate
working sections and areas where mechanized mining equipment is being
installed or removed. Current regulations require belt air to be
separated from intake and return air courses for mines opened after
1970, unless a mine operator is granted a petition for modification of
a safety standard (30 CFR 75.350) as set forth in the Federal Mine
Safety and Health Act (Mine Act) of 1977 section 101(c), 30 USC 811(c)
(1998). For three or more entry mines, regardless of the date they were
opened, the proposed rule would supersede the requirements in current
petitions for using belt air as an intake air course and standardize
these requirements for all mines.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/27/88 53 FR 2382
Public Hearing Notice 01/27/03 68 FR 3936
Second NPRM 01/27/03 68 FR 3936
Second NPRM Comment Period End 03/28/03
Final Rule 12/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: In 1988, MSHA published a proposed rule, 53
Fed. Reg. 2382, to
Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, Room 2352,
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AA76
_______________________________________________________________________
1802. TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-MSHA
PRODUCT SAFETY STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 18; 30 CFR 19; 30 CFR 20; 30 CFR 22; 30 CFR 23; 30
CFR 27; 30 CFR 33; 30 CFR 35; 30 CFR 36; 30 CFR 6; 30 CFR 7
Legal Deadline: None
Abstract: The proposed rule contains modifications to MSHA's existing
product approval requirements for use of products in gassy underground
mines. MSHA currently issues product approvals from MSHA's Approval and
Certification Center after MSHA tests and evaluates the products based
on regulations in 30 CFR parts 7 through 36. The proposed rule would
establish alternative requirements for the testing and evaluation of
products for MSHA approval. It would permit manufacturers who seek MSHA
product approval to use an independent laboratory to perform the
necessary product testing and evaluation in lieu of it being performed
by MSHA. It also would allow MSHA product approval to be based on
equivalent non-MSHA product safety standards.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/30/94 59 FR 61376
NPRM 02/13/95 60 FR 8209
Public Hearing Notice 10/10/95 60 FR 52640
Notice to Reschedule Public
Hearing 04/09/96 61 FR 15743
Comment Period End 04/09/96
Public Hearing Notice 10/17/02 67 FR 64196
Second NPRM 10/17/02 67 FR 64196
Second NPRM Comment Period End 12/31/02
Final Rule 09/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, Room 2352,
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AA87
_______________________________________________________________________
1803. IMPROVING AND ELIMINATING REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 811; 30 USC 957
CFR Citation: 30 CFR 1 to 199
Legal Deadline: None
Abstract: This rulemaking will revise text in the CFR to reduce burden
or duplication, and to streamline requirements. We have reviewed our
current regulations and identified provisions that are outdated,
redundant, unnecessary, or otherwise require change. We will be making
these changes through notice and comment rulemaking where necessary. We
will also consider new regulations that reflect ``best practices'' in
the mining industry. We view this effort to be evolving and ongoing and
will continue to accept recommendations from the public. We are
considering the following issues for direct final and/or proposed
rulemaking: updating the 1985 SAE seat belt standard to the current
1997 standard; addressing compliance burdens for small mines; reducing
paperwork approval burden for sanitary toilet facilities; and allowing
the use of spring-loaded locking devices on battery-powered machines,
rather than padlocks.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM: Phase 5 Methane Testing 09/26/02 67 FR 60611
NPRM Comment Period End 11/25/02
NPRM 01/22/03 68 FR 2941
Direct Final Rule: Phase 10-
Spring 01/22/03 68 FR 2879
Notice of Withdrawal Direct
Final Rule: Phase 10 03/07/03 68 FR 10965
NPRM: Phase 6 - Seatbelts 04/21/03 68 FR 19474
NPRM: Phase 9 - Sanitary 04/21/03 68 FR 19477
Direct Final Rule: Phase 6-Seat 04/21/03 68 FR 19344
Direct Final Rule: Phase 9-
Sanitary 04/21/03 68 FR 19347
Final Rule: Phase 5 - Methane
Testing 06/00/03
Final Rule: Phase 10 - Spring-
Loaded Locks 07/00/03
Direct Final Rule: Phase 8-Small09/00/03
Regulatory Flexibility Analysis Required: Yes
[[Page 30579]]
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: The following information should be added in
the Timetable for
Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, Room 2352,
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AA98
_______________________________________________________________________
1804. [bull] EMERGENCY EVACUATION; EMERGENCY TEMPORARY STANDARD
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 75.1501; 30 CFR 75.1502
Legal Deadline: None
Abstract: The Mine Safety and Health Administration (MSHA) issued an
Emergency Temporary Standard (ETS) under the Federal Mine Safety and
Health Act of 1977 (Mine Act), section 101(b) in response to the grave
danger that underground coal miners are exposed to during mine fires,
explosions, and gas or water inundation emergencies. The recent deaths
of 14 miners at two underground coal mines demonstrate the need for
MSHA to address proper training and mine emergency evacuation
procedures. Under the Mine Act, the ETS effective as of December 12,
2002, acts as a proposed rule. MSHA will conduct public hearings and
accept written comments. The Mine Act requires that the Secretary
promulgate a final rule no later than 9 months after publication of the
ETS as provided for under section 101(b) of the Mine Act.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/12/02 67 FR 76658
NPRM Comment Period End 01/13/03
Post Hearing Comment End 02/28/03
Final Rule 09/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, 1100 Wilson
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
RIN: 1219-AB33
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1805. CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES
Priority: Info./Admin./Other
Legal Authority: 30 USC 957; PL 104-134 Debt Collection Improvement Act
of 1996.
CFR Citation: 30 CFR 100
Legal Deadline: None
Abstract: This final rule will revise the Mine Safety and Health
Administration's MSHA) statutory penalties found in section 110 of the
Mine Act and the specific penalty amounts established in 30 CFR Part
100 as mandated by the Debt Collection Improvement Act of 1996 (DCIA).
The DCIA required that civil penalties be increased by up to 10 percent
within 6 months of its enactment. This was last accomplished by a final
rule published in the Federal Register, 77 FR 20032, April 22, 1998. It
also required subsequent increases at least once every 4 years using a
formula based on the Consumer Price Index.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Rule 02/10/03 68 FR 6609
Direct Final Rule Comment Period
End 03/12/03
Direct Final Rule Effective 04/11/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, 1100 Wilson
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov
Related RIN: Related To 1219-AB03
RIN: 1219-AB32
[[Page 30580]]
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Office of the Assistant Secretary for Administration and Management
(OASAM)
_______________________________________________________________________
1806. NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS AND ACTIVITIES
RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF LABOR
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6101 et seq, Age Discrimination Act of 1975
CFR Citation: 29 CFR 35
Legal Deadline: NPRM, Judicial, September 10, 1979, Publication is
required within 90 days of submission to HHS of final rule within 120
days of NPRM.
Abstract: The proposed regulatory action implements the Age
Discrimination Act of 1975 (the Act). The Act prohibits discrimination
on the basis of age in programs or activities receiving Federal
financial assistance. The Age Act also contains specific exceptions
that permit the use of certain age distinctions and factors other than
age that meet the Age Act's requirements. This NPRM will be the third
republication of an NPRM published on June 10, 2002, with updates to
reflect the passage of the Workforce Investment Act of 1998 and to add
the term ``program or activity'' as it is defined in the Civil Rights
Restoration Act of 1987. These changes do not alter the substance of
the NPRM.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/29/98 63 FR 71714
NPRM Comment Period End 03/01/99
Second NPRM 06/10/02 67 FR 39829
Second NPRM Comment Period End 08/09/02
Third NPRM 06/00/03
Third NPRM Comment Period End 08/00/03
Final Rule 12/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State, Local, Tribal
Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center,
Department of Labor, Office of the Assistant Secretary for
Administration and Management, Room N4123, 200 Constitution Avenue NW,
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: civilrightscenter@dol.gov
RIN: 1291-AA21
_______________________________________________________________________
1807. DEPARTMENT OF LABOR ACQUISITION REGULATIONS
Priority: Info./Admin./Other
Legal Authority: 40 USC 486(C); 5 USC 301
CFR Citation: 48 CFR 2900 to 2999
Legal Deadline: None
Abstract: The Department of Labor's Acquisition Regulations are being
completely revised in order to reflect the significant changes made to
the Federal Acquisition Regulation over the last 17 years, as well as
organizational changes within DOL.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/00/03
Direct Final Rule 07/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Jeffrey D. Saylor, Management Services, Department of
Labor, Office of the Assistant Secretary for Administration and
Management, 200 Constitution Avenue NW., Room N5425, FP Building,
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov
RIN: 1291-AA34
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Office of the Assistant Secretary for Administration and Management
(OASAM)
_______________________________________________________________________
1808. EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND
IMPLEMENTATION OF SECTION 504 OF THE REHABILITATION ACT OF 1973
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 794; 42 USC 2000(d)
CFR Citation: 29 CFR 31; 29 CFR 32
Legal Deadline: None
Abstract: This proposal would incorporate into 29 CFR parts 31 and 32
the term ``program or activity'' and the definition of that term as it
was defined in the Civil Rights Restoration Act of 1987. Part 31
effectuates title VI of the Civil Rights Act of 1964, which prohibits
discrimination on the basis of race, color, or national origin in
programs or activities that receive financial assistance from the
Department of Labor. Part 32 implements section 504 of the
Rehabilitation Act of 1973, which prohibits discrimination on the basis
of disability in programs or activities that receive financial
assistance from the Department of Labor. The publication of this rule
is being coordinated by the Department of Justice and will be published
as part of a Governmentwide issuance.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/06/00 65 FR 76460
NPRM Comment Period End 01/05/01
Final Action 09/00/03
Final Action Effective 10/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State, Local, Tribal
Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center,
Department of Labor, Office of the Assistant Secretary for
Administration and Management, Room N4123, 200 Constitution Avenue NW,
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: civilrightscenter@dol.gov
RIN: 1291-AA31
[[Page 30581]]
_______________________________________________________________________
1809. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) 29 CFR 98
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c); 41 USC 701; 5 USC 301
CFR Citation: 29 CFR 94; 29 CFR 98
Legal Deadline: None
Abstract: This document proposed substantive changes and amendments to
the Governmentwide nonprocurement common rule for debarment and
suspension and the Governmentwide rule implementing the Drug-Free
Workplace Act of 1988. The most significant changes are: (1) This
proposed common rule on debarment and suspension would limit the
mandatory lower tier application of an exclusion to the first
procurement level under a nonprocurement covered transaction; (2) This
proposed common rule on debarment and suspension would set the dollar
threshold on prohibited lower-tier procurement transactions with
excluded persons at $25,000; (3) Both this proposed rule on debarment
and suspension and the proposed rule on drug-free workplace
requirements would eliminate the mandate for agencies and participants
to obtain written certifications from awardees or persons with whom
they propose to enter into covered transactions. The proposed rules
will allow agencies and participants the flexibility to use other means
if they so choose, such as award conditions or electronic access to the
GSA List on the Internet, to enforce compliance with the rules; and (4)
The proposed rule on drug-free workplace requirements would be
separated from this proposed rule on debarment and suspension. The
drug-free workplace requirements currently are in subpart F of the
debarment and suspension nonprocurement common rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/23/02 67 FR 3265
NPRM Comment Period End 03/25/02
Final Rule 06/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Additional Information: Lead agencies are developing responses to the
comments submitted
Agency Contact: Jeffrey D. Saylor, Management Services, Department of
Labor, Office of the Assistant Secretary for Administration and
Management, 200 Constitution Avenue NW., Room N5425, FP Building,
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov
RIN: 1291-AA33
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Office of the Assistant Secretary for Administration and Management
(OASAM)
_______________________________________________________________________
1810. IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY
REQUIREMENTS OF THE WORKFORCE INVESTMENT ACT OF 1998
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 2938 Workforce Investment Act
CFR Citation: 29 CFR 37
Legal Deadline: Final, Statutory, August 7, 1999.
Abstract: The Workforce Investment Act of 1998 (WIA) was signed into
law by President Clinton on August 7, 1998. Section 188 prohibits
discrimination by recipients of financial assistance under title I of
WIA on the grounds of race, color, national origin, sex, age,
disability, religion, political affiliation or belief, and for
beneficiaries only, participant status, and against certain
noncitizens. Section 188(e) requires that the Secretary of Labor issue
regulations necessary to implement section 188 not later than one year
after the date of the enactment of the WIA. Such regulations will
include standards for determining compliance and procedures for
enforcement that are consistent with the acts referred to in section
188(a)(1), as well as procedures to ensure that complaints filed under
section 188 and such acts are processed in a manner that avoids
duplication of effort. The reauthorization of WIA is currently under
consideration by the Congress. It may include amendments to the
nondiscrimination provisions contained in section 188 that would
directly impact these regulations. A final rule will be issued after
congressional action on the reauthorization of WIA.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 11/12/99 64 FR 61692
Interim Final Rule Comment
Period 12/13/99
Second Interim Final Rule To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State, Local, Tribal
Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center,
Department of Labor, Office of the Assistant Secretary for
Administration and Management, Room N4123, 200 Constitution Avenue NW,
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: civilrightscenter@dol.gov
RIN: 1291-AA29
_______________________________________________________________________
1811. GRANTS AND AGREEMENTS
Priority: Other Significant
Legal Authority: PL 105-277
CFR Citation: 29 CFR 95
Legal Deadline: None
Abstract: The Department is joining with other Federal agencies to
establish revised regulations for grants. Congress included a two-
sentence provision in OMB's appropriation for fiscal year 1999,
contained in Public Law 105-277, directing OMB to revise section 95.36
of Circular A-110 ``to require Federal awarding agencies to ensure that
all data produced under an award will be made available to the public
through the procedures established under the Freedom of Information
Act.'' Circular
[[Page 30582]]
A-110 applies to grants and cooperative agreements with institutions of
higher education, hospitals, and nonprofit institutions, from all
Federal agencies. OMB finalized the revision on September 30, 1999 (64
FR 54926). This interim final rule amends the agencies' codification of
Circular A-110 so they reflect OMB's recent action.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 03/16/00 65 FR 14405
Interim Final Rule Effective 04/17/00
Interim Final Rule Comment
Period 05/15/00
Final Rule To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: HHS is the lead agency and will coordinate the
next action with
Agency Contact: Jeffrey D. Saylor, Management Services, Department of
Labor, Office of the Assistant Secretary for Administration and
Management, 200 Constitution Avenue NW., Room N5425, FP Building,
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov
RIN: 1291-AA30
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Office of the Assistant Secretary for Administration and Management
(OASAM)
_______________________________________________________________________
1812. AUDITS OF STATES, LOCAL GOVERNMENTS, AND NONPROFIT ORGANIZATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 31 USC 7501 Single Audit Act Amendments of 1996; OMB
Circular A-110; OMB Circular A-133
CFR Citation: 29 CFR 99
Legal Deadline: None
Abstract: Title 29 CFR part 99 created ``Audits of States, Local
Governments, and Non-Profit Organizations'' as a new regulation which
codifies the revised Office of Management and Budget (OMB) Circular A-
133 in its entirety. The Single Audit Act Amendments of 1996 (Pub.L.
104-156, 110 Stat. 136) and the June 24, 1997, revision of OMB Circular
A-133, ``Audits of States, Local Governments, and Non-Profit
Organizations,'' required agencies to adopt in codified regulations the
standards in the revised OMB Circular A-133 by August 29, 1997, so that
they will apply to audits of fiscal years beginning after June 30,
1996. The revised OMB Circular A-133 co-located audit requirements for
States, local governments, and nonprofit organizations. As a
consequence, the OMB rescinded OMB Circular A-128, ``Audits of States
and Local Governments.'' On August 29, 1997, the Department of Labor
amended its grants common rules at 29 CFR 95 and 29 CFR 97 in
accordance with OMB guidance.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 03/25/99 64 FR 14537
Interim Final Rule Effective 03/25/99
Interim Final Rule Comment
Period 05/24/99 64 FR 14537
Final Rule 04/02/03 68 FR 16162
Final Rule Effective 05/02/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions, Organizations
Government Levels Affected: State, Local
Agency Contact: Jeffrey Saylor, Management Services, Department of
Labor, Office of the Assistant Secretary for Administration and
Management, 200 Constitution Avenue NW, N5425, FP Building, Washington,
DC 20210
Phone: 202 693-7285
Fax: 202 693-7290
Email: oasamregcomments@dol.gov
RIN: 1291-AA26
_______________________________________________________________________
1813. AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS
Priority: Info./Admin./Other
Legal Authority: 31 USC 7500 et seq; OMB Circular A-133
CFR Citation: 29 CFR 96
Legal Deadline: None
Abstract: This rule revises title 29 of the Code of Federal Regulations
(CFR) part 96 ``Audit Requirements for Grants, Contracts, and Other
Agreements'' to update references to the revised Office of Management
and Budget (OMB) Circular A-133, which is simultaneously codified in 29
CFR part 99 and to consolidate various other provisions to ensure
consistency and continuity.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 03/25/99 64 FR 14537
Interim Final Rule Effective 03/25/99
Interim Final Rule Comment
Period 05/24/99 64 FR 14537
Final Rule 04/02/03 68 FR 16162
Final Rule Effective 05/02/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State, Local
Agency Contact: Jeffrey D. Saylor, Management Services, Department of
Labor, Office of the Assistant Secretary for Administration and
Management, 200 Constitution Avenue NW., Room N5425, FP Building,
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov
RIN: 1291-AA27
[[Page 30583]]
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1814. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING
OCCUPATIONAL ILLNESS: CHROMIUM)
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: In July 1993, the Occupational Safety and Health
Administration (OSHA) was petitioned for an emergency temporary
standard (ETS) to reduce the permissible exposure limit (PEL) for
occupational exposures to hexavalent chromium CrVI. The Oil, Chemical,
and Atomic Workers International Union (OCAW) and Public Citizen's
Health Research Group (HRG) petitioned OSHA to promulgate an ETS to
lower the PEL for CrVI compounds to 0.5 micrograms per cubic meter of
air (ug/m3) as an eight-hour, time-weighted average (TWA). The current
PEL in general industry is a ceiling value of 100 ug/m3, measured as
CrVI and reported as chromic anhydride (CrO3). The amount of CrVI in
the anhydride compound equates to a PEL of 52 ug/m3. This ceiling limit
applies to all forms of CrVI, including chromic acid and chromates,
lead chromate, and zinc chromate. The current PEL for CrVI in the
construction industry is 100 ug/m3 as a TWA PEL, which also equates to
a PEL of 52 ug/m3. After reviewing the petition, OSHA denied the
request for an ETS and initiated a section 6(b)(5) rulemaking.
OSHA began collecting data and performing preliminary analyses relevant
to occupational exposure to CrVI. However, in 1997, OSHA was sued by
HRG for unreasonable delay in issuing a final CrVI standard. The 3rd
Circuit, U.S. Court of Appeals ruled in OSHA's favor and the Agency
continued its data collection and analytic efforts on CrVI. In 2002,
OSHA was sued again by HRG for continued unreasonable delay in issuing
a final CrVI standard. In August, 2002 OSHA published a Request for
Information on CrVI to solicit additional information on key issues
related to controlling exposures to CrVI and on December 4, 2002 OSHA
announced its intent to proceed with developing a proposed standard. On
December 24, 2002, the 3rd Circuit, U.S. Court of Appeals ruled in
favor of HRG and ordered the Agency to proceed expeditiously with a
CrVI standard.
The major illnesses associated with occupational exposure to CrVI are
lung cancer and dermatoses. OSHA estimates that approximately one
million workers are exposed to CrVI on a regular basis in all
industries. The major uses of CrVI are: as a structural and anti-
corrosive element in the production of stainless steel, ferrochromium,
iron and steel, and in electroplating, welding and painting.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 08/22/02 67 FR 54389
Comment Period End 11/20/02
Initiate SBREFA Process 01/00/04
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB45
_______________________________________________________________________
1815. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING
SUFFOCATION/EXPLOSIONS IN CONFINED SPACES
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1926.36
Legal Deadline: None
Abstract: In January 1993, OSHA issued a general industry rule to
protect employees who enter confined spaces (29 CFR 1910.146). This
standard does not apply to the construction industry because of
differences in the nature of the worksite in the construction industry.
In discussions with the United Steel Workers of America on a settlement
agreement for the general industry standard, OSHA agreed to issue a
proposed rule to extend confined-space protection to construction
workers appropriate to their work environment. OSHA intends to issue a
proposed rule addressing this construction industry hazard next year.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Panel Report 09/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Russell B. Swanson, Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, Room N3468, 200 Constitution Avenue NW, FP Building,
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.gov
RIN: 1218-AB47
_______________________________________________________________________
1816. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW)
Priority: Other Significant
Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610
CFR Citation: 29 CFR 1910.1047
Legal Deadline: None
Abstract: OSHA has undertaken a review of the ethylene oxide (ETO)
standard in accordance with the requirements of the Regulatory
Flexibility Act and section 5 of EO 12866. The review has considered
the continued need for the rule, the impacts of the rule, comments on
the rule received from the public, the complexity of the rule, whether
the rule overlaps, duplicates or conflicts with other Federal, State or
local regulations, and the degree to which technology, economic
conditions or other factors may have changed since the rule was last
evaluated. The Agency's findings with respect to this review will be
published in a report available to the public in 2003.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 10/01/96
End Review 12/00/03
[[Page 30584]]
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John F. Martonik, Evaluation, Department of Labor,
Occupational Safety and Health Administration, Room N3641, 200
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov
RIN: 1218-AB60
_______________________________________________________________________
1817. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL
PROTECTIVE EQUIPMENT
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR
1926 subpart V; 29 CFR 1926.97
Legal Deadline: None
Abstract: Electrical hazards are a major cause of occupational death in
the United States. The annual fatality rate for power line workers is
about 50 deaths per 100,000 employees. The construction industry
standard addressing the safety of these workers during the construction
of electric power transmission and distribution lines is over 30 years
old. OSHA is developing a revision of this standard that will prevent
many of these fatalities, add flexibility to the standard, and update
and streamline the standard. OSHA also intends to amend the
corresponding standard for general industry so that requirements for
work performed during the maintenance of electric power transmission
and distribution installations are the same as those for similar work
in construction. In addition, OSHA will be revising a few miscellaneous
general industry requirements primarily affecting electric transmission
and distribution work, including provisions on electrical protective
equipment and foot protection. This rulemaking will also address fall
protection in aerial lifts for power generation, transmission and
distribution work. The proposed rule is currently in the SBREFA
process.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Report 07/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB67
_______________________________________________________________________
1818. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA
Priority: Economically Significant. Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29
CFR 1926
Legal Deadline: None
Abstract: Crystalline silica is a significant component of the earth's
crust, and many workers in a wide range of industries are exposed to
it, usually in the form of respirable quartz or, less frequently,
cristobalite. Chronic silicosis is a uniquely occupational disease
resulting from exposure of employees over long periods of time (10
years or more). Exposure to high levels of respirable crystalline
silica causes acute or accelerated forms of silicosis that are
ultimately fatal. The current OSHA permissible exposure limit (PEL) for
general industry is based on a formula recommended by the American
Conference of Governmental Industrial Hygienists (ACGIH) in 1971
[PEL=10mg/cubic meter/(%silica + 2), as respirable dust]. The current
PEL for construction and maritime (derived from ACGIH's 1962 Threshold
Limit Value) is based on particle counting technology, which is
considered obsolete. NIOSH and ACGIH recommend a 50ug/m3 exposure limit
for respirable crystalline silica.
Both industry and worker groups have recognized that a comprehensive
standard for crystalline silica is needed to provide for exposure
monitoring, medical surveillance, and worker training. The American
Society of Testing Materials (ASTM) recently published a final
recommended standard to address the hazards of crystalline silica. The
Building Construction Trades Department of the AFL-CIO has also
developed a recommended comprehensive program standard. These standards
include provisions for methods of compliance, exposure monitoring,
training, and medical surveillance.
In developing a proposed standard, OSHA is currently considering
several options ranging from proposing comprehensive standards
simultaneously for general industry, construction, and maritime, to
focusing the proposal on one or more specific issues, such as
modernizing the construction and maritime PELs or standardizing
sampling and employee exposures. OSHA is continuing to coordinate
closely with the Mine Safety and Health Administration (MSHA) and the
National Institute for Occupational Safety and Health (NIOSH) in
collecting and developing information for a proposed standard.
Statement of Need: Over 2 million workers are exposed to crystalline
silica dust in general industry, construction and maritime industries.
Industries that could be particularly affected by a standard for
crystalline silica include: foundries, industries that have abrasive
blasting operation, paint manufacture, glass and concrete product
manufacture, brick making, china and pottery manufacture, manufacture
of plumbing fixtures, and many construction activities including
highway repair, masonry, concrete work, rock drilling, and
tuckpointing. The seriousness of the health hazards associated with
silica exposure is demonstrated by the fatalities and disabling
illnesses that continue to occur. Between 1990 and 1996, 200 to 300
deaths per year are known to have occurred where silicosis was
identified on death certificates as an underlying or contributing
cause. It is likely that many more cases have occurred where silicosis
went undetected. In addition, the International Agency for Research on
Cancer (IARC) has designated crystalline silica as a known human
carcinogen. Exposure to crystalline silica has also been associated
with an increased risk of developing
[[Page 30585]]
tuberculosis and other nonmalignant, renal and autoimmune respiratory
diseases. Exposure studies and OSHA enforcement data indicate that some
workers continue to be exposed to levels of crystalline silica far in
excess of current exposure limits. Congress has recently included
compensation of silicosis victims on Federal nuclear testing sites in
the Energy Employees' Occupational Illness Compensation Program Act of
2000. There is a particular need for the Agency to modernize its
exposure limits for construction and maritime, and to address some
specific issues that will need to be resolved to propose a
comprehensive standard.
Summary of Legal Basis: The legal basis for the proposed rule is a
preliminary determination that workers are exposed to a significant
risk of silicosis and other serious disease and that rulemaking is
needed to substantially reduce the risk. In addition, the proposed
rulemaking will recognize that the PELs for construction and maritime
are outdated and need to be revised to reflect current sampling and
analytical technologies.
Alternatives: Over the past several years, the Agency has attempted to
address this problem through a variety of nonregulatory approaches,
including initiation of a Special Emphasis Program on silica in October
1997, sponsorship with NIOSH and MSHA of the National Conference to
Eliminate Silicosis, and dissemination of guidance information on its
Web site. OSHA has determined that rulemaking is a necessary step to
ensure that workers are protected from the hazards of crystalline
silica. The Agency is currently evaluating several options for the
scope of the rulemaking.
Anticipated Cost and Benefits: The scope of the proposed rulemaking is
still under development, and estimates of the costs and benefits have
not yet been developed.
Risks: A detailed risk analysis has not yet been completed for this
rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Initiate SBREFA Process 06/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB70
_______________________________________________________________________
1819. [bull] IONIZING RADIATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.109
Legal Deadline: None
Abstract: OSHA is considering amending 29 CFR 1910.1096 that addresses
exposure to ionizing radiation. The OSHA regulations were published in
1974, with only minor revisions since that time. The Department of
Energy and the Nuclear Regulatory Commission both have more extensive
radiation standards that reflect new technological and safety advances.
In addition, radiation is now used for a broader variety of purposes,
including health care, food safety, mail processing, and baggage
screening. OSHA is in the process of reviewing information about the
issue, and will determine the appropriate course of action regarding
this standard when the review is completed.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information (RFI) 10/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AC11
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1820. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON
RESPIRATORY PROTECTION
Priority: Other Significant
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910.134
Legal Deadline: None
Abstract: In January 1998, OSHA published the final Respiratory
Protection standard (29 CFR 1910.134), except for reserved provisions
on assigned protection factors (APFs) and maximum use concentrations
(MUCs). APFs are numbers that describe the effectiveness of the various
classes of respirators in reducing employee exposure to airborne
contaminants (including particulates, gases, vapors, biological agents,
etc.). Employers, employees, and safety and health professionals use
APFs to determine the type of respirator to protect the health of
employees in various hazardous environments. Maximum use concentrations
establish the maximum airborne concentration of a contaminant in which
a respirator with a given APF may be used.
Currently, OSHA relies on the APFs developed by NIOSH in the 1980s
unless OSHA has assigned a different APF in a substance-specific health
standard. However, many employers follow the more recent APFs published
in the industry consensus standard, ANSI Z88.2-1992. For some classes
of respirators, the NIOSH and ANSI APFs vary greatly.
When OSHA published the final Respiratory Protection standard in 1998,
it reserved for later rulemaking those provisions of the standard
dealing with APFs and MUCs. This rulemaking
[[Page 30586]]
action will complete the 1998 standard, reduce compliance confusion
among employers, and provide employees with consistent and appropriate
respiratory protection.
Statement of Need: About 5 million employees wear respirators as part
of their regular job duties. Due to inconsistencies between the APFs
found in the current industry consensus standard (ANSI Z88.2-1992) and
in the NIOSH Respirator Decision Logic, employers, employees, and
safety and health professionals are often uncertain about what
respirator to select to provide protection against hazardous air
contaminants. Several industry and professional groups have asked OSHA
to proceed with this rulemaking to resolve these inconsistencies and
provide reliable protection of employees' health in cases where
respirators must be worn.
Summary of Legal Basis: The legal basis for this proposed rule is the
determination that assigned protection factors and maximum use
concentrations are necessary to complete the final Respiratory
Protection standard and provide the full protection of that standard.
Alternatives: OSHA has considered allowing the current situation to
continue, in which OSHA generally enforces NIOSH APFs but many
employers follow the more recent consensus standard APFs. However,
allowing the continuation of this situation results in inconsistent
enforcement, lack of guidance for employers, and the potential for
inadequate employee protection.
Anticipated Cost and Benefits: Estimates of the costs and benefits have
been completed and will be provided when the NPRM is published.
Risks: The preamble to the final Respiratory Protection rule (63 FR
1270, Jan. 8, 1998) discusses the significance of the risks potentially
associated with the use of respiratory protection. No independent
finding of significant risk will be made for the APF rulemaking, since
it only addresses a single provision of the larger rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 05/14/82 47 FR 20803
ANPRM Comment Period End 09/13/82
NPRM 11/15/94 59 FR 58884
Final Rule 01/08/98 63 FR 1152
Final Rule Effective 04/08/98
NPRM 05/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State, Local, Tribal, Federal
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AA05
_______________________________________________________________________
1821. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918) --
REOPENING OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS))
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 655(b); 33 USC 941
CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85
Legal Deadline: None
Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62
FR 40142). However, in that rule, the Agency reserved provisions
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve
the lifting of two or more empty intermodal containers, secured
together with twist locks, at the same time. OSHA has continued to work
with national and international organizations to gather additional
information on the safety of VTLs. The Agency is preparing an NPRM to
address safety issues related to VTLs.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/06/94 59 FR 28594
NPRM Comment Period End 09/23/94
Final Rule on Longshoring/Marine07/25/97 62 FR 40142
Public Meeting on VTLs - 1/27/
1998 10/09/97 62 FR 52671
Second NPRM 06/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AA56
_______________________________________________________________________
1822. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 33 USC 941
CFR Citation: 29 CFR 1915 subpart F
Legal Deadline: None
Abstract: During the 1980s, OSHA initiated a project to update and
consolidate the various OSHA shipyard standards that were applied in
the shipbuilding, ship repair, and shipbreaking industries. Publication
of a proposal addressing general working conditions in shipyards is
part of this project. The operations addressed in this rulemaking
relate to general working conditions such as housekeeping,
illumination, sanitation, first aid, and lockout/tagout. About 100,000
workers are potentially exposed to these hazards annually.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB50
[[Page 30587]]
_______________________________________________________________________
1823. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS
(1910) (SLIPS, TRIPS, AND FALL PREVENTION)
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655 (b)
CFR Citation: 29 CFR 1910 subparts D and I
Legal Deadline: None
Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip,
trip, and fall hazards and establishing requirements for personal fall
protection systems. Since that time, new technologies and procedures
have become available to protect employees from these hazards. The
Agency has been working to update these rules to reflect current
technology. OSHA is publishing a notice to re-open the rulemaking for
comment on a number of issues raised in the record for the NPRM, or
related to technological advances. OSHA is updating its regulatory
analysis as well.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/10/90 55 FR 13360
NPRM Comment Period End 08/22/90
Hearing 09/11/90 55 FR 29224
Reopening of Record 05/00/03
Comment Period End 08/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB80
_______________________________________________________________________
1824. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910, subpart Z; 29 CFR 1910.1001 to 1910.1052; 29
CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 1910.261; 29 CFR
1910.265; 29 CFR 1910.410; 29 CFR 1917.92; 29 CFR 1926.1101; 29 CFR
1926.1127; 29 CFR 1926.1129; 29 CFR 1926.60; 29 CFR 1926.62
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration (OSHA) is
proposing to remove or revise provisions in its health standards that
are out of date, duplicative, unnecessary, or inconsistent. The Agency
is proposing these changes to reduce the burden imposed on the
regulated community by these requirements. In this document,
substantive changes are proposed for standards that will revise or
eliminate duplicative, inconsistent, or unnecessary regulatory
requirements without diminishing employee protections. Phase I of this
Standards Improvement process was completed in June 1998 (63 FR 33450).
OSHA plans to initiate Phase III of this project at a future date to
address problems in various safety and health standards.
Statement of Need: Some of OSHA's standards are out of date,
duplicative, unnecessary, or inconsistent. The Agency needs to
periodically review its standards and make needed corrections. This
effort results in standards that are easier for employers and employees
to follow and comply with, and thus enhances compliance and worker
protection.
Summary of Legal Basis: The legal basis for the proposed rule is a
preliminary finding that the OSHA standards need to be updated to bring
them up to date, reduce inconsistency, and remove unneeded provisions.
Alternatives: OSHA has considered updating each standard as problems
are discovered, but has determined that it is better to make such
changes to groups of standards so it is easier for the public to
comment on like standards. OSHA has also considered the inclusion of
safety standards that need to be updated. However, the Agency has
decided to pursue a separate rulemaking for safety issues because the
standards to be updated are of interest to different stakeholders.
Anticipated Cost and Benefits: This revision of OSHA's standards is a
deregulatory action. It will reduce employers' compliance obligations.
Risks: The project does not address specific risks, but is intended to
improve OSHA's standards by bringing them up do date and deleting
unneeded provisions. The anticipated changes will have no negative
effects on worker safety and health.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/31/02 67 FR 66493
NPRM Comment Period End 12/20/02
NPRM Comment Period Extended 01/08/03 68 FR 1023
Second NPRM Comment Period End 01/30/03
Public Hearing 07/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB81
_______________________________________________________________________
1825. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910 subpart S
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration (OSHA) is
planning to revise and update its 29 CFR 1910 subpart S-Electrical
Standards. OSHA will rely heavily on the 2000 edition of the National
Fire Protection Association's (NFPA's) 70 E standard for Electrical
Safety Requirements for Employee Workplaces. This revision will provide
the first update of General Industry-Electrical Standard since it was
originally published in 1981. OSHA intends to complete this project in
several stages. The first stage will cover design safety standards for
electrical
[[Page 30588]]
systems, while the second stage will cover safety-related maintenance
and work practice requirements and safety requirements for special
equipment. It will thus allow the latest technological developments to
be considered. Several of these state-of-the-art safety developments
will be addressed by OSHA for the first time.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/00/03
NPRM Comment Period End 07/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB95
_______________________________________________________________________
1826. CONTROLLED NEGATIVE PRESSURE FIT TESTING PROTOCOL: AMENDMENT TO
THE FINAL RULE ON RESPIRATORY PROTECTION
Priority: Info./Admin./Other
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910.134
Legal Deadline: None
Abstract: In January 1998, OSHA published the final Respiratory
Protection standard (29 CFR 1910.134). In the final revised respirator
standard, OSHA set up a mechanism for OSHA's acceptance of new fit test
protocols under Mandatory Appendix A. Any person may submit to OSHA an
application for approval of a new fit test protocol, and if the
application meets certain criteria, OSHA will initiate a rulemaking
proceeding under 6(b)(7) of the OSH Act to determine whether to list
the new protocol as an approved fit test protocol in Appendix A. OSHA
has been petitioned to allow the use of a modified Controlled Negative
Pressure (CNP) fit test protocol.
Employers, employees, and safety and health professionals use fit
testing to select respirators. Currently OSHA relies on fit testing
methods specified in Appendix A of the final revised Respiratory
Protection standard.
When OSHA published the final Respiratory Protection standard in 1998,
it allowed for later rulemaking on new fit test methods. This
rulemaking action will allow for the incorporation of new fit test
methods into 1910.134.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/00/03
NPRM Comment Period End 08/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State, Local, Tribal, Federal
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AC05
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1827. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.1035
Legal Deadline: None
Abstract: In 1993, the Labor Coalition to Fight TB in the Workplace
petitioned the Occupational Safety and Health Administration (OSHA) to
develop an occupational health standard to protect workers who care for
or oversee patients or others with active tuberculosis (TB) against the
transmission of TB. After reviewing the available information, OSHA
preliminarily concluded that a significant risk of occupational
transmission of TB exists for some workers in some work settings and
began rulemaking on a proposed standard. Examples of workers at risk of
contracting TB as a result of their work are health care workers,
detention facility personnel, and homeless shelter employees. On
October 17, 1997, OSHA published its proposed standard for occupational
exposure to TB (62 FR 54160). The proposed standard would require
employers to protect TB-exposed workers using infection control
measures that have been shown to be highly effective in reducing or
eliminating work-related TB infections. Such measures include
procedures for the early identification of individuals with infectious
TB, isolation of individuals with infectious TB using appropriate
ventilation, use of respiratory protection in certain situations, and
skin testing and training of employees.
After the close of the written comment period for the proposed
standard, informal public hearings were held in Washington, DC, Los
Angeles, CA, New York City, NY, and Chicago, IL. The post-hearing
comment period closed on October 5, 1998. On June 17, 1999, OSHA
reopened the rulemaking record for 90 days to submit the Agency's
report on homeless shelters and certain other documents that became
available to the Agency after the close of the post-hearing comment
period. During this limited reopening of the rulemaking record, OSHA
also requested interested parties to submit comments and data on the
Agency's preliminary risk assessment in order to obtain the best, most
recent data for providing the most accurate estimates of the
occupational risk of tuberculosis. OSHA has now decided to withdraw the
TB rulemaking.
At the request of Congress, the Institute of Medicine of the National
Academy of Sciences (IOM) conducted a study of OSHA's proposal and the
need for a TB standard. That study was completed in January 2001, and
concluded that OSHA should move forward with a standard modeled after
[[Page 30589]]
the CDC guidelines and tailored to the extent of TB risk present in the
community. The IOM study concluded that an OSHA standard was needed to
maintain national TB rates among health care and other employees at
their current levels and to prevent future outbreaks of multidrug
resistant and other forms of TB among these workers. OSHA reopened the
record to obtain comment on the IOM study, the draft final risk
assessment and the peer reviewers' comment on the risk assessment. The
Agency has decided to withdraw the proposal.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Panel 09/10/96
NPRM 10/17/97 62 FR 54160
NPRM Comment Period End 02/17/98 62 FR 65388
Post Hearing Comment End 10/05/98
Record Reopening 06/17/99 64 FR 32447
Second Reopening Comment Period
End 06/28/99 64 FR 34625
Reopening Comment Period End 08/02/99
Third Reopening Comment Period 01/24/02 67 FR 3465
Extension of Comment Period of 03/05/02 67 FR 9934
Reopening Comment Period End 03/25/02
Comment Period End 05/24/02
To Be Withdrawn 09/00/03
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: State, Local, Tribal, Federal
Federalism: This action may have federalism implications as defined in
EO 13132.
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB46
_______________________________________________________________________
1828. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P)
(SHIPYARDS: FIRE SAFETY)
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655
CFR Citation: 29 CFR 1915, subpart P
Legal Deadline: None
Abstract: The rule will update and revise an important but outdated
part of OSHA's shipyard rules. The original rule was adopted by OSHA in
1971 and has remained unchanged since then. A negotiated rulemaking
committee was convened on October 15, 1996. Members of the committee
included: OSHA, State government, Federal agency, small and large
shipyard employers, and maritime and firefighter union representatives.
The committee completed work in February 2002, and recommended proposal
requirements to OSHA. The Agency has published an NPRM based on their
recommendations.
Statement of Need: Fires in the shipyard environment may cause death
and serious injuries in this 100,000-employee workforce. Updating
OSHA's outdated shipyard requirements for fire extinguishers, sprinkler
systems, detection systems, alarm systems, and fire brigades will
facilitate compliance by employers and employees and reduce these fire-
related injuries and fatalities.
Summary of Legal Basis: The legal basis for this proposed rule is a
preliminary determination that an unacceptable risk of fire-related
injuries and fatalities exists in the shipyard industry.
Alternatives: OSHA has considered but rejected the alternative of
allowing the existing rule to remain in place, because the Agency
believes that doing so would contribute to the unacceptable number of
fire-related accidents occurring in shipyards every year.
Anticipated Cost and Benefits: The Agency has estimated annual costs of
the NPRM to be $4.3 million, and that there will be cost savings of
$6.2 million, in addition to avoiding fatalities and injuries.
Risks: The Agency has estimated that compliance with the NPRM would
avoid one fatality and 110 lost workday injuries annually.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/11/02 67 FR 76213
Comment Period End 03/11/03
Final Rule 12/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB51
_______________________________________________________________________
1829. COMMERCIAL DIVING OPERATIONS: REVISION
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.423; 29 CFR 1910.426
Legal Deadline: None
Abstract: OSHA's Commercial Diving Operations standard (29 CFR 1910.401
to 1910.441) was published in 1977. In the intervening years, major
changes in the technology of diving systems and equipment have
occurred. In December 1999, OSHA granted a permanent variance to Dixie
Divers, Inc., permitting recreational diving instructors employed by
that company to comply with the provisions of the variance rather than
with paragraphs (b)(2) and (c)(3)(iii) of 1910.423 and paragraph (b)(1)
of 1910.426. Since OSHA granted the variance, other employers of
recreational diving instructors have asked OSHA to clarify the
applicability of the variance to their operations. OSHA published a
notice of proposed rulemaking to amend the commercial diving operations
standard to reflect the alternative specified in the permanent variance
granted to Dixie Divers, Inc.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/10/03 68 FR 1399
[[Page 30590]]
Comment Period End 04/10/03
Final Rule 09/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB97
_______________________________________________________________________
1830. PRESENCE SENSING DEVICE INITIATION OF MECHANICAL POWER PRESSES
(SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 651 et seq; 5 USC 610
CFR Citation: 29 CFR 1910.217(h), app A,B,C
Legal Deadline: None
Abstract: OSHA will undertake a review of the Agency's Presence Sensing
Device Initiation of Mechanical Power Presses rule (29 CFR 1910.217) in
accordance with the requirements of the Regulatory Flexibility Act and
section 5 of Executive Order 12866. The review will consider among
other things, the need for the rule, the impacts of the rule, public
comments on the rule, the complexity of the rule, and whether the rule
overlaps, duplicates, or conflicts with other regulations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 12/01/01
Request for Comments 08/28/02 67 FR 55181
Comment Period End 01/27/03
End Review 03/00/04
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: John F. Martonik, Evaluation, Department of Labor,
Occupational Safety and Health Administration, Room N3641, 200
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov
RIN: 1218-AC03
_______________________________________________________________________
1831. OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING
REQUIREMENTS
Priority: Other Significant
Legal Authority: 29 USC 553; 29 USC 657
CFR Citation: 29 CFR 1904.10; 29 CFR 1904.12; 29 CFR 1904.29(b)(7)(vi)
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration (OSHA)
issued a final rule on Occupational Injury and Illness Recording and
Reporting Requirements (66 FR 5916, January 19,2001), scheduled to
become effective on January 1, 2002. Following a thorough regulatory
review, the Agency determined that all but two provisions of the final
rule, regarding the recording of occupational hearing (1904.10) and
musculoskeletal disorders (MSDs) (1904.12), would take effect as
scheduled (66 FR 35113, July 3, 2001). Following notice and comment,
OSHA published a final rule delaying the effective dates for sections
1904.10, 1910.12 and a note to 1904.29(b)(7)(vi) until January 1, 2003.
The same final rule provided interim guidance on recording hearing loss
and MSD cases during 2002 (66 FR 52031, October 12, 2001).
OSHA issued a final 1904.10 regulation setting recording criteria for
occupational hearing loss (67 FR 44037, July 1, 2002), and
simultaneously issued a proposal to delay the requirements for checking
a separate hearing loss column on the 300 Log, as well as an additional
one-year delay for the 1904.12 MSD requirements (67 FR 44124, July 1,
2002). The final rule on hearing loss and delay of the effective date
was published in December of 2002. OSHA is continuing to reconsider the
300 Log column for MSDs, and for defining ``musculoskeletal disorders''
for recordkeeping purposes. OSHA will issue a final rule to deal with
these injury and illness recording issues for the years 2004 and
beyond.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/03/01 66 FR 35113
NPRM Comment Period End 09/04/01
Final Rule 10/12/01 66 FR 52031
NPRM 07/01/02 67 FR 44124
Final Rule 07/01/02 67 FR 44037
NPRM Comment Period End 08/30/02
Final Rule 12/17/02 67 FR 77165
Final Rule 06/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AC06
_______________________________________________________________________
1832. [bull] PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER
SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF
2002
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: 18 USC 1514A
CFR Citation: 29 CFR 1980
Legal Deadline: None
Abstract: The Sarbanes Oxley Act of 2002, Public Law 107-204 was
enacted July 30, 2002. Among other provisions, title VIII, entitled the
Corporate and Criminal Fraud Accountability Act of 2002, provides
protection for employees of publicly traded companies who provide
evidence of fraud to any Federal law enforcement agency, members of
Congress, or a person with supervisory authority over the employee.
This rule establishes procedures and time frames for the handling of
complaints under the Act.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 05/00/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
[[Page 30591]]
Agency Contact: John Robert Spear, Director, Office of Investigative
Assistance, Department of Labor, Occupational Safety and Health
Administration, Rm 3603, 200 Constitution Ave., NW, Washington, DC
20210
Phone: 202 693-2187
Fax: 202 693-1681
Email: john.spear@osha-no.osha.gov
RIN: 1218-AC10
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1833. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR
ACETATES: PROTECTING REPRODUCTIVE HEALTH
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 651; 29 USC 655; 29 USC 657
CFR Citation: 29 CFR 1910.1000; 29 CFR 1910.1031
Legal Deadline: None
Abstract: OSHA published an advance notice of proposed rulemaking
(ANPRM) on April 2, 1987 (52 FR 10586). OSHA used the information
received in response to the ANPRM, as well as other information and
analysis, and published a proposal on March 23, 1993 (58 FR 15526),
that would reduce the permissible exposure limits for four glycol
ethers and provide protection for approximately 46,000 workers exposed
to these substances. OSHA re-opened the record to collect updated
information to help determine what action should be taken.
OSHA is planning to withdraw this regulation in September 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 04/02/87 52 FR 10586
ANPRM Comment Period End 07/31/87
NPRM 03/23/93 58 FR 15526
NPRM Comment Period End 06/07/93
Reopen Record 08/08/02 67 FR 51524
Comment Period End 11/06/02
To Be Withdrawn 09/00/04
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AA84
_______________________________________________________________________
1834. OCCUPATIONAL EXPOSURE TO BERYLLIUM
Priority: Economically Significant. Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency
temporary standard by the Paper Allied-Industrial, Chemical, and Energy
Workers Union, Public Citizen Health Research Group and others. The
Agency denied the petitions but stated its intent to begin data
gathering efforts to collect needed information on beryllium's
toxicity, risks, and patterns of usage.
On November 26, 2002, OSHA published a Request for Information (RFI)
(67 FR 70707) to solicit information pertinent to occupational exposure
to beryllium including: current exposures to beryllium; the
relationship between exposure to beryllium and the development of
adverse health effects; exposure assessment and monitoring methods;
exposure control methods; and medical surveillance. In addition, the
Agency conducted field surveys of selected work sites to assess current
exposures and control methods being used to reduce employee exposures
to beryllium. OSHA will use this information to assist the Agency in
determining an appropriate course of action regarding occupational
exposure to beryllium. While the Agency continues to review the
information, it appears that the SBREFA process could be initiated by
September 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 11/26/02 67 FR 70707
Initiate SBREFA Process 09/00/04
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB76
_______________________________________________________________________
1835. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT
Priority: Other Significant
Legal Authority: 29 USC 655(b); 29 USC 657; 33 USC 941; 40 USC 333
CFR Citation: 29 CFR 1910.132; 29 CFR 1915.152; 29 CFR 1917.96; 29 CFR
1918.106; 29 CFR 1926.95
Legal Deadline: None
Abstract: Generally, OSHA standards require that protective equipment
(including personal protective equipment (PPE)) be provided and used
when necessary to protect employees from hazards that can cause them
injury, illness, or physical harm. In this discussion, OSHA uses the
abbreviation ``PPE'' to cover both personal protective equipment and
other protective equipment. The Agency continues to consider how to
address this issue.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/30/99 64 FR 15401
NPRM Comment Period End 06/14/99
Informal Public Hearing End 08/13/99
Next Action Undetermined
[[Page 30592]]
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: State, Local, Federal
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB77
_______________________________________________________________________
1836. HEARING CONSERVATION PROGRAM FOR CONSTRUCTION WORKERS
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1926.52
Legal Deadline: None
Abstract: OSHA issued a section 6(b)(5) health standard mandating a
comprehensive hearing conservation program for noise-exposed workers in
general industry in 1983. However, no rule was promulgated to cover
workers in the construction industry. A number of recent studies have
shown that many construction workers experience work-related hearing
loss. In addition, the use of engineering, administrative and personal
protective equipment to reduce exposures to noise is not extensive in
this industry. OSHA published an advance notice of proposed rulemaking
to gather information on the extent of noise-induced hearing loss among
workers in different trades in this industry, current practices to
reduce this loss, and additional approaches and protections that could
be used to prevent such loss in the future. The Agency is reviewing the
comments received and other information to determine the appropriate
course of action, but expects that an NPRM could be published in
September 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/05/02 67 FR 50610
Comment Period End 11/04/02
NPRM 09/00/04
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AB89
_______________________________________________________________________
1837. CRANES AND DERRICKS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1926
Legal Deadline: None
Abstract: Subpart N addresses hazards associated with various types of
hoisting equipment used at construction sites. Such equipment includes
cranes and derricks. The existing rule, which dates back to 1971, is
based in part on industry consensus standards from 1958, 1968, and
1969. There have been considerable technological changes since those
consensus standards were developed. Industry consensus standards for
derricks and for crawler, truck and locomotive cranes were updated as
recently as 1995.
A cross-section of the industry has asked OSHA to update subpart N.
OSHA has determined that the existing rule needs to be revised.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice Establishing Negotiated 07/16/02 67 FR 46612
Comment Period End 09/16/02
Request for Comments 02/27/03 68 FR 9036
Request for Comment Period End 03/31/03 68 FR 9036
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Russell B. Swanson, Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, Room N3468, 200 Constitution Avenue NW, FP Building,
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.gov
RIN: 1218-AC01
_______________________________________________________________________
1838. EXCAVATIONS (SECTION 610 REVIEW)
Priority: Other Significant
Legal Authority: 29 USC 651 et seq; 5 USC 610
CFR Citation: 29 CFR 1926.650 to 1926.652
Legal Deadline: None
Abstract: OSHA will undertake a review of the Agency's trenching and
excavations standard (29 CFR 1926.650 to 1926.652) in accordance with
the requirements of the Regulatory Flexibility Act and section 5 of
Executive Order 12866. The review will consider the continued need for
the rule, the impacts of the rule, public comments on the rule, the
complexity of the rule, and whether the rule overlaps, duplicates, or
conflicts with other regulations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 12/01/01
Request for Comments 08/21/02 67 FR 54103
Comment Period End 11/19/03
End Review 09/00/04
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: John F. Martonik, Evaluation, Department of Labor,
Occupational Safety and Health Administration, Room N3641, 200
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov
RIN: 1218-AC02
_______________________________________________________________________
1839. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARD
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 655(b)
[[Page 30593]]
CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29
CFR 1926
Legal Deadline: None
Abstract: Under section 6(a) of the OSH Act, during the first two years
of the Act, the Agency was directed to adopt national consensus
standards as OSHA standards. Some of these standards were adopted as
regulatory text, while others were incorporated by reference. In the
thirty years since these standards were adopted by OSHA, the
organizations responsible for these consensus standards have issued
updated versions of these standards. However, in most cases, OSHA has
not revised its regulations to reflect later editions of the consensus
standards. OSHA standards also continue to incorporate by reference
various consensus standards that are now outdated and, in some cases,
out of print.
The Agency is now considering the possibility of initiating rulemaking
to update some of these standards. In that regard, OSHA has asked
various consensus standards organizations to review their standards,
compare the latest versions of these standards to the ones currently
adopted by OSHA, and determine which ones are most important for OSHA
to update. Additionally, OSHA has asked them to consider whether the
changes to these standards would be noncontroversial, and if the new
versions would reduce risk. The organizations were enthusiastic about
the possibility of updating references to their standards, and they
have provided considerable information on priorities and other related
issues. OSHA is in the process of evaluating the information it has
received in order to determine the best way to proceed. It is possible
that a direct final rule may be appropriate to address some of these
standards, and others may be more appropriately addressed by an NPRM.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/04
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AC08
_______________________________________________________________________
1840. EXPLOSIVES
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.109
Legal Deadline: None
Abstract: OSHA is considering amending 29 CFR 1910.109 that addresses
explosives and blasting agents. These OSHA regulations were published
in 1974, and many of the provisions do not reflect technological and
safety advances made by the industry since that time. Additionally, the
standard contains outdated references and classifications. Two trade
associations representing many of the employers subject to this rule
have petitioned the Agency to consider revising it, and have
recommended changes they believe address the concerns they are raising.
OSHA is in the process of reviewing the petition and related
information about the issue, and will determine the appropriate course
of action regarding this standard when the review is completed. OSHA
expects to publish an NPRM by July 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/04
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Standards and
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building,
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
RIN: 1218-AC09
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________