<DOC>
[April 24, 2006 (Volume 71, Number 78)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua060413.wais]
[Page 22896-22941]
Department of Labor
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Part XIII
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Semiannual Regulatory Agenda
[[Page 22896]]
DEPARTMENT OF LABOR (DOL)
_______________________________________________________________________
DEPARTMENT OF LABOR
Office of the Secretary
20 CFR Chs. I, IV, V, VI, VII, and IX
29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV
30 CFR Ch. I
41 CFR Ch. 60
48 CFR Ch. 29
Semiannual Agenda of Regulations
AGENCY: Office of the Secretary, Labor.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: This document sets forth the Department's semiannual agenda of
regulations that have been selected for review or development during
the coming year. The Department's agencies have carefully assessed
their available resources and what they can accomplish in the next 12
months and have adjusted their agendas accordingly.
     The agenda complies with the requirements of both Executive
Order 12866 and the Regulatory Flexibility Act. The agenda lists
all regulations that are expected to be under review or development
between April 2006 and April 2007, as well as those completed
during the past 6 months.
FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-2312,
Washington, DC 20210; (202) 693-5959.
Note: Information pertaining to a specific regulation can be obtained
from the agency contact listed for that particular regulation.
SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory
Flexibility Act require the semiannual publication in the Federal
Register of an agenda of regulations. As permitted by law, the
Department of Labor is combining the publication of its agendas under
the Regulatory Flexibility Act and Executive Order 12866.
     Executive Order 12866 became effective September 30, 1993,
and, in substance, requires the Department of Labor to publish an
agenda listing 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, which became effective on
January 1, 1981, requires the Department of Labor to publish an
agenda, listing all the regulations it expects to propose or
promulgate that are likely to have a ``significant economic impact
on a substantial number of small entities'' (5 U.S.C. 602).
     The Regulatory Flexibility Act (under section 610) also
requires agencies to periodically review rules ``which have or will
have a significant economic impact upon a substantial number of
small entities'' and to annually publish a list of the rules that
will be reviewed during the succeeding 12 months. The purpose of
the review is to determine whether the rule should be continued
without change, amended, or rescinded.
     The next 12-month review list for the Department of Labor is
provided below and public comment is invited on the listing. A
brief description of each rule, the legal basis for the rule, and
the agency contact are provided with each agenda item.
Occupational Safety and Health Administration
     Excavations (RIN 1218-AC02)
     Lead in Construction (RIN 1218-AC18)
Employee Benefits Security Administration
     Plan Assets-Participant Contributions Regulations (RIN 1210-
AB11)
     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--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1910        Production or Disclosure of Information or Materials..................................    1290-AA17
----------------------------------------------------------------------------------------------------------------
                               Employment Standards Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1911        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB44
----------------------------------------------------------------------------------------------------------------
                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1912        Amendments to the Fair Labor Standards Act............................................    1215-AB13
[[Page 22897]]
1913        Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision    1215-AB35
1914        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB57
----------------------------------------------------------------------------------------------------------------
                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1915        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB46
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
1916        Standards of Conduct for Federal Sector Labor Organizations...........................    1215-AB48
1917        Labor Organization Officer and Employee Reports.......................................    1215-AB49
1918        Claims for Compensation Under the Energy Employees Occupational Illness Compensation      1215-AB51
            Program Act of 2000, as Amended.......................................................
1919        Affirmative Action and Nondiscrimination Obligations of Contractors and                   1215-AB53
            Subcontractors; Equal Opportunity Survey..............................................
1920        Labor Organization Annual Financial Trust Reports: Form T-1...........................    1215-AB54
1921        Airline Employee Protection Program...................................................    1215-AB55
----------------------------------------------------------------------------------------------------------------
                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1922        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models...............................
1923        Union Organization and Voting Rights: Criteria for Characterizing a Labor Organization    1215-AB50
            as a Local, Intermediate, or National or International Labor Organization.............
1924        Union Officials: Guidelines for Fiduciary Responsibilities Under Section 501(a) of the    1215-AB52
            Labor-Management Reporting and Disclosure Act.........................................
----------------------------------------------------------------------------------------------------------------
                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1925        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB24
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
----------------------------------------------------------------------------------------------------------------
                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1926        Revision to the Department of Labor Benefit Regulations for Trade Adjustment              1205-AB32
            Assistance for Workers Under the Trade Act of 1974, as Amended........................
1927        Revision to the Department of Labor Regulations for Petitions and Determinations of       1205-AB40
            Eligibility To Apply for Trade Adjustment Assistance for Workers and Issuance of
            Regulations for the Alternative TAA...................................................
1928        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB42
            Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program
            Integrity.............................................................................
----------------------------------------------------------------------------------------------------------------
[[Page 22898]]
                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1929        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure      1205-AB18
            of Information in State UC Records....................................................
1930        Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States....    1205-AB36
1931        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB37
            Backlog Reduction.....................................................................
1932        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1205-AB38
            1B Visas in Specialty Occupations and as Fashion Models; Labor Attestations Re H-1B1
            Visas for Chile and Singapore (Section 610 Review)....................................
1933        Federal-State Unemployment Compensation Program; Eligibility..........................    1205-AB41
1934        Labor Conditions Applications for E-3 Visas in Specialty Occupations for Australian       1205-AB43
            Non-immigrants........................................................................
----------------------------------------------------------------------------------------------------------------
                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1935        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as              1205-AB27
            Registered Nurses.....................................................................
1936        Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in           1205-AB39
            Specialty Occupations and as Fashion Models; Filing Procedures........................
----------------------------------------------------------------------------------------------------------------
                            Employee Benefits Security Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1937        Independence of Accountant............................................................    1210-AB09
1938        Plan Assets-Participant Contributions Regulation (610 Review) (Section 610 Review)....    1210-AB11
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                         Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1939        Amendment of Regulation Relating to Definition of Plan Assets--Participant                1210-AB02
            Contributions.........................................................................
1940        Revision of the Form 5500 Series and Implementing Regulations.........................    1210-AB06
1941        Amendment of Section 404(c) Regulation--Disclosure....................................    1210-AB07
1942        Amendment of Standards Applicable to General Statutory Exemption for Services.........    1210-AB08
1943        Section 404 Regulation--Safe Harbor for Default Investments...........................    1210-AB10
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                           Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1944        Health Care Standards for Mothers and Newborns........................................    1210-AA63
1945        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health         1210-AA77
            Status................................................................................
1946        Rulemaking Relating to Termination of Abandoned Individual Account Plans..............    1210-AA97
1947        Voluntary Fiduciary Correction Program................................................    1210-AB03
1948        Electronic Filing of Annual Reports...................................................    1210-AB04
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[[Page 22899]]
                          Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1949        Adequate Consideration................................................................    1210-AA15
1950        Regulations Implementing the Health Care Access, Portability, and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........
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                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1951        Prohibited Transaction Exemption Procedures...........................................    1210-AA98
1952        Annual Funding Notice for Multiemployer Plans.........................................    1210-AB00
1953        Civil Penalty for Failure To Provide Section 302 Notice...............................    1210-AB01
----------------------------------------------------------------------------------------------------------------
                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1954        Equivalency Evaluation of the U.S. Environmental Protection Agency's Nonroad Diesel       1219-AB43
            Engine Standards......................................................................
1955        Underground Mine Rescue Equipment and Technology......................................    1219-AB44
1956        Proximity Detection System for Continuous Mining Machines.............................    1219-AB49
----------------------------------------------------------------------------------------------------------------
                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1957        High-Voltage Continuous Mining Machine Standard for Underground Coal Mines............    1219-AB34
1958        Revising Electrical Product Approval Regulations......................................    1219-AB37
1959        Field Modifications of Permissible Mobile Diesel-Powered Equipment....................    1219-AB39
1960        Use of or Impairment From Alcohol and Other Drugs on Mine Property....................    1219-AB41
1961        Criteria and Procedures for Proposed Assessment of Civil Penalties....................    1219-AB51
----------------------------------------------------------------------------------------------------------------
                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1962        Asbestos Exposure Limit...............................................................    1219-AB24
1963        Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners...........    1219-AB29
1964        Fire Extinguishers in Underground Coal Mines..........................................    1219-AB40
1965        Evaluation of International Electrotechnical Commission's Standards for Explosion-        1219-AB42
            Proof Enclosures......................................................................
1966        Emergency Mine Evacuation.............................................................    1219-AB46
----------------------------------------------------------------------------------------------------------------
                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1967        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance        1219-AB14
            Sampling for Respirable Dust..........................................................
1968        Determination of Concentration of Respirable Coal Mine Dust...........................    1219-AB18
1969        Respirable Crystalline Silica Standard................................................    1219-AB36
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[[Page 22900]]
                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1970        Improving and Eliminating Regulations.................................................    1219-AA98
1971        Training Standards for Shaft and Slope Construction Workers at Underground Mines......    1219-AB35
1972        Part 5--Fees for Testing, Evaluation, and Approval of Mining Products.................    1219-AB38
----------------------------------------------------------------------------------------------------------------
             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1973        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the         1291-AA29
            Workforce Investment Act of 1998......................................................
1974        Grants and Agreements.................................................................    1291-AA30
----------------------------------------------------------------------------------------------------------------
                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1975        Occupational Exposure to Crystalline Silica...........................................    1218-AB70
1976        Occupational Exposure to Beryllium....................................................    1218-AB76
1977        Cranes and Derricks...................................................................    1218-AC01
1978        Excavations (Section 610 Review)......................................................    1218-AC02
1979        Emergency Response and Preparedness...................................................    1218-AC17
1980        Lead in Construction (Section 610 Review).............................................    1218-AC18
1981        Standards Improvement.................................................................    1218-AC19
1982        Hazard Communication..................................................................    1218-AC20
1983        Notice on Supplier's Declaration of Conformity (SDoC).................................    1218-AC21
1984        Revision and Update of Standards for Power Presses....................................    1218-AC22
----------------------------------------------------------------------------------------------------------------
                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1985        Confined Spaces in Construction (Part 1926): Preventing Suffocation/ Explosions in        1218-AB47
            Confined Spaces.......................................................................
1986        General Working Conditions for Shipyard Employment....................................    1218-AB50
1987        Electric Power Transmission and Distribution; Electrical Protective Equipment.........    1218-AB67
1988        Updating OSHA Standards Based on National Consensus Standards.........................    1218-AC08
1989        Explosives............................................................................    1218-AC09
----------------------------------------------------------------------------------------------------------------
                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1990        Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection...    1218-AA05
1991        Longshoring and Marine Terminals (Parts 1917 and 1918)--Reopening of the Record           1218-AA56
            (Vertical Tandem Lifts (VTLs))........................................................
1992        Employer Payment for Personal Protective Equipment....................................    1218-AB77
1993        Revision and Update of Subpart S--Electrical Standards................................    1218-AB95
1994        NFPA Standards in Shipyard Fire Protection............................................    1218-AC16
1995        New York State Plan--Certification....................................................    1218-AC24
1996        Procedures for Handling Discrimination Complaints Under Federal Employee Protection       1218-AC25
            Statutes..............................................................................
----------------------------------------------------------------------------------------------------------------
[[Page 22901]]
                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1997        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,       1218-AB80
            and Fall Prevention)..................................................................
1998        Hearing Conservation Program for Construction Workers.................................    1218-AB89
1999        Ionizing Radiation....................................................................    1218-AC11
----------------------------------------------------------------------------------------------------------------
                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2000        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:            1218-AB45
            Chromium).............................................................................
2001        Slip Resistance of Skeletal Structural Steel..........................................    1218-AC14
2002        Rollover Protective Structures; Overhead Protection...................................    1218-AC15
----------------------------------------------------------------------------------------------------------------
          Office of the Assistant Secretary for Veterans' Employment and Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2003        Jobs for Veterans Act of 2002: Contract Threshold and Eligibility Groups for Federal      1293-AA12
            Contractor Program....................................................................
----------------------------------------------------------------------------------------------------------------
           Office of the Assistant Secretary for Veterans' Employment and Training--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2004        Uniformed Services Employment and Reemployment Rights Act Regulations.................    1293-AA09
2005        Notice of Rights, Benefits, and Obligations Under the USERRA..........................    1293-AA14
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Office of the Secretary (OS)
_______________________________________________________________________
1910. 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                            03/30/04                    69 FR 16740
NPRM Comment Period End         05/14/04
Final Action                    04/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Joseph Plick, FOIA Counsel, Department of Labor, 200
Constitution Avenue NW., Room N2428 - FP Building, Washington, DC 20210
Phone: 202 693-5527
Email: plick.joseph@dol.gov
RIN: 1290-AA17
[[Page 22902]]
_______________________________________________________________________
Department of Labor (DOL)                                 Prerule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________
1911. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 203(1)
CFR Citation: 29 CFR 570
Legal Deadline: None
Abstract: The Department of Labor is considering possible revisions to
the hazardous occupations orders that may be undertaken to address
recommendations of the National Institute for Occupational Safety and
Health (NIOSH) in its May 2002 report to the Department on the Fair
Labor Standards Act child labor regulations (available at http://
www.youthrules.dol.gov/resources.htm). This Advance Notice of Proposed
Rulemaking seeks additional data and public input to supplement the
conclusions and recommendations on certain of the Hazardous Orders
contained in the NIOSH report for consideration in subsequent
rulemaking actions that may be undertaken. This Advance Notice of
Proposed Rulemaking is related to a separate Notice of Proposed
Rulemaking (see Related RIN: 1215-AB57).
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           07/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected:  Businesses, Governmental Jurisdictions
Government Levels Affected: Local, State
Federalism:  Undetermined
URL For Public Comments:
www.regulations.gov
Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour
Division, Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
Related RIN: Related to 1215-AB57
RIN: 1215-AB44
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________
1912. 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
Abstract: Small Business Job Protection Act of 1996 (H.R. 3448) enacted
on August 20, 1996 (Pub. L. 104-188, title II) amended the Portal-to-
Portal Act (PA) and the Fair Labor Standards Act (FLSA). The 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) Increased the
$4.25 Federal minimum hourly wage in two steps to $5.15 on September 1,
1997; (2) provided 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. Other updates will address
needed clarifications to additional sections of the regulations,
including sections affected by Public Law 106-151, section 1 (Dec. 9,
1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2002), 114 Stat.
308.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            11/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal, Local, State
URL For Public Comments:
http://www.regulations.gov
Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour
Division, Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB13
_______________________________________________________________________
1913. FAMILY AND MEDICAL LEAVE ACT OF 1993; CONFORM TO THE SUPREME
COURT'S RAGSDALE DECISION
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
[[Page 22903]]
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.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            06/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected:  Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Undetermined
Federalism:  Undetermined
Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour
Division, Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB35
_______________________________________________________________________
1914. <bullet> CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS
OF INTERPRETATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)
CFR Citation: 29 CFR 570
Legal Deadline: None
Abstract: The Department of Labor continues to review the Fair Labor
Standards Act child labor provisions to ensure that the implementing
regulations provide job opportunities for working youth that are
healthy and safe and not detrimental to their education, as required by
the statute (29 U.S.C. Sections 203(l), 212(c), 213(c), and 216(e)).
This proposed rule will update the regulations to reflect statutory
amendments enacted in 2004, and will propose, among other updates,
revisions to address several recommendations of the National Institute
for Occupational Safety and Health (NIOSH) in its 2002 report to the
Department of Labor on the child labor Hazardous Occupations Orders
(HOs) (available at http://www.youthrules.dol.gov/resources.htm). This
Notice of Proposed Rulemaking is related to a separate Advance Notice
of Proposed Rulemaking (see Related RIN: 1215-AB44) that requests
additional data and public input to supplement the conclusions and
recommendations on certain of the HOs contained in the NIOSH report for
consideration in additional possible revisions that may be undertaken
in subsequent rulemaking actions.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected:  Businesses, Governmental Jurisdictions
Government Levels Affected: Local, State
Federalism:  Undetermined
Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour
Division, Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB57
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________
1915. 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; 29 USC 793; EO 11758
CFR Citation: 41 CFR 60-300
Legal Deadline: None
Abstract: The Office of Federal Contract Compliance Programs (OFCCP)
proposes to create a new regulation implementing the Vietnam Era
Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, to conform
to the Jobs for Veterans Act (JVA). JVA amended VEVRAA in four ways.
First, JVA raised contract coverage from $25,000 to $100,000. Second,
JVA 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, JVA changed
the definition of ``recently separated veteran'' to include ``any
veteran during the three-year period beginning on the date of such
[[Page 22904]]
veteran's discharge or release from active duty.'' Fourth, JVA changed
``Special Disabled Veterans'' to ``Disabled Veterans,'' expanding the
coverage to conform to 38 USC section 4211(3). This proposal will also
increase the AAP threshold from $50,000 to $100,000 and will make other
changes to the regulations. The VEVRAA Final Rule implementing the
Veterans Employment Opportunities Act of 1998 and Veterans Benefits
Health Care Improvement Act of 2000 at 41 CFR 60-250 is RIN 1215-AB24.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            01/20/06                     71 FR 3351
NPRM Comment Period End         03/28/06
Final Action                    11/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: James C. Pierce, Acting Deputy Director, Div. of
Policy, Planning & Program Development, OFCCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., Room
N3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: ofccp-public@dol.gov
Related RIN: Related to 1215-AB24
RIN: 1215-AB46
_______________________________________________________________________
1916. STANDARDS OF CONDUCT FOR FEDERAL SECTOR LABOR ORGANIZATIONS
Priority: Other Significant
Legal Authority: 5 USC 7120
CFR Citation: 29 CFR 458.4 (New)
Legal Deadline: None
Abstract: This rulemaking action will revise the regulations
implementing the standards of conduct for Federal sector unions under
the Civil Service Reform Act of 1978 (CSRA). Under the CSRA standards
of conduct provisions, the implementing regulations are to conform to
the principles applied to private sector unions. Accordingly, the
implementing regulations generally follow the provisions of the Labor-
Management Reporting and Disclosure Act of 1959, as amended (LMRDA).
However, the standards of conduct regulations do not include one
important provision of the LMRDA which requires unions to inform their
members of the provisions of the statute. The proposed rule would amend
the standards of conduct regulations to include this important
provision.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            11/03/04                    69 FR 64221
NPRM Comment Period End         01/03/05
Final Action                    05/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Organizations
Government Levels Affected: None
Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports and
Disclosure, Office of Labor-Management Standards, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: olms-public@dol.gov
RIN: 1215-AB48
_______________________________________________________________________
1917. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
Priority: Other Significant
Legal Authority: 29 USC 432, 438
CFR Citation: 29 CFR 404.3
Legal Deadline: None
Abstract: This rulemaking action will revise Form LM-30, the report
filed by labor organization officers and employees who have engaged in
certain transactions or received certain payments from employers and
businesses. The proposed revision would clarify a number of ambiguities
in the current instructions.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/29/05                    70 FR 51166
NPRM Comment Period End         10/28/05
NPRM Comment Period Extended to
01/26/2006                      10/24/05                    70 FR 61400
Final Action                    06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
URL For More Information:
www.olms.dol.gov
Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports and
Disclosure, Office of Labor-Management Standards, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: olms-public@dol.gov
RIN: 1215-AB49
_______________________________________________________________________
1918. 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 7384d(a); 42 USC 7385s-10(e); EO 13179
CFR Citation: 20 CFR 1; 20 CFR 30
Legal Deadline: None
Abstract: The regulations govern how the Office of Workers'
Compensation Programs (OWCP) administers the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended
(EEOICPA), 42 U.S.C. 7384 et seq. Since July 31, 2001, OWCP has
administered the provisions of Part B of the EEOICPA that were not
assigned to the Secretary of Health and Human Services, to the
Secretary of Energy, or to the Attorney General by EO 13179. Part B of
the EEOICPA provides for the payment of lump-sum compensation and
medical benefits to Department of Energy employees and certain of its
contractors and subcontractors (or their survivors) who sustained an
occupational illness due to exposure to radiation, beryllium or silica.
Part B also provides for medical benefits and a supplemental lump-sum
payment to awardees under section 5 of the Radiation Exposure
Compensation Act (RECA), 42 U.S.C. 2210 (note).
On October 28, 2004, the President signed legislation repealing former
Part D of the EEOICPA that had been administered by the Secretary of
Energy
[[Page 22905]]
and creating a new Part E, which provides for the payment of additional
monetary compensation (based on permanent impairment and/or wage loss)
and medical benefits for DOE contractor employees (or their survivors)
and uranium miners, millers and ore transporters covered by section 5
of the RECA (or their survivors) who sustained a covered illness due to
exposure to a toxic substance while working at a DOE facility, or a
uranium mine or mill covered under section 5 of RECA. Responsibility
for administration of Part E of the EEOICPA was assigned to the
Secretary of Labor.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              06/08/05                    70 FR 33590
Interim Final Rule Comment
Period End                      08/08/05
Interim Final Rule Effective    06/08/05
Final Action                    12/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Peter Turcic, Director, Division of Energy Employees
Occupational Illness Compensation, OWCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room C-3321, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: turcic.peter@dol.gov
RIN: 1215-AB51
_______________________________________________________________________
1919. <bullet> AFFIRMATIVE ACTION AND NONDISCRIMINATION
OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS; EQUAL OPPORTUNITY SURVEY
Priority: Other Significant
Legal Authority: EO 11246, as amended
CFR Citation: 41 CFR 60-2.18
Legal Deadline: None
Abstract: On November 13, 2000, the Office of Federal Contract
Compliance Programs (OFCCP) published a Final Rule which established an
Equal Opportunity (EO) Survey. The EO Survey requires that
nonconstruction contractor establishments designated by OFCCP prepare
and file an Equal Opportunity (EO) Survey. The EO Survey contains
information about personnel activities, compensation and tenure data
and specific information about the contractor's affirmative action
programs. This Notice of Proposed Rulemaking (NPRM) will address
concerns regarding the effectiveness of the EO Survey.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            01/20/06                     71 FR 3373
NPRM Comment Period End         03/28/06
Final Action                    08/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: James C. Pierce, Acting Deputy Director, Div. of
Policy, Planning & Program Development, OFCCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., Room
N3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: ofccp-public@dol.gov
RIN: 1215-AB53
_______________________________________________________________________
1920. <bullet> LABOR ORGANIZATION ANNUAL FINANCIAL TRUST
REPORTS: FORM T-1
Priority: Other Significant
Legal Authority: 29 USC 431; 29 USC 438
CFR Citation: 29 CFR 403.2; 29 CFR 403.5; 29 CFR 403.8; 29 CFR 408.5
Legal Deadline: None
Abstract: This rule will implement revisions to reporting requirements
under the Labor-Management Reporting and Disclosure Act of 1959, as
Amended (LMRDA), for trusts in which labor organizations are
interested. Such trusts include a ``trust of other fund or organization
(1) which was created or established by a labor organization, or one or
more of the trustees or one or more members of the governing body or
which is selected or appointed by a labor organization and (2) a
primary purpose of which is to provide benefits for the members of such
labor organization or their beneficiaries.`` 29 U.S.C. 402 (i). This
rule will revise existing reporting requirements for such trusts
imposed by final rule in 2003 (RIN 1215-AB34). These requirements were
found invalid by the U.S. Court of Appeals of the District of Columbia
circuit. In a 2005 decision, the appeals court upheld the Department of
Labor's authority to require labor organizations to report on the
activities of trusts in which they hold an interest, but found that the
Department had exceeded its authority by imposing a rule that failed to
differentiate between trusts over which a union or unions exercised
dominant control and those in which the apparent authority was
significantly diluted.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Final Action                    06/00/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Organizations
Government Levels Affected: None
Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports and
Disclosure, Office of Labor-Management Standards, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: olms-public@dol.gov
RIN: 1215-AB54
_______________________________________________________________________
1921. <bullet> AIRLINE EMPLOYEE PROTECTION PROGRAM
Priority: Info./Admin./Other
Legal Authority: PL 105-220-199(a)(6); 112 Stat 936, 1058 to 1059
(1998)
CFR Citation: 29 CFR 220
Legal Deadline: None
Abstract: This final rule will rescind the Airline Employee Protection
Program regulations at 29 CFR 220 that were issued to implement the
Rehire Program established by section 43 of the Airline Deregulation
Act of 1978. The program was intended to assist airline workers who
were laid off as a result of airline deregulation by providing a first
right of hire for designated employees covered by air carriers. Because
of administrative and judicial delays, the Department's final
[[Page 22906]]
rule implementing the program was not issued until 1985, 7 years after
enactment of the Act. The regulation became effective January 27, 1986.
In 1998, Congress repealed section 43 of the Airline Deregulation Act
in section 199(a)(6) of the Workforce Investment Act (Pub. L. 105-220).
Consequently, the regulations implementing the Airline Employee
Protection Program are now without force or effect.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Final Action                    06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Patrick Alan Hyde, Division Chief, Division of
Statutory Programs, Department of Labor, Employment Standards
Administration, 200 Constitution Avenue NW., Rm N5112, FP Building,
Washington, DC 20210
Phone: 202 693-1226
Fax: 202 693-1342
Email: hyde.patrick@dol.gov
RIN: 1215-AB55
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Employment Standards Administration (ESA)
_______________________________________________________________________
1922. 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 U. S. Citizenship and Immigration Services 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 End                      04/23/01                    66 FR 10865
Final Action                     To Be                       Determined
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.
On December 8, 2004, Congress enacted the H-1B Visa Reform Act of 2004
as part of the Consolidated Appropriations Act of 2005 (Pub. L. 108-
447, 188 Stat. 2809, Division J, Title IV, Subtitle B (Dec. 8, 2004)),
which reinstated (effective March 8, 2005) certain attestation
requirements for H-1B dependent employers and employers found to have
committed willful violations or misrepresentations of material facts
during the five-year period prior to filing the H-1B Labor Condition
Application.
Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour
Division, Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB09
_______________________________________________________________________
1923. UNION ORGANIZATION AND VOTING RIGHTS: CRITERIA FOR CHARACTERIZING
A LABOR ORGANIZATION AS A LOCAL, INTERMEDIATE, OR NATIONAL OR
INTERNATIONAL LABOR ORGANIZATION
Priority: Other Significant
Legal Authority: 29 USC 481 and 482
CFR Citation: 29 CFR 452.11
Legal Deadline: None
[[Page 22907]]
Abstract: The Request for Information sought comments from the public
as to whether and how to revise the current tests for determining
whether a labor organization is a local union, intermediate union, or
national or international union.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         11/03/04                    69 FR 64234
Comment Period Extended         12/03/04                    69 FR 70288
Comment Period End              01/03/05
Next Action Undetermined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
URL For More Information:
www.olms.dol.gov
Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports and
Disclosure, Office of Labor-Management Standards, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: olms-public@dol.gov
RIN: 1215-AB50
_______________________________________________________________________
1924. UNION OFFICIALS: GUIDELINES FOR FIDUCIARY RESPONSIBILITIES UNDER
SECTION 501(A) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT
Priority: Other Significant
Legal Authority: 29 USC 501(a); 29 USC 521
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This notice requests information from the public to assist
the Department of Labor in determining whether to issue guidelines
concerning the fiduciary obligations of union officers and other
representative under section 501(a) of the LMRDA, 29 U.S.C. section
501. Section 501 states in general terms that officers and other
representatives of a labor organization occupy ``positions of trust''
within their labor organizations and must act in the best interest of
their union. The LMRDA does not, however, describe in any detail the
nature and scope of these fiduciary duties.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         08/29/05                    70 FR 51227
Comment Period End              10/28/05
Request for Information Comment
Period Extended to 01/26/2006   10/24/05                    70 FR 61472
Next Action Undetermined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports and
Disclosure, Office of Labor-Management Standards, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: olms-public@dol.gov
RIN: 1215-AB52
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Employment Standards Administration (ESA)
_______________________________________________________________________
1925. 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; 29 USC 793; EO 11758
CFR Citation: 41 CFR 60-250
Legal Deadline: None
Abstract: The regulation is a final rule that revises the current
regulations implementing the nondiscrimination and affirmative action
provisions of the Vietnam Era Veterans' Readjustment Assistance Act of
1974 (VEVRAA), as amended. VEVRAA requires Government contractors and
subcontractors to take affirmative action to employ and advance in
employment qualified special disabled veterans and veterans of the
Vietnam era. Today's rule makes three general types of revisions to the
VEVRAA regulations. First, it generally conforms the VEVRAA regulations
to the Veterans Employment Opportunities Act of 1998 and the Veterans
Benefits and Health Care Improvement Act of 2000. Secondly, it removes
language about the effective date of the rule published in 1998 because
the language is obsolete, and regulations no longer contain an
``effective date'' paragraph. The Department of Labor has determined
that this rulemaking need not be published as a proposed rule, as
generally required by the Administrative Procedures Act, 5 U.S.C. 553,
because the revisions in the rule are either nondiscretionary
ministerial actions that merely incorporate, without change, statutory
amendments into the preexisting regulations or are rules of agency
procedures or practice.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Final Action                    12/01/05                    70 FR 72147
Final Action Effective          01/03/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: James C. Pierce, Acting Deputy Director, Div. of
Policy, Planning & Program Development, OFCCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., Room
N3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: ofccp-public@dol.gov
Related RIN: Related to 1215-AB46
RIN: 1215-AB24
[[Page 22908]]
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________
1926. REVISION TO THE DEPARTMENT OF LABOR BENEFIT REGULATIONS FOR TRADE
ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974, AS
AMENDED
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; 20 CFR 665; 20 CFR
671; . . .
Legal Deadline: None
Abstract: The Trade Adjustment Assistance Reform 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 changes regarding trade adjustment assistance (TAA) program
benefits.
It is the Agency's intention to create a new 20 CFR part 618 to
incorporate the amendments and write it in plain English, while
amending the WIA regulations at 20 CFR parts 665 and 671 regarding
Rapid Response and National Emergency Grants as they relate to the TAA
program.
The proposed part 618 consists of 9 subparts: subpart A--General;
subpart B--Petitions and Determinations of Eligibility to Apply for
Trade Adjustment Assistance (and Alternative TAA); subpart C---Delivery
of Services throughout the One-Stop Delivery System; subpart D--Job
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowances (TRA);
subpart H--Administration by Applicable State Agencies; and subpart I--
Alternative Trade Adjustment Assistance for Older Workers. Because of
the complexity of the subject matter and the States' needs for
definitive instructions on providing TAA benefits, the rulemaking for
part 618 is divided into two parts. This notice of proposed rulemaking
covers the general provisions (most of subpart A) and TAA benefits
portions (subpart C through subpart H) of the regulations. A separate
notice of proposed rulemaking will cover the two remaining subparts
(subpart B and subpart I) and reserved definitions in subpart A.
Statement of Need: The Trade Adjustment Assistance Reform 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 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 for Older Workers program that
targets older worker groups who are certified as TAA eligible and
provides the option of a wage supplement instead of training, job
search, and income support.
The Department is mandated to implement the amendments within 90 days
from enactment (November 4, 2002), and it issued operating instructions
in a guidance letter on October 10, 2002, and later published in the
Federal Register (67 FR 69029-41). 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 19 U.S.C.
2320 due to the amendments to the Trade Act of 1974 by the Trade
Adjustment Assistance Reform Act of 2002.
Alternatives: The public will be afforded an opportunity to provide
comments on the TAA program changes when the Department publishes the
proposed 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                            04/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Agency Contact: Erica Cantor, Director, Trade Adjustment Assistance,
Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW., Room C5311, Washington, DC 20210
Phone: 202 693-2757
Email: cantor.erica@dol.gov
Related RIN: Related to 1205-AB40
RIN: 1205-AB32
_______________________________________________________________________
1927. REVISION TO THE DEPARTMENT OF LABOR REGULATIONS FOR PETITIONS AND
DETERMINATIONS OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
FOR WORKERS AND ISSUANCE OF REGULATIONS FOR THE ALTERNATIVE TAA
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 19 USC 2320; Secretary's Order No. 3-81, 46 FR 31117
CFR Citation: 29 CFR 90; 20 CFR 617 to 618; 20 CFR 665; 20 CFR 671; . .
.
Legal Deadline: None
Abstract: The Trade Adjustment Assistance Reform 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
[[Page 22909]]
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 changes regarding Trade
Adjustment Assistance (TAA) program benefits.
It is the Agency's intention to create a new 20 CFR part 618 to
incorporate the amendments and write it in plain English, while
amending the WIA regulations at 20 CFR parts 665 and 671 regarding
Rapid Response and National Emergency Grants as they relate to the TAA
program.
The proposed part 618 consists of 9 subparts: subpart A--General;
subpart B--Petitions and Determinations of Eligibility to Apply for
Trade Adjustment Assistance (and Alternative TAA); subpart C--Delivery
of Services throughout the One-Stop Delivery System; subpart D--Job
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowances (TRA);
subpart H--Administration by Applicable State Agencies; and subpart I--
Alternative Trade Adjustment Assistance (ATAA) for Older Workers.
Because of the complexity of the subject matter and the States' needs
for definitive instructions on providing TAA benefits, the rulemaking
for part 618 is divided into 2 parts. This notice of proposed
rulemaking covers the petitions and determinations (subpart B) and ATAA
(subpart I) and certain definitions in subpart A of the regulations. A
separate notice of proposed rulemaking will cover the remaining
subparts (subpart A and subpart C through subpart H).
Statement of Need: The Trade Adjustment Assistance Reform 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 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 for Older Workers program that
targets older worker groups who are certified as TAA eligible and
provides the option of a wage supplement instead of training, job
search, and income support.
The Department is mandated to implement the amendments within 90 days
from enactment (November 4, 2002), and it issued operating instructions
in a guidance letter on October 10, 2002, and later published in the
Federal Register (67 FR 69029-41). 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 19 U.S.C.
2320 due to the amendments to the Trade Act of 1974 by the Trade
Adjustment Assistance Reform Act of 2002.
Alternatives: The public will be afforded an opportunity to provide
comments on the TAA program changes when the Department publishes the
proposed 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                            12/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal, State
Agency Contact: Erica Cantor, Director, Trade Adjustment Assistance,
Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW., Room C5311, Washington, DC 20210
Phone: 202 693-2757
Email: cantor.erica@dol.gov
Related RIN: Related to 1205-AB32
RIN: 1205-AB40
_______________________________________________________________________
1928. LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE
UNITED STATES; REDUCING THE INCENTIVES AND OPPORTUNITIES FOR FRAUD AND
ABUSE AND ENHANCING PROGRAM INTEGRITY
Priority: Other Significant
Legal Authority: 8 USC 1182(a)(5)(A)
CFR Citation: 20 CFR 656
Legal Deadline: None
Abstract: The Department of Labor and the Department of Homeland
Security are simultaneously proposing changes to reduce the incentives
and opportunities for fraud and abuse related to the permanent
employment of aliens in the United States. Among other key changes, the
Department is proposing to eliminate the current practice of allowing
the substitution of alien beneficiaries on applications and approved
labor certifications. DOL is proposing to further reduce the likelihood
of the submission of fraudulent applications for the permanent
employment of aliens in the United States by proposing a 45-day
deadline for employers to file approved permanent labor certifications
in support of a petition with the Department of Homeland Security. The
proposed rule expressly prohibits the sale, barter, or purchase of
permanent labor certifications or applications, as well as related
payments. DOL will also propose enforcement mechanisms to protect
program integrity, including debarment with appeal rights. These
proposed amendments would apply to employers using both the Application
for Alien Employment Certification (Form ETA 750) or the Application
for Permanent Employment Certification (Form ETA 9089).
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            02/13/06                     71 FR 7656
[[Page 22910]]
NPRM Comment Period End         04/14/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John R. Beverly III, Administrator, Office of Foreign
Labor Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB42
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________
1929. 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 prepared 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 and other information under
these and other statutes has increased in recent years while privacy
and confidentiality issues have not yet been fully addressed.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/12/04                    69 FR 50022
NPRM Comment Period End         10/12/04
Final Action                    06/00/06
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: hildebrand.gerard@dol.gov
RIN: 1205-AB18
_______________________________________________________________________
1930. POST-ADJUDICATION AUDITS OF H-2B PETITIONS OTHER THAN LOGGING IN
THE UNITED STATES
Priority: Other Significant
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(b); 8 USC 1184; 29 USC 49 et
seq
CFR Citation: 8 CFR 214.2(h)(5); 20 CFR 655.1 to 655.4
Legal Deadline: None
Abstract: Under the redesigned H-2B temporary nonagricultural program
employers seeking to use H-2B workers, except for applications filed
for employment in Guam or in logging, will file directly with the
Department of Homeland Security (DHS) instead of first filing an
application for labor certification with the Department of Labor (DOL),
as required under the current regulation. Under the regulations
simultaneously proposed by DOL and DHS, the employer will be required
to conduct recruitment before filing its petition. The petition will
include a number of attestations concerning labor market and related
issues identified in the DOL regulation. DHS will administer the
petition adjudication process. After adjudication, DOL will audit
selected approved petitions. In such audits, DOL will exclusively
examine whether the employer has complied with those aspects of the
approved petition related to the labor market and other related
attestations. Employers will be expected to have documentation
available supporting their attestations as specified in the regulation
and will be required to provide this supporting documentation to DOL
within 30 days from notice of audit. If, after completion of the audit,
DOL determines that the employer has failed to comply with the terms of
the attestations contained in the DHS petition or made material
misrepresentations in its attestation, DOL will, after notice to the
employer and opportunity for a hearing, recommend to DHS that the
employer be debarred, for a period up to 3 years.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            01/27/05                     70 FR 3993
NPRM Comment Period End         02/28/05
NPRM Comment Period Reopened    03/09/05                    70 FR 11592
NPRM Comment Period Extended to
April 8, 2005                   03/09/05
Final Action                    12/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State
Agency Contact: John R. Beverly III, Administrator, Office of Foreign
Labor Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB36
_______________________________________________________________________
1931. LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE
UNITED STATES; BACKLOG REDUCTION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 8 USC 1182(a)(5)(A)
[[Page 22911]]
CFR Citation: 20 CFR 656
Legal Deadline: None
Abstract: To reduce an existing backlog in pending applications for
permanent employment certification, the amendment allowed the National
Certifying Officer to transfer to a centralized ETA processing
center(s) applications that were awaiting processing by State Workforce
Agencies (SWA's) or ETA Regional Offices. The interim final rule sought
comments on the backlog reduction measures, and took effect 30 days
after publication.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              07/21/04                    69 FR 43716
Interim Final Rule Comment
Period End                      08/20/04
Interim Final Rule Effective    08/20/04
Final Action                    10/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John R. Beverly III, Administrator, Office of Foreign
Labor Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB37
_______________________________________________________________________
1932. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING
NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION
MODELS; LABOR ATTESTATIONS RE H-1B1 VISAS FOR CHILE AND SINGAPORE
(SECTION 610 REVIEW)
Priority: Other Significant
Legal Authority: 8 USC 1101(a)(15)(H)(1)(b1) and 1184 (g)(8)(A); PL
108-77 sec 402; PL 108-78 sec 402
CFR Citation: 20 CFR 655
Legal Deadline: None
Abstract: The Department of Labor has amended its regulations relating
to the temporary employment of foreign professionals to implement
procedural requirements applicable to a new visa category - the H-1B1
visa. Congress created the new visa category as part of its approval of
the Chile-United States Free Trade Agreement and the Singapore-United
States Free Trade Agreement. Under the implementing legislation, DOL's
responsibilities regarding H-1B1 visas are to be implemented in a
manner similar to the existing H-1B program for temporary employment in
specialty occupations and as fashion models. Under the regulatory
procedures established by the Interim Final Rule, employers in the
United States seeking to temporarily employ foreign professionals in
specialty occupations through H-1B1 visas must file a labor condition
application with the Department of Labor making the same attestations
regarding payment of prevailing wages, working conditions, absence of
strikes or lockouts, and notice to other employees that employers
currently make when seeking entry of a foreign worker under the H-1B
program. This Final Rule addresses the comments submitted through the
Interim Final Rule process and makes one technical amendment to be
consistent with the Final Rule amending H-1B and H-1B1 at 70 FR 72556.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              11/23/04                    69 FR 68222
Interim Final Rule Effective    11/23/04
Interim Final Rule Comment
Period End                      01/24/05
Final Rule                      06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: John R. Beverly III, Administrator, Office of Foreign
Labor Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB38
_______________________________________________________________________
1933. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; ELIGIBILITY
Priority: Other Significant
Legal Authority: 42 USC 503(a)(5); 26 USC 3304(a)(4)
CFR Citation: 20 CFR 604 (New)
Legal Deadline: None
Abstract: Federal Unemployment Compensation (UC) law is inherently
based on wage insurance principles. The regulation would interpret and
apply these principles, thereby establishing minimum standards that
states will be required to meet if their employers are to continue to
receive credit against the Federal unemployment tax and if the state is
to continue to receive UC administrative grants.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/22/05                    70 FR 42474
NPRM Comment Period End         09/20/05
Final Action                    07/00/06
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.
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: hildebrand.gerard@dol.gov
RIN: 1205-AB41
_______________________________________________________________________
1934. LABOR CONDITIONS APPLICATIONS FOR E-3 VISAS IN SPECIALTY
OCCUPATIONS FOR AUSTRALIAN NON-IMMIGRANTS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13,
119
[[Page 22912]]
Stat. 231 was signed into law May 11, 2005. The Act adds a new treaty
visa classification for Australian nonimmigrants coming to the U.S.
solely to perform services in a specialty occupation. The Department
amends the current H-1B regulation to incorporate references and
provisions for the new E-3 program.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              08/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism:  Undetermined
Agency Contact: John R. Beverly III, Administrator, Office of Foreign
Labor Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB43
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Employment and Training Administration (ETA)
_______________________________________________________________________
1935. 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.
Other, Statutory, February 11, 2000, Interim Final Rule.
Abstract: The Nursing Relief for Disadvantaged Areas Act of 1999 (Pub
L. 106-95; November 12, 1999) amended the Immigration and Nationality
Act to create a 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. The NRDAA
specified that the H-1C visas were available only during the four-year
period beginning on the date that interim or final regulations were
promulgated. Interim rules became effective on September 21, 2000 and
the H-1C program sunset on September 20, 2004. Because health care
facilities cannot sponsor new H-1C visas and no new H-1C visas can be
issued, the Department has determined that continued rulemaking is
neither necessary nor appropriate and withdraws this entry from the
agenda. The Department will remove the H-1C regulations when there are
no valid H-1C visas remaining.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              08/22/00                    65 FR 51137
Interim Final Rule Comment
Period End                      09/21/00
Interim Final Rule Effective    09/21/00
Remove from Agenda              02/17/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State
Agency Contact: Michael Ginley, Director, Office of Enforcement Policy,
Department of Labor, 200 Constitution Avenue NW., FP Building, Room
S3510, Washington, DC 20210
Phone: 202 693-0745
John R. Beverly III, Administrator, Office of Foreign Labor
Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB27
_______________________________________________________________________
1936. LABOR CONDITION APPLICATIONS FOR EMPLOYERS USING NONIMMIGRANTS ON
H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS; FILING
PROCEDURES
Priority: Other Significant
Legal Authority: 8 USC 1182(n) and 1182(t)
CFR Citation: 20 CFR 655.720; 20 CFR 655.730
Legal Deadline: None
Abstract: Department of Labor (hereinafter Department or DOL)
regulations allowed employers to file labor condition applications
(LCA) for the H-1B and H-1B1 programs electronically, by facsimile
transmission (FAX), and by mail. The Department sought comments on a
proposal that would require employers to file LCAs electronically,
except employers that could not file LCAs electronically due to
physical impairments would be allowed to submit LCAs by mail. The
rulemaking also informed employers of changes in address for the
submission of LCAs by mail. The Department believes the e-filing
process will ensure expeditious processing of H-1B and H-1B1 petitions
and limit the number of potentially incomplete applications. In
addition it will ease the filing burden on employers. Through e-filing
the Department will be better able to capture statistics and analyze H-
1B and H-1B1 program data to identify areas that need improvement as
well as any fraud or abuse that may lead to future administrative,
civil or criminal enforcement actions against H-1B and H-1B1 employers
or alien beneficiaries.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            04/01/05                    70 FR 16774
NPRM Comment Period End         05/02/05
Final Action                    12/05/05                    70 FR 72556
Final Action Effective          01/04/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John R. Beverly III, Administrator, Office of Foreign
Labor Certification, Department of Labor, Employment and Training
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210
[[Page 22913]]
Phone: 202 693-3502
Email: beverly.john@dol.gov
RIN: 1205-AB39
_______________________________________________________________________
Department of Labor (DOL)                                 Prerule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1937. INDEPENDENCE OF ACCOUNTANT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1023(a)(3)(A); 29 USC 1135
CFR Citation: 29 CFR 2509
Legal Deadline: None
Abstract: EBSA is conducting a review of the guidelines applicable to
determining when a qualified public accountant is independent for
purposes of auditing and rendering an opinion on the financial
information required to be included in the annual report of an employee
benefit plan for purposes of section 103(a)(3)(A) of ERISA. The current
guidelines, set forth as an Interpretive Bulletin at 29 CFR section
2509.75-9, were adopted in 1975. Given the changes that have taken
place with respect to employee benefit plans and auditing practices and
standards, as well as changes in the industry, since the issuance of
those guidelines, EBSA is preparing a Request for Information that will
invite interested persons to submit written comments and suggestions
concerning whether and to what extent the current guidelines should be
modified.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         06/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John J. Canary, Supervisory 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-AB09
_______________________________________________________________________
1938. PLAN ASSETS-PARTICIPANT CONTRIBUTIONS REGULATION (610 REVIEW)
(SECTION 610 REVIEW)
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1135
CFR Citation: 29 CFR 2510.3-102
Legal Deadline: None
Abstract: EBSA is conducting a review of the plan assets - participant
contributions regulation in accordance with the requirements of section
610 of the Regulatory Flexibility Act. The review will cover the
continued need for the rule; the nature of complaints or comments
received from the public concerning the rule; the complexity of the
rule; the extent to which the rule overlaps, duplicates, or conflicts
with other Federal rules and, to the extent feasible, with State and
local rules; and the extent to which technology, economic conditions,
or other factors have changed in industries affected by the rule.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Begin Review                    03/01/06
End Review                      12/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism:  Undetermined
Agency Contact: Rudolph F. Nuissl, Senior 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-AB11
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1939. AMENDMENT OF REGULATION RELATING TO DEFINITION OF PLAN ASSETS--
PARTICIPANT CONTRIBUTIONS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1135
CFR Citation: 29 CFR 2510.3-102
Legal Deadline: None
Abstract: This rulemaking will amend the regulation that defines when
participant monies paid to or withheld by an employer for contribution
to an employee benefit plan constitute ``plan assets'' for purposes of
title I of ERISA and the related prohibited transaction provisions of
the Internal Revenue Code. The regulation contains an amendment to the
current regulation that will establish a safe harbor period of a
specified number of business days during which certain monies that a
participant pays to, or has withheld by, an employer for contribution
to a plan would not constitute ``plan assets.''
Statement of Need: This amendment of the participant contribution
regulation would, upon adoption, establish a ``safe harbor'' period of
a specified number of days during which certain monies that a
participant pays to, or has withheld from wages, by an employer for
contribution to an employee benefit plan, would not constitute plan
assets for purposes of title I of ERISA and the related prohibited
transaction provisions of the Internal Revenue Code. The amendment is
needed to provide greater certainty to employers, participants and
beneficiaries, service providers and others concerning when participant
contributions to a plan constitute plan assets.
[[Page 22914]]
Summary of Legal Basis: Section 505 of ERISA provides that the
Secretary may prescribe such regulations as she finds necessary and
appropriate to carry out the provisions of title I of the Act.
Regulation 29 CFR 2510.3-102 provides that the assets of an employee
benefit plan covered by title I of ERISA include amounts (other than
union dues) that a participant or beneficiary pays to an employer, or
has withheld from wages by an employer, for contribution to the plan as
of the earliest date on which such contributions can reasonably be
segregated from the employer's general assets; the regulation also
specifies the maximum time period for deposit of such contributions by
the employer.
Alternatives: Alternatives will be considered following a determination
of the scope and nature of the regulatory guidance needed by the
public.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits will be developed, as appropriate, following a
determination regarding the alternatives to be considered.
Risks: Failure to provide the safe harbor that would be afforded by the
proposed amendment with regard to monies contributed to employee
benefit plans would deprive employers, other plan fiduciaries, and
service providers of the certainty they need to optimize compliance
with the law. Also, any risk of loss or lost earnings resulting from
permitting employers who would otherwise transmit contributions to the
plan sooner than the time specified in the safe harbor should be
minimal, while the benefits attendant to encouraging employers to
review and modify their systems or practices to take advantage of the
safe harbor may be significant.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism:  Undetermined
Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary
Interpretations, Office of Regulations and Interpretations, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291
RIN: 1210-AB02
_______________________________________________________________________
1940. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING REGULATIONS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 1135; 29 USC 1021, 1023, 1024
CFR Citation: 29 CFR 2520
Legal Deadline: None
Abstract: This rulemaking would amend and update the regulatory and
related requirements for annual reporting by employer benefit plans in
conjunction with EBSA's proposal to amend the regulations under section
104 to require that such reports be filed electronically.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            06/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: June Solonsky, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N-5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
RIN: 1210-AB06
_______________________________________________________________________
1941. AMENDMENT OF SECTION 404(C) REGULATION--DISCLOSURE
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 1104(c); 29 USC 1135
CFR Citation: 29 CFR 2550
Legal Deadline: None
Abstract: This rulemaking will amend the regulations governing ERISA
section 404(c) plans (29 CFR section 2550.404c-1) to ensure that the
participants and beneficiaries in such plans are provided the
information they need, including information about fees and expenses,
to make informed investment decisions. The section 404(c) regulation
sets forth the conditions under which participants and beneficiaries
are considered to be exercising control over the assets in their
account, thereby relieving plan fiduciaries from liability for the
results of the investment decisions of the participant or beneficiary.
The regulation conditions relief on participants and beneficiaries
being furnished or having access to certain information about their
plan and the investment options offered thereunder. This amendment is
needed to clarify and improve the information currently required to be
furnished to participants and beneficiaries.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Katherine D. Lewis, Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N-5669, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB07
_______________________________________________________________________
1942. AMENDMENT OF STANDARDS APPLICABLE TO GENERAL STATUTORY EXEMPTION
FOR SERVICES
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 1108(b)(2); 29 USC 1135
CFR Citation: 29 CFR 2550
Legal Deadline: None
Abstract: This rulemaking will amend the regulation setting forth the
standards applicable to the exemption under ERISA section 408(b)(2) for
contracting or making a reasonable arrangements with a party in
interest for office spaces for services (29 CFR section 2550.408b-2).
This amendment will ensure that plan fiduciaries are provided or have
access to that information necessary to a determination of whether an
arrangement for services is ``reasonable'' within the meaning of the
statutory exemption, as well as the prudence requirements of ERISA
section 404(a)(1)(B). This regulation is
[[Page 22915]]
needed to eliminate the current uncertainty as to what information
relating to services and fees plan fiduciaries must obtain and service
providers must furnish for purposes of determining whether a contract
for services to be rendered to a plan is reasonable.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Kristen Zarenko, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N-5669, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB08
_______________________________________________________________________
1943. SECTION 404 REGULATION--SAFE HARBOR FOR DEFAULT INVESTMENTS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1104(c); 29 USC 1135
CFR Citation: 29 CFR 2550
Legal Deadline: None
Abstract: This rulemaking would establish a safe harbor under which a
fiduciary of a participant-directed individual account pension plan
will be deemed to have satisfied his or her fiduciary responsibilities
with respect to investment and asset allocation decisions made on
behalf of individual participants and beneficiaries who fail to give
investment direction. This rulemaking will describe the types of
investments that qualify as default investments under the safe harbor.
As with other investment alternatives available under the plan,
fiduciaries will continue to be responsible for the prudent selection
and monitoring of qualifying default investment alternatives.
Statement of Need: Section 404(c)(1) of ERISA provides that, where a
participant or beneficiary of an employee pension benefit plan
exercises control over assets in an individual account maintained for
him or her under the plan, the participant or beneficiary is not
considered a fiduciary by reason of his or her exercise of control and
other plan fiduciaries are relieved of liability under part 4 of title
I of ERISA for the results of such exercise of control. The Department
has previously issued regulations under section 404(c)(1) describing
the circumstances in which 404(c)(1) applies to a transaction involving
a participant's or beneficiary's exercise of control over his or her
account. This rulemaking would amend those regulations to respond to a
need on the part of plan sponsors and fiduciaries for guidance on the
selection of default investments for plan participants who fail to make
an investment election. Such guidance would also improve retirement
savings for millions of American workers.
Summary of Legal Basis: Promulgation of this regulation is authorized
by sections 505 and 404(c) of ERISA
Alternatives: Regulatory alternatives will be developed once
determinations have been made with regard to the scope and nature of
the regulatory guidance that will be necessary to provide for default
investment options when a participant in a 401(k) or similar individual
account plan fails to direct the investment of his or her account.
Anticipated Cost and Benefits: Costs and benefits of regulatory
alternatives will be estimated and taken into account in the
development of the proposed regulation. Intended benefits include
increases in 401(k) plan participation rates, more beneficial asset
allocations of many participants' accounts, and attendant improvements
in retirement security.
Risks: Failure to provide guidance on default investment options for
individual account plans may result in diminished retirement savings
for the many participants who fail to make an investment election with
regard to their accounts.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            06/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism:  Undetermined
Agency Contact: Erin Sweeney, Senior Pension Law Specialist, ORI,
Department of Labor, Employee Benefits Security Administration, 200
Constitution Avenue NW., Rm N5669, FP Building, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB10
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1944. 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) amended title I of ERISA and the Public Health Service Act with
parallel provisions that protect mothers and their newborn children
with regard to the length of hospital stays following the birth of a
child. The Departments of Labor and Health and Human Services are
mutually dependent due to shared interpretive jurisdiction and are
proceeding concurrently to provide final regulatory 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                    12/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
[[Page 22916]]
Agency Contact: Amy Turner, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335
RIN: 1210-AA63
_______________________________________________________________________
1945. 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: The Health Insurance Portability and Accountability Act of
1996 (HIPAA) amended title I of ERISA, the Internal Revenue Code, and
the Public Health Service Act with parallel provisions to prohibit
discrimination by a group health plan or a health insurance issuer
based on any health status-related factor. The Departments of Labor,
the Treasury, and Health and Human Services are mutually dependent due
to shared interpretive jurisdiction and are proceeding concurrently to
provide final regulatory guidance regarding these provisions.
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.
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 End                      07/07/97
NPRM                            01/08/01                     66 FR 1421
NPRM Comment Period End         04/09/01
Second Interim Final Rule       01/08/01                     66 FR 1378
Interim Final Rule Comment
Period End                      04/09/01
Final Rule                      06/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Additional Information: This item has been split off from RIN 1210-
AA54.
Agency Contact: Amy Turner, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335
RIN: 1210-AA77
_______________________________________________________________________
1946. RULEMAKING RELATING TO TERMINATION OF ABANDONED INDIVIDUAL ACCOUNT
PLANS
Priority: Other Significant
Legal Authority: 29 USC 1135; 29 USC 1002(16)(A)
CFR Citation: 29 CFR 2591
Legal Deadline: None
Abstract: This rulemaking will establish a procedure and standards for
distributing the benefits of individual account plans that have been
abandoned by their sponsoring employers or plan administrators.
Statement of Need: Thousands of individual account plans have, for a
variety of reasons, been abandoned by their sponsors, creating problems
for plan participants, administrators, financial institutions (e.g.,
banks, insurance companies, mutual funds), the courts and the Federal
Government. At present, the potential liability and costs attendant to
terminating such plans and distributing the assets inhibit financial
institutions and others from taking on this responsibility. Due to
ongoing administrative costs and other factors, the continued
maintenance of such plans is often not in the interest of the
participants and beneficiaries. This rulemaking will establish a
procedure for a financial institution that holds the assets of such a
plan to terminate the plan and distribute its assets to the
participants and beneficiaries. The rulemaking will also include
standards for determining when plans may be terminated pursuant to this
procedure and for carrying out the functions necessary to distribute
benefits and shut down plan operations.
Summary of Legal Basis: Section 505 of ERISA provides that the
Secretary may prescribe such regulations as the Secretary finds
necessary and appropriate to carry out the provisions of title I of the
Act. Section 403(d)(1) provides that, upon termination of such a plan,
the assets shall be distributed generally in accordance with the
provisions that apply to defined benefit plans, ``except as otherwise
provided in regulations of the Secretary.'' ERISA section 3(16)(A)
permits the Secretary to issue regulations designating an administrator
for a plan where the plan document makes no designation and the plan
sponsor cannot be identified.
Alternatives: Alternatives will be considered following a determination
of the scope and nature of the regulatory guidance needed by the
public.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits will be developed, as appropriate, following a
determination regarding the alternatives to be considered.
Risks: Failure to provide guidance in this area will leave the
retirement benefits of participants and beneficiaries in abandoned
plans at risk of being significantly diminished by ongoing plan
administrative expenses, rather than distributed to participants and
beneficiaries in connection with a timely and orderly termination of
the plan.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            03/10/05                    70 FR 12046
NPRM Comment Period End         05/09/05
Final Action                    05/00/06
[[Page 22917]]
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected:  Businesses, Organizations
Government Levels Affected: None
Agency Contact: Jeffrey Turner, Senior 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-AA97
_______________________________________________________________________
1947. VOLUNTARY FIDUCIARY CORRECTION PROGRAM
Priority: Other Significant
Legal Authority: 29 USC 1132; 29 USC 1134
CFR Citation: 29 CFR 2560
Legal Deadline: None
Abstract: To encourage and facilitate voluntary correction of certain
breaches by employee benefit plan fiduciaries of their obligations
under title I of ERISA, EBSA previously implemented a Voluntary
Fiduciary Correction Program (the Program). The Program relieves
certain plan officials of the possibility of investigation and civil
action by the Department and the imposition of civil penalties to the
extent that plan officials satisfy the conditions for correcting
breaches described in the Program. EBSA has decided to amend the
Program by covering two additional transactions and by clarifying
certain other operational requirements. EBSA will issue a restatement
of the Program in its entirety and request public comment on the
included amendments. EBSA believes that the restated Program will
benefit workers by further encouraging the voluntary and timely
correction of possible fiduciary breaches of part 4 of title I of
ERISA. EBSA also anticipates that the restated Program will better
assist plan officials in understanding the requirements of part 4 of
title I of ERISA and their legal responsibilities in correcting
fiduciary breaches.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Final Action                    04/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Public Compliance Cost: ; Yearly Recurring Cost: $210000; Base Year for
Dollar Estimates: 2006
Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary
Interpretations, Office of Regulations and Interpretations, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291
RIN: 1210-AB03
_______________________________________________________________________
1948. ELECTRONIC FILING OF ANNUAL REPORTS
Priority: Other Significant
Legal Authority: 29 USC 1135; 29 USC 1024(a)
CFR Citation: 29 CFR 2520.104a-2
Legal Deadline: None
Abstract: This rulemaking will amend the regulations under sec. 104(a)
of ERISA setting forth the annual reporting requirements for employee
benefit plans to require that such reports be filed electronically.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/30/05                    70 FR 51542
NPRM Comment Period End         10/03/05
Final Action                    06/00/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Organizations
Government Levels Affected: None
Public Compliance Cost: Initial Cost: $23000000; Yearly Recurring Cost:
$10000000; Base Year for Dollar Estimates: 2007
Agency Contact: John J Canary, Supervisory Pension Law Specialist,
Department of Labor, Employee Benefits Security Administration, 200
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
RIN: 1210-AB04
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1949. 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, 200 Constitution Avenue NW., FP Building,
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AA15
_______________________________________________________________________
1950. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171 to
1172; 29 USC 1191c
[[Page 22918]]
CFR Citation: 29 CFR 2590
Legal Deadline: None
Abstract: The Health Insurance Portability and Accountability Act of
1996 (HIPAA) amended title I of ERISA, the Internal Revenue Code, and
the Public Health Service Act with parallel provisions designed to
improve health care access, portability and renewability. The
Departments of Labor, the Treasury, and the Health and Human Services
are mutually dependent due to shared interpretive jurisdiction and are
proceeding concurrently to provide additional regulatory guidance
regarding 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 End                      07/07/97
Request for Information         10/25/99                    64 FR 57520
Comment Period End              01/25/00
NPRM                            12/30/04                    69 FR 78800
Request for Information         12/30/04                    69 FR 78825
Final Rule                      12/30/04                    69 FR 78720
Final Action Effective          02/28/05
Request for Information/ Comment
Period End                      03/30/05
NPRM Comment Period End         03/30/05
Final Action                    04/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Amy Turner, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335
RIN: 1210-AA54
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1951. PROHIBITED TRANSACTION EXEMPTION PROCEDURES
Priority: Other Significant
Legal Authority: 29 USC 1135; 29 USC 1108 (a); Reorganization Plan No.
4 or 1978; Secretary of Labor's Order 1-2003
CFR Citation: 29 CFR 2570.30 to 2570.52
Legal Deadline: None
Abstract: EBSA is considering amendments to the Exemption Procedure
Regulation in lieu of publishing a Request for Information. In
addition, EBSA is ending the 610 review of this regulation.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Begin Review                    12/01/03
End Review                      01/26/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Brian Buyniski, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., Room N5649, Washington, DC 20210
Phone: 202 693-8540
RIN: 1210-AA98
_______________________________________________________________________
1952. ANNUAL FUNDING NOTICE FOR MULTIEMPLOYER PLANS
Priority: Other Significant
Legal Authority: 29 USC 1021(f); PL 108-218; ERISA sec 101(f); ERISA
sec 505
CFR Citation: 29 CFR 2520
Legal Deadline: Final, Statutory, April 10, 2005, PL 108-218 sec
103(a).
Abstract: This regulation implements the requirements of section 103 of
the Pension Funding Equity Act of 2004, which amended section 101 of
ERISA by adding a new subsection (f) that requires the administrator of
a defined benefit multiemployer plan to provide participants,
beneficiaries, and other parties with an annual funding notice
indicating, among other things, whether the plan's funded current
liability percentage is at least 100 percent.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            02/04/05                     70 FR 6306
NPRM Comment Period End         03/07/05
Final Action                    01/11/06                     71 FR 1904
Final Action Effective          02/10/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Organizations
Government Levels Affected: None
Agency Contact: Jeffrey Turner, Senior 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-AB00
_______________________________________________________________________
1953. CIVIL PENALTY FOR FAILURE TO PROVIDE SECTION 302 NOTICE
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 1132(c)(4); PL 108-218; ERISA sec 502(c)(4);
ERISA sec 505
[[Page 22919]]
CFR Citation: 29 CFR 2560
Legal Deadline: None
Abstract: The Department has decided to withdraw this regulatory
action. The Department has determined that such action does not appear
to be necessary given that the statutory timeframe for making elections
under section 412(b)(7)(F) of the Internal Revenue Code is almost over
and that very few plans actually made such an election. The Code
section 412(b)(b)(F) election to defer a portion of the amortization
charge arising from the net experience loss for the first plan year
beginning after December 31, 2001, is available for an eligible
multiemployer plan with respect to plan years beginning after June 30,
2003, and before July 1, 2005. See IRS Notice 2005-40, Q&A's. The
Department will review this matter if noncompliance under Code section
412(b)(70)(F) becomes an issue.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Withdrawn                       02/15/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Jeffrey Turner, Senior 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-AB01
_______________________________________________________________________
Department of Labor (DOL)                                 Prerule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1954. <bullet> EQUIVALENCY EVALUATION OF THE U.S.
ENVIRONMENTAL PROTECTION AGENCY'S NONROAD DIESEL ENGINE STANDARDS
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 7
Legal Deadline: None
Abstract: This notice announces our intention to review the U.S.
Environmental Protection Agency's (EPA) standards for nonroad diesel
engines. The review will determine if certain EPA requirements in 40
CFR part 189, Control of Emissions From New and In-Use Nonroad
Compression-Ignition Engines, provide, or can be modified to provide,
at least the same degree of protection as our existing applicable
requirements in 30 CFR part 7, subpart E-Diesel Engines Intended for
Use in Underground Coal Mines. This review is limited to the testing of
Category B diesel engines as defined in 30 CFR 7.82, Definitions.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Notice of Intent to review the
U.S. Environmental Protection
Agency Title                    03/28/06                    71 FR 15358
End of Comment Period           05/30/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB43
_______________________________________________________________________
1955. <bullet> UNDERGROUND MINE RESCUE EQUIPMENT AND
TECHNOLOGY
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Mine Safety and Health Administration is requesting data,
comments, and other information on issues relevant to underground mine
rescue equipment and technology. Over the last several years,
improvements have been made to communication devices, sensors, and
other forms of technology in general industry. As such, continuous
development and deployment of mine rescue equipment and technology are
crucial to enhancing the effectiveness of mine rescue operations and
improving miners' survivability in the event of a mine emergency.
Responses to this request for information will assist the Agency in
determining an appropriate course of action as necessary to improve
mine rescue capabilities.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
RFI                             01/25/06                     71 FR 4224
RFI Comment Period End          03/27/06
Public Meeting on 3/13/06       02/23/06                     71 FR 9299
Review Comments                 06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB44
_______________________________________________________________________
1956. <bullet> PROXIMITY DETECTION SYSTEM FOR CONTINUOUS
MINING MACHINES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 30 USC 811
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The ANPRM would seek information relative to the use of a
proximity detection system to address crushing and pinning hazards
associated with the operation of remote control continuous mining
machines. Currently, there are no existing 30 CFR regulations that
mandate the use of a proximity detection system on these machines.
[[Page 22920]]
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         09/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB49
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1957. HIGH-VOLTAGE CONTINUOUS MINING MACHINE STANDARD FOR UNDERGROUND
COAL MINES
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 957; 30 USC 961
CFR Citation: 30 CFR 18; 30 CFR 75
Legal Deadline: None
Abstract: Our July 16, 2004 NPRM (69 FR 42812) proposed to establish
design requirements for approval of high-voltage continuous mining
machines operating where miners work in underground coal mines. The
rule also proposed to establish new mandatory electrical safety
standards for the installation, use, and maintenance of the high-
voltage continuous mining machines.
This supplemental NPRM proposes and requests comments on two issues
that arose from oral and written comments that MSHA received during the
hearing and post-hearing comment period on the NPRM.
These issues involve: 1) types of trailing cables that can be used with
high-voltage continuous mining machines; and 2) a requirement to use
high-voltage insulating gloves or other personal protective equipment
when handling energized high-voltage trailing cables.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/16/04                    69 FR 42812
NPRM Comment Period End         08/23/04                    69 FR 51784
Second NPRM                     03/28/06                    71 FR 15359
Second NPRM Comment Period End  05/30/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB34
_______________________________________________________________________
1958. REVISING ELECTRICAL PRODUCT APPROVAL REGULATIONS
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 7, 17, 18, 22, 23, and 27
Legal Deadline: None
Abstract: Part 18 of 30 CFR, entitled ``Electric Motor-Driven Mine
Equipment and Accessories,'' sets out the requirements to obtain MSHA
approval of electrically operated machines and accessories intended for
use in underground gassy mines, as well as other related matters, such
as approval procedures, certification of components, and acceptance of
flame-resistant hoses and conveyor belts. Aside from minor
modifications, part 18 has been largely unchanged since it was
promulgated in 1968. This update of part 18 is intended to improve the
efficiency of the approval process, recognize new technology, add
quality assurance provisions, and address existing policies through the
rulemaking process. The proposed rule would also reorganize portions of
the approval regulations.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            11/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB37
_______________________________________________________________________
1959. FIELD MODIFICATIONS OF PERMISSIBLE MOBILE DIESEL-POWERED EQUIPMENT
Priority: Other Significant
Legal Authority: 30 USC 957; 30 USC 961
CFR Citation: 30 CFR 36
Legal Deadline: None
Abstract: The Mine Safety and Health Administration is proposing to add
field modification provisions to part 36 - Approval requirements for
permissible mobile diesel-powered transportation equipment. Field
modifications allow permissible equipment to be modified for mine-
specific use or to comply with new diesel standards. The implementation
of diesel regulations in 30 CFR parts 7, 36, 57, 72, and 75 has
resulted in an increase in requests from owners of approved equipment,
typically underground mine operators, to field modify permissible
diesel-powered equipment. This proposed rule would codify the field
modification process for part 36 field modification acceptances, expand
the field modification process to allow mine operators as defined in
the Federal Mine Safety and Health Act 1977 to apply for field
modifications, and continue to ensure that field-modified equipment
operates safely in gassy underground mines.
The proposed rule would implement existing policy which dates from 1985
to reflect current procedures for processing field modifications
related
[[Page 22921]]
to mobile diesel-powered transportation equipment. Also, the proposed
rule would require that labeling provisions be applied to all new field
modifications accepted under part 36. These new provisions would
enhance miner safety.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB39
_______________________________________________________________________
1960. USE OF OR IMPAIRMENT FROM ALCOHOL AND OTHER DRUGS ON MINE PROPERTY
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: MSHA is considering rulemaking to address the risks and
hazards to miner safety from the use of or impairment from alcohol and
drugs on mine property.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           10/04/05                    70 FR 57808
ANPRM Comment Period End        11/27/05
NPRM                            01/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Local
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB41
_______________________________________________________________________
1961. <bullet> CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT
OF CIVIL PENALTIES
Priority: Other Significant. Major under 5 USC 801.
Legal Authority: 30 USC 815; 30 US 820; 30 USC 957
CFR Citation: 30 CFR 100
Legal Deadline: None
Abstract: MSHA will initiate rulemaking to revise the process for
assessing proposed civil monetary penalties and to increase the amounts
of the proposed penalties. Updating these regulations will strengthen
incentives for compliance.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected:  Businesses
Government Levels Affected: Undetermined
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB51
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1962. 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. MSHA
proposed a rule to lower its permissible exposure limits (PEL) to the
limits OSHA promulgated in 1994 in order to reduce the risk of miners
developing asbestos-induced occupational disease. A report by the
Office of the Inspector General (OIG) recommended that MSHA lower its
existing PEL 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 MSHA's
existing asbestos PEL is not sufficiently 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 promulgated a 2 mppcf and 12
fibers/ml standard. 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 in 1976 for coal mining (41 FR 10223) and 1978
for metal and nonmetal mining (43 FR 54064). During 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
[[Page 22922]]
standard in 1994 that lowered the permissible exposure limit to an 8-
hour time-weighted average limit of 0.1 fiber per cubic centimeter of
air and the excursion limit 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 newer information and studies on the asbestos-
related disease risk to asbestos-exposed workers.
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 Agency increased sampling efforts in an attempt to
determine current miners' exposure levels to asbestos. In early 2000,
MSHA began an intensive sampling effort at operations with potential
asbestos exposure, including taking samples at existing vermiculite,
taconite, talc, and selected other mines to determine whether asbestos
is present and at what levels. While sampling, MSHA staff discussed
with miners and mine operators the potential hazards of asbestos and
the types of preventive measures that could be implemented to reduce
exposures.
MSHA's proposed rule did not include standards to address take-home
contamination from asbestos nor did MSHA propose to change its
analytical method for asbestos. The final rule will be based, in part,
on comments and testimony to the proposed rule, as well as MSHA samplng
and inspection experience.
Anticipated Cost and Benefits: MSHA developed a preliminary regulatory
economic analysis to accompany the proposed rules.
Risks: 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
asbestosis, lung cancer, mesothelioma, and other forms of cancers.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           03/29/02                    67 FR 15134
Notice of Change to Public
Meetings                        04/18/02                    67 FR 19140
ANPRM Comment Period End        06/27/02
NPRM                            07/29/05                    70 FR 42950
NPRM Comment Period End         09/20/05                    70 FR 43950
Public Hearing                  10/18/05                    70 FR 43950
Final Action                    10/00/06
Regulatory Flexibility Analysis Required: No
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: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB24
_______________________________________________________________________
1963. DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND METAL AND
NONMETAL MINERS
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813
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 (66 FR 5706). The final rule established new health
standards for underground metal and nonmetal mines that use equipment
powered by diesel engines. The rule established 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 rule and organized labor intervened in the
litigation. Settlement negotiations with the litigants have resulted in
further regulatory actions on several requirements of the rule. One
final rule was published on February 27, 2002,(67 FR 9180). MSHA issued
an advance notice of proposed rulemaking (ANPRM) on September 25, 2002,
(67 FR 60199) to obtain additional information and published a notice
of proposed rulemaking (NPRM) in August 2003 (68 FR 48668). MSHA issued
a final rule on June 6, 2005(70 FR 32868) that revises MSHA's existing
standards addressing diesel particulate matter (DPM) exposure in
underground metal and nonmetal(M/NM) mines. The rule, among other
things, changes the interim concentration limit measured by total
carbon(TC) to a comparable permissible exposure limit(PEL)measured by
elemental carbon(EC). MSHA is developing a rule to phase in
implementation of the final limit. On September 7, 2005, MSHA proposed
a rule to phase in the final DPM limit because the agency was concerned
that there may be feasibility issues for some mines to meet the final
limit of 160 micrograms by January 20, 2006. Accordingly, MSHA proposed
a five-year phase-in period and noted our intent to initiate a separate
rulemaking to convert the final DPM limit from a total carbon limit to
an elemental carbon limit. We also proposed to delete the existing
provision that restricts newer mines from applying for an extension of
time for meeting the final concentration limit. In addition, we
requested comments and data on an appropriate conversion factor for the
final DPM limit, technological implementation issues, and the costs and
benefits of the proposed rule. We also requested comments on the
appropriateness of including in a final rule a provision for medical
evaluation of miners required to wear respiratory protection and
transfer of miners who have been determined by a medical professional
to be unable to wear a respirator. Public hearings were held in January
2006.
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 (66 FR 35518).
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 (66 FR
[[Page 22923]]
35521). The final rule on these issues was published February 27, 2002,
and became effective March 29, 2002.
As a result of the second partial settlement agreement, MSHA proposed
specific changes to the 2001 DPM final rule. On September 25, 2002,
MSHA published an ANPRM. In response to commenters, MSHA proposed and
finalized changes only to the interim DPM standard of 400 micrograms
per cubic meter of air. MSHA also committed to proposing a rule to
revise the final DPM limit of 160 micrograms per cubic meter of air.
Summary of Legal Basis: Promulgation of this regulation is authorized
by sections 101 and 103 of the Federal Mine Safety and Health Act of
1977.
Alternatives: This rulemaking would amend and improve health protection
from that afforded by the existing standard.
Anticipated Cost and Benefits: MSHA's preliminary economic analysis
indicates that making the changes under consideration would result in a
net cost savings to the mining industry.
Risks: A number of epidemiological studies have found that exposure to
diesel exhaust presents potential health risks to 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. MSHA 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
________________________________________________________________________
Final Action                    02/27/02                     67 FR 9180
ANPRM                           09/25/02                    67 FR 60199
ANPRM Comment Period End        11/25/02
NPRM                            08/14/03                    68 FR 48668
NPRM Comment Period End         10/14/03
Limited Reopening of the Comment
Period                          02/20/04                     69 FR 7881
Limited Reopening of the Comment
Period End                      04/05/04                     69 FR 7881
Final Action                    06/06/05                    70 FR 32868
Final Action Effective          07/06/05
Second NPRM                     09/07/05                    70 FR 53280
Notice of Public Hearing        09/07/05                    70 FR 53280
Close of Comment Period         09/07/05                    70 FR 53280
Request for Data                09/07/05                    70 FR 53280
Comment Period Extended         09/19/05                    70 FR 55018
Change of Public Hearings Dates 09/19/05                    70 FR 55018
Extension Of Comment Period     01/26/06                     71 FR 4331
Final Action                    05/00/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB29
_______________________________________________________________________
1964. FIRE EXTINGUISHERS IN UNDERGROUND COAL MINES
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 75.1100-2
Legal Deadline: None
Abstract: The fire protection requirement in 30 CFR 75.1100-2(a)(2)
requires rock dust and water at the underground workings at anthracite
coal mines, and (e)(2) requires a fire extinguisher and rock dust at
temporary electrical installations. MSHA has granted 101(c) petitions
for modification allowing operators to use only fire extinguishers in
lieu of rock dust and other requirements at these two locations. This
direct final rule would eliminate the need to file petitions to use
this alternative method of compliance.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Direct Final Rule               06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB40
_______________________________________________________________________
1965. <bullet> EVALUATION OF INTERNATIONAL ELECTROTECHNICAL
COMMISSION'S STANDARDS FOR EXPLOSION-PROOF ENCLOSURES
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 6; 30 CFR 7; 30 CFR 18
Legal Deadline: None
Abstract: MSHA reviewed the requirements of the International
Electrotechnical Commission's (IEC) standards for Electrical Apparatus
for Explosive Gas Atmospheres to determine if they are equivalent to
MSHA's applicable product approval requirements or can be modified to
provide at least the same degree of protection as our requirements.
This final rule promulgates MSHA's equivalency determination for two of
the IEC's Standards for Electrical Apparatus. These two standards, with
specified modifications, will provide the same degree of protection as
MSHA's applicable approval requirements for explosion-proof enclosures
in 30 CFR parts 7 and 18.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Final Action                    04/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson
[[Page 22924]]
Boulevard, Room 2349, Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB42
_______________________________________________________________________
1966. <bullet> EMERGENCY MINE EVACUATION
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 18; 30 CFR 48; 30 CFR 50; 30 CFR 75
Legal Deadline: Final, Statutory, December 9, 2006.
Abstract: The Mine Safety and Health Administration has issued an
emergency temporary standard under section 101(b) of the Federal Mine
Safety and Health Act of 1977 in response to the grave danger which
miners are exposed to during underground coal mine accidents and
subsequent evacuations. The recent January 2006 mine accidents and
fatalities demonstrate the need for MSHA to take additional action that
will improve mine operators' ability to respond to mine emergencies.
This emergency temporary standard includes requirements for immediate
accident notification; self-contained self-rescuer storage, training,
and use; and the installation, use and maintenance of lifelines in
underground mine escapeways.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Emergency Temporary Standard    03/09/06                    71 FR 12252
Emergency Temporary Standard
Effective                       04/10/06
Public Hearing                  04/00/06
Change of Public Hearing Dates  03/27/06                    71 FR 15028
Final Action                    12/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB46
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1967. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813; 30 USC 961; 30 USC 957
CFR Citation: 30 CFR 70; 30 CFR 75; 30 CFR 90
Legal Deadline: None
Abstract: Our current standards 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.
In response to comments received on the July 2000 proposed rule for
MSHA to withdraw the rule, MSHA published a new proposed rule on March
6, 2003. The proposed rule would have required mine operators to
verify, through sampling, the effectiveness of the dust control
parameters for each mechanized mining unit specified in the approved
mine ventilation plan.
The use of approved powered air-purifying respirators and/or verifiable
administrative controls would have been allowed as a supplemental means
of compliance when MSHA had determined that all feasible engineering or
environmental controls were exhausted.
Public hearings were held in May 2003, and the comment period,
originally scheduled to close on June 4, 2003, was extended until July
3, 2003. On June 24, 2003, MSHA announced that all work on the final
rule would cease and the rulemaking record would remain open in order
to obtain information concerning Personal Dust Monitors being tested by
NIOSH. A Federal Register notice was published on July 3, 2003,
extending the comment period indefinitely.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/07/00                    65 FR 42122
Notice of Hearings; Close of
Record                          07/07/00                    65 FR 42186
Close of Record                 08/11/00
Extension of Comment Period;
Close of Record                 08/11/00                    65 FR 49215
NPRM                            03/06/03                    68 FR 10784
Notice of Public Hearing; Close
of Record                       03/17/03                    68 FR 12641
Extension of Comment Period     05/29/03                    68 FR 32005
NPRM Comment Period End         06/04/03
Extension of Comment Period     07/03/03                    68 FR 39881
NPRM                             To Be                       Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: This rulemaking is related to RIN 1219-AB18
(Determination of Concentration of Respirable Coal Mine Dust).
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
Related RIN: Related to 1219-AB18
RIN: 1219-AB14
[[Page 22925]]
_______________________________________________________________________
1968. 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 F.3d 1264 (11th
Cir. 1998). MSHA and NIOSH reopened the rulemaking record on March 6,
2003, to obtain comments on documents added to the rulemaking record
since the proposed rule was published July 7, 2000. Public hearings
were held in May 2003 and the comment period, originally scheduled to
close on June 4, 2003, was extended until July 3, 2003. However, on
June 24, 2003, MSHA announced that all work on the final rule would
cease. On August 12, 2003, the Agencies reopened the rulemaking record
and extended the comment period indefinitely. MSHA will be
collaborating with NIOSH, miners' representatives, industry and the
manufacturer in the in-mine testing of production prototype Personal
Dust Monitors (PDMs) units. The results of the collaborative effort
will guide the Agency in determining the functionality of these real-
time dust monitoring devices and need for revisions to the coal
respirable dust monitoring requirements.
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     08/11/00                    65 FR 49215
Reopen Record for Comments      03/06/03                    68 FR 10940
Notice of Public Hearings; Close
of Record                       03/17/03                    68 FR 12641
Extension of Comment Period     05/29/03                    68 FR 32005
Reopen Record Comment Period End06/04/03
Extension of Comment Period;
Reopening of Record             08/12/03                    68 FR 47886
Reopening of Record; Correction 04/01/03                    68 FR 15691
NPRM                             To Be                       Determined
Regulatory Flexibility Analysis Required: Undetermined
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).
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
Related RIN: Related to 1219-AB14
RIN: 1219-AB18
_______________________________________________________________________
1969. RESPIRABLE CRYSTALLINE SILICA STANDARD
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813
CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 58; 30 CFR 70; 30 CFR 71; 30
CFR 72; 30 CFR 90
Legal Deadline: None
Abstract: Current standards limit exposures to quartz (crystalline
silica) in respirable dust. The coal mining industry standard is based
on the formula 10mg/m3 divided by the percentage of quartz where the
quartz percent is greater than 5.0 percent calculated as an MRE
equivalent concentration. The metal and nonmetal mining industry
standard is based on the 1973 American Conference of Governmental
Industrial Hygienists (ACGIH) Threshold Limit Values formula: 10 mg/m3
divided by the percentage of quartz plus 2. Overexposure to crystalline
silica can result in some miners developing silicosis which may
ultimately be fatal. Both formulas are designed to maintain exposures
to 0.1 mg/m3 (100 ug) of silica. The Secretary of Labor's Advisory
Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers
made several recommendations related to reducing exposure to silica.
NIOSH and ACGIH recommend a 50ug/ m3 exposure limit for respirable
crystalline silica. MSHA is considering several options to reduce
miners' exposure to crystalline silica.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information          To Be                       Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB36
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1970. IMPROVING AND ELIMINATING REGULATIONS
Priority: Other Significant
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. MSHA have reviewed its
current regulations and identified provisions that are outdated,
redundant, unnecessary, or otherwise require change. MSHA will be
making
[[Page 22926]]
these changes through notice and comment rulemaking where necessary. We
will also consider new regulations that reflect ``best practices'' in
the mining industry. MSHA views this effort to be evolving and ongoing
and will continue to accept recommendations from the public. MSHA
published a final rule allowing the use of low-and medium voltage
diesel-powered electrical generators as an alternative means of
powering electrical equipment.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM Comment Period End: Methane
Testing                         11/25/02                    67 FR 60611
NPRM: Spring-Loaded Locks       01/22/03                     68 FR 2941
Direct Final Rule: Spring-Loaded
Locks                           01/22/03                     68 FR 2879
Withdrawal of Direct Final Rule:
Spring-Loaded Locks             03/07/03                    68 FR 10965
NPRM: Sanitary Toilets          04/21/03                    68 FR 19477
NPRM: Seatbelts                 04/21/03                    68 FR 19474
Direct Final Rule: Sanitary
Toilets                         04/21/03                    68 FR 19347
Direct Final Rule: Seatbelts    04/21/03                    68 FR 19344
Final Rule: Sanitary Toilets    06/23/03                    68 FR 37082
Final Rule: Spring-Loaded Locks 06/23/03                    68 FR 37077
Final Rule Effective
(Confirmation): Seatbelts       06/30/03                    68 FR 36913
NPRM: Methane Testing           07/07/03                    68 FR 40132
Final Rule: Methane Testing     07/07/03                    68 FR 40132
Final Rule Effective: Sanitary
Toilets                         07/23/03                    68 FR 37082
Final Rule Effective: Spring-
Loaded Locks                    08/22/03                    68 FR 37077
NPRM: Portable Diesel Generator 06/25/04                    69 FR 35992
Notice of Public Hearing -
Diesel Generators               08/23/04                    69 FR 51784
NPRM Comment Period End         12/10/04
Final Action                    12/30/05                    70 FR 77728
Final Action Effective          02/28/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AA98
_______________________________________________________________________
1971. TRAINING STANDARDS FOR SHAFT AND SLOPE CONSTRUCTION WORKERS AT
UNDERGROUND MINES
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 825
CFR Citation: 30 CFR 48.2; 30 CFR 48.3; 30 CFR 48.8; 30 CFR 48.22; 30
CFR 48.23; 30 CFR 48.28
Legal Deadline: None
Abstract: The final rule removes the training exclusion for shaft and
slope construction workers. Shaft and slope construction workers will
now receive training for new miners, training for experienced miners,
task training, and annual refresher training, and hazard training. The
rule will provide shaft and slope construction workers with the same
type of safety and health training afforded other miners.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/16/04                    69 FR 42842
Public Hearing                  08/24/04
Public Hearing                  08/26/04
Comment Period End              09/14/04
Final Action                    12/30/05                    70 FR 77716
Final Action Effective          06/28/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB35
_______________________________________________________________________
1972. PART 5--FEES FOR TESTING, EVALUATION, AND APPROVAL OF MINING
PRODUCTS
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 5
Legal Deadline: None
Abstract: MSHA published a direct final rule to amend provisions of 30
CFR part 5, ``Fees for testing, evaluation, and approval of mining
products.'' MSHA has streamlined the manner in which the fee system is
administered. This rule updates the existing regulation to reflect
these changes, including: (1) The existing rule requires an application
fee to offset costs of the initial administrative review of the
application. Upon approval, this amount is deducted from the total fees
due. MSHA deemed the practice to be an unnecessary administrative
burden and eliminated the requirement. (2) Most fees are set on an
hourly basis; however, the MSHA Stamped Notification Acceptance Program
(SNAP) and Stamped Revision Acceptance (SRA) Program charged only a
nominal fixed fee for acceptance of certain changes to existing
approvals. Each program covered specific types of products. To
streamline this process, MSHA replaced both programs with the Revised
Acceptance Modification Program (RAMP), which provided one process for
all types of products. (3) The previous rule required MSHA to initially
research the application and provide the applicant with an estimated
maximum fee prior to beginning the technical investigation of the
product. To expedite the approval process, MSHA now permits the
applicant to pre-authorize an amount for each approval, which in turn
allows MSHA to immediately begin the technical investigation while the
fee estimate is being processed.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/09/05                    70 FR 46345
Direct Final Rule               08/09/05                    70 FR 46336
NPRM Comment Period End         10/11/05
Direct Final Rule Effective     11/07/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
[[Page 22927]]
Agency Contact: Patricia W. Silvey, Acting Director, Office of
Standards, Regulations, and Variances, Department of Labor, Mine Safety
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington,
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: psilvey@msha.gov
RIN: 1219-AB38
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Office of the Assistant Secretary for Administration and Management
(OASAM)
_______________________________________________________________________
1973. 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 of the Act
prohibits discrimination by recipients of financial assistance under
title I on the grounds of race, color, national origin, sex, age,
disability, religion, political affiliation or belief, and for
beneficiaries only, citizenship or participation in a WIA title I-
financial assisted program or activity. 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 WIA.
Such regulations are to include standards for determining compliance
and procedures for enforcement that are consistent with the acts
referenced 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. This 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
NPRM                            09/30/03                    68 FR 56386
NPRM Comment Period End         12/01/03
Final Rule                       To Be                       Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Local, State, Tribal
Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center,
Department of Labor, Office of the Assistant Secretary for
Administration and Management, 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
_______________________________________________________________________
1974. GRANTS AND AGREEMENTS
Priority: Other Significant
Legal Authority: PL 105-277
CFR Citation: 29 CFR 95
Legal Deadline: None
Abstract: This regulation amends 29 CFR 95.36, to ensure that all data
produced under an award will be available to the public through the
procedures established in the Freedom of Information Act. Public Law
105-277, mandated this change. The regulation was published as
``interim final'' on May 16, 2000, and is in effect. This is a
regulation developed and published as a common rule (Governmentwide).
Since its publication, the lead agency (HHS) has not approached other
Federal agencies to finalize the regulation. Public comments were
submitted to HHS and to DOL (1 comment received) to be addressed in the
publication of the regulation as final.
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 End                      05/15/00
Final Rule                       To Be                       Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Daniel P. Murphy, Management Services, Department of
Labor, Office of the Assistant Secretary for Administration and
Management, 200 Constitution Avenue NW., Room S-1513(B) FP Building,
Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: oasamregcomments@dol.gov
RIN: 1291-AA30
[[Page 22928]]
_______________________________________________________________________
Department of Labor (DOL)                                 Prerule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1975. 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 for Testing and Materials (ASTM) has published a recommended
standard for addressing the hazards of crystalline silica. The Building
Construction Trades Department of the AFL-CIO has also developed a
recommended comprehensive program standard. These standards include
provisions for methods of compliance, exposure monitoring, training,
and medical surveillance.
Statement of Need: Over two 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 operations, 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
of death. 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 tuberculosis and other
nonmalignant respiratory diseases, as well as 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 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 rule
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 non-regulatory 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. The Agency is currently evaluating several options for the
scope of the rulemaking.
Anticipated Cost and Benefits: The scope of the proposed rulemaking and
estimates of the costs and benefits are still under development.
Risks: A detailed risk analysis is under way.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Completed SBREFA Report         12/19/03
Complete Peer Review of Health
Effects and Risk Assessment     11/00/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB70
_______________________________________________________________________
1976. 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 to collect needed information on beryllium's toxicity, risks,
and patterns of usage.
[[Page 22929]]
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 is using this information to develop a proposed rule
addressing occupational exposure to beryllium.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         11/26/02                    67 FR 70707
Complete SBREFA Report          08/00/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB76
_______________________________________________________________________
1977. 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 asked OSHA to update subpart N. OSHA
determined that the existing rule needs to be revised and established a
negotiated rulemaking committee to develop a draft proposed rule.
The negotiated rulemaking committee completed 11 meetings since July of
2003 and in July 2004 submitted a recommended revision of the crane
standard to the Assistant Secretary of OSHA. OSHA is currently
conducting an economic analysis of the draft rule. At the time this
Semi-Annual Regulatory Agenda went to press, a determination had not
yet been made as to whether a SBREFA Panel will be needed. Should the
SBREFA process not be needed, as determined by a regulatory flexibility
screening analysis, and not used, a proposed rule would be the next
step. If a SBREFA panel is convened, the next step will be to issue a
SBREFA Panel Report.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Notice of Intent To Establish
Negotiated Rulemaking           07/16/02                    67 FR 46612
Comment Period End              09/16/02
Request for Comments on Proposed
Committee Members               02/27/03                     68 FR 9036
Request for Comment Period End  03/31/03                     68 FR 9036
Established Negotiated
Rulemaking Committee            06/12/03                    68 FR 35172
Rulemaking Negotiations
Completed                       07/30/04
SBREFA Panel Report             09/00/06
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, 200 Constitution Avenue NW., FP Building, Washington,
DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AC01
_______________________________________________________________________
1978. EXCAVATIONS (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 651 et seq; 5 USC 610
CFR Citation: 29 CFR 1926.650 to 1926.652
Legal Deadline: None
Abstract: OSHA has undertaken a review of the Agency's 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 is considering 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              11/19/02
End Review                      09/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John Smith, Directorate of Evaluation and Analysis,
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov
RIN: 1218-AC02
_______________________________________________________________________
1979. EMERGENCY RESPONSE AND PREPAREDNESS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: Emergency responder health and safety is currently regulated
[[Page 22930]]
primarily under the following standards: the fire brigade standard (29
CFR 1910.156); hazardous waste operations and emergency response (29
CFR 1910.120); the respiratory protection standard (29 CFR 1910.134);
the permit-required confined space standard (29 CFR 1910.146); and the
bloodborne pathogens standard (29 CFR 1910.1030). Some of these
standards were promulgated decades ago and none were designed as
comprehensive emergency response standards. Consequently, they do not
address the full range of hazards or concerns currently facing
emergency responders. Many do not reflect major changes in performance
specifications for protective clothing and equipment. Current OSHA
standards also do not reflect all the major developments in safety and
health practices that have already been accepted by the emergency
response community and incorporated into National Fire Protection
Association (NFPA) and American National Standards Institute consensus
standards. OSHA will be collecting information to evaluate what action
the agency should take.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         05/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism:  Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC17
_______________________________________________________________________
1980. LEAD IN CONSTRUCTION (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610
CFR Citation: 29 CFR 1926.62
Legal Deadline: None
Abstract: OSHA will undertake a review of the Lead in Construction
Standard (29 CFR 1926.62) 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, 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.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Begin Review                    06/06/05                    70 FR 32739
End Review Comment Period
Extended 11/00/2005             09/06/05                    70 FR 32739
End Review                      12/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John Smith, Directorate of Evaluation and Analysis,
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov
RIN: 1218-AC18
_______________________________________________________________________
1981. STANDARDS IMPROVEMENT
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: OSHA is continuing its efforts to remove or revise
duplicative, unnecessary, and inconsistent safety and health standards.
This effort builds upon the success of the Standards Improvement
Project (SIPS) Phase I published on June 18, 1998 (63 FR 33450) and
Phase II published on January 5, 2005 (70 FR 1111). The Agency believes
that such changes can reduce compliance costs and reduce the paperwork
burden associated with a number of its standards. The Agency will only
consider such changes if they do not diminish employee protections. To
initiate the project, OSHA will be publishing an advance notice of
proposed rulemaking (ANPRM) to solicit input from the public on rules
that may be addressed in Phase III of SIPS. The Agency plans to include
both safety and health topics in Phase III.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           06/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC19
_______________________________________________________________________
1982. HAZARD COMMUNICATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29
CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21
Legal Deadline: None
Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical
manufacturers and importers to evaluate the hazards of the chemicals
they produce or import, and prepare labels and material safety data
sheets to convey the hazards and associated protective measures to
users of the chemicals. All employers with hazardous chemicals in their
workplaces are required to have a hazard communication program,
including labels on containers, material safety data sheets, and
training for employees. Within the United States (US), there are other
Federal agencies that also have requirements for classification and
labeling of chemicals at different stages of the life cycle.
Internationally, there are a number of countries that have developed
similar laws that require information about chemicals to be prepared
and transmitted to affected parties. These laws vary with regard to the
scope of
[[Page 22931]]
substances covered, definitions of hazards, the specificity of
requirements (e.g., specification of a format for MSDSs), and the use
of symbols and pictograms. The inconsistencies between the various laws
are substantial enough that different labels and safety data sheets
must often be used for the same product when it is marketed in
different nations.
The diverse and sometimes conflicting national and international
requirements can create confusion among those who seek to use hazard
information. Labels and safety data sheets may include symbols and
hazard statements that are unfamiliar to readers or not well
understood. Containers may be labeled with such a large volume of
information that important statements are not easily recognized.
Development of multiple sets of labels and safety data sheets is a
major compliance burden for chemical manufacturers, distributors, and
transporters involved in international trade. Small businesses may have
particular difficulty in coping with the complexities and costs
involved.
As a result of this situation, and in recognition of the extensive
international trade in chemicals, there has been a longstanding effort
to harmonize these requirements and develop a system that can be used
around the world. In 2003, the United Nations adopted the Globally
Harmonized System of Classification and Labeling of Chemicals (GHS).
Countries are now considering adoption of the GHS into their national
regulatory systems. There is an international goal to have as many
countries as possible implement the GHS by 2008. OSHA is considering
modifying its HCS to make it consistent with the GHS. This would
involve changing the criteria for classifying health and physical
hazards, adopting standardized labeling requirements, and requiring a
standardized order of information for safety data sheets.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           05/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC20
_______________________________________________________________________
1983. NOTICE ON SUPPLIER'S DECLARATION OF CONFORMITY (SDOC)
Priority: Info./Admin./Other. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: OSHA requests information and comments on a specific proposal
submitted to OSHA to permit the use of a Supplier's Declaration of
Conformity (SDoC) as part of, or as an alternative to, the Nationally
Recognized Testing Laboratories (NRTLs) product approval process. NTRLs
are third-party (i.e., independent) organizations, and many of OSHA's
workplace standards require that certain types of equipment be approved
(i.e., tested and certified) by an NRTL. Under SDoC, manufacturers
self-approve their products.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         11/15/05                    70 FR 69355
RFI Comment Period End          02/13/06
Review Comments                 10/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Ruth McCully, Director, Directorate of Science,
Technology, and Medicine, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., Room N3653, FP
Building, Washington, DC 20210
Phone: 202 693-2300
Fax: 202 693-1644
Email: mccully.ruth@dol.gov
RIN: 1218-AC21
_______________________________________________________________________
1984. <bullet> REVISION AND UPDATE OF STANDARDS FOR POWER
PRESSES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910.217
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration's (OSHA)
mechanical power press standard, (29 CFR 1910.217), protects employees
from injuries that result from working with or around mechanical power
presses through the use of machine guards (prevents hands in danger
zone) and through limitations on initiation of a press cycle (either
two-hand or foot operated). A presence-sensing device (PSD), typically
a light curtain, initiates a press cycle only when the system indicates
that no objects, such as a hand, are within the hazard zone. OSHA
adopted the use of presence-sensing device initiation(PSDI) on
mechanical power presses believing that the provision would
substantially protect workers and improve productivity. However, OSHA
required ht PSDI systems be validated by an OSHA-certified third party,
and no organization has agreed to validate PSDI installations. OSHA
performed a look back review of PSDI and determined that the current
ANSI standard permits PSDI without independent validation but includes
other provisions to maintain PSDI safety.
Based on its completion of the look back review of PSDI (69 FR 31927),
OSHA is planning to revise and update standard on power presses, which
currently covers only mechanical power presses. OSHA will base the
revision of the 2001 or later edition of the American National
Standards Institute (ANSI) standard on Mechanical Power Presses, ANSI
B11.1. Further, OSHA is considering expanding the standard to cover
other presses such as hydraulic and pneumatic power presses and to
include the latest guarding techniques. This revision will provide the
first major update of the Mechanical Power Presses Standard since it
was originally published in 1971.
[[Page 22932]]
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           09/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected:  Businesses
Government Levels Affected: Undetermined
Federalism:  Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC22
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1985. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING
SUFFOCATION/ EXPLOSIONS IN CONFINED SPACES
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 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.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
SBREFA Panel Report             11/24/03
NPRM                            10/00/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Russell B. Swanson, Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Washington,
DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AB47
_______________________________________________________________________
1986. 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                            10/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB50
_______________________________________________________________________
1987. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL
PROTECTIVE EQUIPMENT
Priority: Economically Significant. Major under 5 USC 801.
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 has developed a revision of this standard that will prevent
many of these fatalities, add flexibility to the standard, and update
and streamline the standard. OSHA also intends to amend the
corresponding standard for general industry so that requirements for
work performed during the maintenance of electric power transmission
and distribution installations are the same as those for similar work
in construction. In addition, OSHA will be revising a few miscellaneous
general industry requirements primarily affecting electric transmission
and distribution work, including provisions on electrical protective
equipment and foot protection. This rulemaking also addresses fall
protection in aerial lifts for power generation, transmission and
distribution work. OSHA published an NPRM on June 15, 2005. A public
hearing took place beginning on March 6, 2006.
[[Page 22933]]
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
SBREFA Report                   06/30/03
NPRM                            06/15/05                    70 FR 34821
NPRM Comment Period End         10/13/05
Comment Period Extended to 01/
11/2006                         10/12/05                    70 FR 59290
Public Hearing to be held 03/06/
2006                            10/12/05                    70 FR 59290
Post-Hearing Comment Period End 07/14/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB67
_______________________________________________________________________
1988. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARDS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 655(b)
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 2 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
more than 30 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 undertaking a multi-year project to update these
standards. A notice describing the project was published in the Federal
Register on November 24, 2004 (69 FR 68283). The first final rule was
published on September 13, 2005. Several additional sets of standards
are in preparation.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            11/24/04                    69 FR 68706
Direct Final Rule               11/24/04                    69 FR 68712
NPRM Comment Period End         12/27/04                    69 FR 68706
Withdraw Direct Final Rule      02/18/05                     70 FR 8290
Direct Final Rule Effective Date02/22/05
Final Rule                      09/13/05                    70 FR 53925
Final Rule Effective            11/14/05
NPRM                            09/00/06
Direct Final Rule               09/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC08
_______________________________________________________________________
1989. EXPLOSIVES
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.109
Legal Deadline: None
Abstract: OSHA is 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.
Initially, OSHA planned to revise the pyrotechnics requirements in this
NPRM. However, based on our work to date, it appears appropriate to
reserve action on these requirements for a second phase of rulemaking.
The agency therefore plans to propose revisions to 29 CFR 1910.109
without any changes to the existing pyrotechnics requirements, and at a
future date will develop a proposed rule for pyrotechnics revision.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            08/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC09
[[Page 22934]]
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1990. 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 an industry consensus standard, ANSI Z88.2-1992. For some classes of
respirators, the NIOSH and ANSI APFs vary greatly.
This rulemaking action will complete the 1998 standard, reduce
compliance confusion among employers, and provide employees with
consistent and appropriate respiratory protection. On June 6, 2003,
OSHA published an NPRM on Assigned Protection Factors in the Federal
Register at 68 FR 34036 containing a proposed APF table, and requesting
public comment. The extended comment period ended October 2, 2003, and
an informal public hearing was held January 28-30, 2004.
Statement of Need: About five million employees wear respirators as
part of their regular job duties. Due to inconsistencies between the
APFs found in 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.
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 under that
standard.
Alternatives: OSHA has considered allowing the current situation to
continue. Accordingly, OSHA generally enforces NIOSH APFs, but many
employers follow the more recent ANSI Z88.2-1992 APFs. However,
allowing the situation to continue results in inconsistent enforcement,
lack of guidance for employers, and the potential for inadequate
employee protection.
Anticipated Cost and Benefits: The estimated compliance costs for
OSHA's proposed APF rule are $4.6 million. The APFs proposed in this
rulemaking help to ensure that the benefits attributed to proper
respiratory protection under 29 CFR 1910.134 are achieved, as well as
provide an additional degree of protection.
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 has been 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                            06/06/03                    68 FR 34036
NPRM Comment Period End         09/04/03
NPRM Comment Period Extended    10/02/03                    68 FR 53311
Public Hearing on 01/28/2004    11/12/03                    68 FR 64036
Final Rule: Revocation of
Respiratory Protection M. TB    12/31/03                    68 FR 75767
Public Hearing                  01/28/04
Post-Hearing Comment and Brief
Period Extended                 03/30/04                    69 FR 16510
Post-Hearing Comment Period End 04/29/04
Post-Hearing Briefs End         05/29/04
Final Action                    07/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AA05
_______________________________________________________________________
1991. 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 has published an NPRM to
address safety issues related to VTLs. The extended comment period
concluded 2/13/04, and an informal public hearing was held on 7/29-30/
04. The rulemaking record was open through 11/30/04. Subsequently, new
information was submitted to the docket. The Administrative Law Judge
gave hearing participants 45 days to review this information and
comment on it. Comments were due June 27, 2005. The Agency is analyzing
the
[[Page 22935]]
information and comments received to prepare the final action.
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                     09/16/03                    68 FR 54298
NPRM Comment Period End 2/13/04 12/10/03                    68 FR 68804
Public Hearing                  07/29/04                    69 FR 19361
Final Action                    11/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AA56
_______________________________________________________________________
1992. 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. In 1999, OSHA proposed to require employers to
pay for PPE, with a few exceptions. The Agency continues to consider
how to address this issue, and re-opened the record on 7/8/2004 to get
input on issues related to PPE considered to be a ``tool of the
trade''. The comment period ended 8/23/2004.
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
Limited Reopening of Record     07/08/04                    69 FR 41221
Comment Period End              08/23/04
Final Action                    09/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, Local, State
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB77
_______________________________________________________________________
1993. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS
Priority: Other Significant
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 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
the 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 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. OSHA has
evaluated public comment received in response to the NPRM, and a final
action is being prepared.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            04/05/04                    69 FR 17773
NPRM Comment Period End         06/04/04
Final Action                    07/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB95
_______________________________________________________________________
1994. NFPA STANDARDS IN SHIPYARD FIRE PROTECTION
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1915.4; 29 CFR 1915.505; 29 CFR 1915.507
Legal Deadline: None
Abstract: In this rulemaking, OSHA is updating National Fire Protection
Association (NFPA) standards incorporated by reference in the OSHA 29
CFR part 1915 subpart P fire protection standards. OSHA published a
final rule for subpart P in 2004 that included nine NFPA standards that
have been updated since the rule was proposed. OSHA plans to issue a
direct final rulemaking, along with a notice of proposed rulemaking, to
update the NFPA standards.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Direct Final Rule               06/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
[[Page 22936]]
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC16
_______________________________________________________________________
1995. <bullet> NEW YORK STATE PLAN--CERTIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 667
CFR Citation: 29 CFR 1956
Legal Deadline: None
Abstract: OSHA will certify under section 18(c) of the OSH Act that the
New York State occupational safety and health plan for public employees
only, which is administered by the New York Department of Labor, Public
Employee Safety and Health Program (PESH), has completed and submitted
all the documentation (statutes, regulations, procedures, et al.)
necessary for a structurally complete State Plan and that the
components of its plan have been determined to be ``at least as
effective'' as the Federal program.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Final Action                    07/00/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Local, State
Agency Contact: Paula O. White, Director, Cooperative and State
Programs, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Washington,
DC 20210
Phone: 202 693-2200
Fax: 202 693-1671
Email: paula.white@dol.gov
RIN: 1218-AC24
_______________________________________________________________________
1996. <bullet> PROCEDURES FOR HANDLING DISCRIMINATION
COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES
Priority: Info./Admin./Other. Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300j-9(i); 33 USC 1367; 15 USC 2622; 42 USC
6971; 42 USC 7622; 42 USC 9610; 42 USC 5851; . . .
CFR Citation: 29 CFR 24
Legal Deadline: None
Abstract: Section 629, the employee protection provision of the Energy
Policy Act of 2005 amended the Energy Reorganization Act of 1978, 42
USC Sec. 5851. The amendments add Department of Energy and Nuclear
Regulatory Commission employees to the employees covered under the Act,
as are contractors and subcontractors of the Commission. In addition,
Congress added a ``kick-out'' provision allowing the complainant to
remove the complaint to District Court if the Secretary of Labor has
not issued a final decision within a year of the filing of the
complaint. These are significant changes to the ERA, necessitating
immediate revision of the regulations, 29 C.F.R. Part 24, Procedures
for the Handling of Discrimination Complaints under Federal Employee
Protection Statutes, which governs whistleblower investigations under
the Energy Reorganization Act of 1978 as well as under the six EPA
statutes.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              05/00/06
Interim Final Rule Comment
Period End                      06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Nilgun Tolek, Director, Office of Investigative
Assistance, Department of Labor, Occupational Safety and Health
Administration, N3610, 200 Constitution Avenue NW., FPB, Washington, DC
20210
Phone: 202 693-2531
Fax: 202 693-2369
RIN: 1218-AC25
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1997. 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 published a notice to re-open the rulemaking for
comment on a number of issues raised in the record for the NPRM. As a
result of the comments received on that notice, OSHA has determined
that the rule proposed in 1990 is out-of-date and does not reflect
current industry practice or technology. The Agency will develop a new
proposal, modified to reflect current information, as well as re-assess
the impact.
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
Reopen Record                   05/02/03                    68 FR 23527
Comment Period End              07/31/03
NPRM                            04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
[[Page 22937]]
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB80
_______________________________________________________________________
1998. 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. Work continues on
collecting and analyzing information to determine technological and
economic feasibility of possible approaches.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
ANPRM                           08/05/02                    67 FR 50610
ANPRM Comment Period End        11/04/02
Stakeholder Meetings            03/24/04
Additional Stakeholder Meeting  07/21/04
Next Action Undetermined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB89
_______________________________________________________________________
1999. IONIZING RADIATION
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 1910.1096 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. A request for information
was published on May 3, 2005. Subsequently, the National Academy of
Science released the latest version of a significant report on the
biological effects of ionizing radiation. OSHA extended the comment
period on the request for information to ensure commenters had the
opportunity to consider this new report. The next step for the ionizing
radiation project is to hold discussions with key stakeholders. OSHA
plans to hold a series of meetings targeted to specific stakeholder
groups including state organizations with responsibility for worker
exposure to ionizing radiation, professional associations and specific
industry groups such as dental, medical and veterinary professionals.
OSHA believes that these targeted meetings will be detailed technical
discussions that will inform the Agency on current practices, the use
radiation devices and approaches to protecting employees from exposure
to ionizing radiation.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information (RFI)   05/03/05                    70 FR 22828
Request for Information Comment
Period End                      08/01/05                    70 FR 22828
Request for Information Comment
Period Extended                 11/28/05                    70 FR 44074
Stakeholder Meetings            04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC11
[[Page 22938]]
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
2000. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING
OCCUPATIONAL ILLNESS: CHROMIUM)
Priority: Economically Significant. Major under 5 USC 801.
Unfunded Mandates: This action may affect the private sector under PL
104-4.
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910
Legal Deadline: NPRM, Judicial, October 4, 2004.
Final, Judicial, February 28, 2006.
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 Unions (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. The
ceiling limit applies to all forms of CrVI, including chromic acid and
chromates, lead chromate, and zinc chromate. The current PEL of 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 OCAW 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 and Paper, Allied-International, Chemical
and Energy Workers International Union (PACE) 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. OSHA published a notice of
proposed rulemaking on CrVI on October 4, 2004. Public hearings were
held February 1-15, 2005. A post-hearing comment period, established by
the Administrative Law Judge, closed on April 20, 2005. After a review
of the record and consideration of all comments and data submitted in
response to the proposal of October 4, 2004, OSHA published a final
CrVI standard on February 28, 2006. The final CrVI standard sets a new
permissible exposure limit of 5 ug/m3 as a TWA for all CrVI compounds
and covers general industry, construction and shipyards.
Statement of Need: Approximately 558,000 workers are exposed to CrVI in
general industry, maritime, construction, and agriculture. Industries
or work processes that could be particularly affected by a standard for
CrVI include: Electroplating, welding, painting, chromate production,
chromate pigment production, ferrochromium production, iron and steel
production, chromium catalyst production, and chromium dioxide and
sulfate production. Exposure to CrVI has been shown to produce lung
cancer, an often fatal disease, among workers exposed to CrVI
compounds. The International Agency for Research on Cancer (IARC)
classifies CrVI compounds as a Group 1 Carcinogen: Agents considered to
be carcinogenic in humans. The Environmental Protection Agency (EPA)
and the American Conference of Governmental Industrial Hygienists
(ACGIH) have also designated CrVI compounds as known and confirmed
human carcinogens, respectively. Similarly, the National Institute for
Occupational Safety and Health (NIOSH) considers CrVI compounds to be
potential occupational carcinogens. OSHA's current standards for CrVI
compounds, adopted in 1971, were established to protect against nasal
irritation. Therefore, there is a need to revise the current standard
to protect workers from lung cancer.
Summary of Legal Basis: The legal basis for the rule is a determination
that workers are exposed to a significant risk of lung cancer and
dermatoses and that rulemaking was needed to substantially reduce the
risk.
Alternatives: OSHA considered non-regulatory approaches, including the
dissemination of guidance on its Web site. However, OSHA determined
that rulemaking is a necessary step to ensure that workers are
protected from the hazards of CrVI and the Agency was ordered by the
U.S. Court of Appeals to move forward with a final rule.
Anticipated Cost and Benefits: OSHA estimated the cost of the final
standard at $282 million per year. OSHA estimated the standard would
prevent an average of 40 to 145 cases of cancer per year.
Risks: A detailed risk analysis is included in the final rule.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Request for Information         08/22/02                    67 FR 54389
Comment Period End              11/20/02
Initiate SBREFA Process         12/23/03
SBREFA Report                   04/20/04
NPRM                            10/04/04                    69 FR 59305
NPRM Comment Period End         01/03/05
Public Hearings 2/1-15/2005     02/01/05
Final Rule                      02/28/06                    71 FR 10100
Final Action Effective          05/30/06
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Local, State
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB45
[[Page 22939]]
_______________________________________________________________________
2001. SLIP RESISTANCE OF SKELETAL STRUCTURAL STEEL
Priority: Other Significant
Legal Authority: 29 USC 655(b) ; 40 USC 333; 29 CFR 1911
CFR Citation: 29 CFR 1926.754(c)(3)
Legal Deadline: Other, Judicial, July 18, 2004, Notice of limited
reopening of record for 1926.754(c)(3).
Final, Judicial, January 18, 2006, Final Rule Deadline per Settlement
Agreement.
Per Settlement Agreement (Steel Coalition, Resilient Floor Covering
Institute v. OSHA).
Abstract: On May 11, 1994 OSHA established the Steel Erection
Negotiated Rulemaking Advisory Committee. On August 13, 1998 OSHA
published a notice of proposed rule making, permitting time for written
comments and public hearings. Following notice and comment the final
rule for the steel erection standard was published on January 18, 2001.
On April 3, 2003, OSHA entered into a settlement agreement with the
Steel Coalition and Resilient Floor Covering Institute whereby OSHA
agreed to a limited reopening of the administrative record of docket S-
775 regarding paragraph 1926.754(c)(3). On July 15, 2004, OSHA
published a notice in the Federal Register reopening the record for
this limited purpose. The July notice solicited information regarding
section 1926.754(c)(3) only. On January 18, 2006, OSHA published a
notice of a final rule revoking 1926.754(c)(3).
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/15/04                    69 FR 42379
NPRM Comment Period End         10/13/04
Final Rule                      01/18/06                     71 FR 2879
Final Rule Effective            01/18/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Russell B. Swanson, Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., FP Building, Washington,
DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AC14
_______________________________________________________________________
2002. ROLLOVER PROTECTIVE STRUCTURES; OVERHEAD PROTECTION
Priority: Substantive, Nonsignificant
Legal Authority: 29 CFR 1928 subpart C; sec 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 USC 653,655,657);
Secretary of Labor's Order No. 12.71(36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736, 1-90(55 FR 9033), 6-96(62 FR 111), 3-2000(65 FR
50017) or 5-2002(67 FR 65008) as applicable.sec 1928.51, 192; 29 CFR
1926 subpart W - Rollover Protective Structures; Overhead Protection:
sec 107, Contract Work Hours and Safety Standards Act (Construction
Safety Act), 40 USC 333; sec 1926.1002 and 19
CFR Citation: 29 CFR 1926; 29 CFR 1928
Legal Deadline: None
Abstract: In 1996, OSHA published a technical amendment revising the
construction and agriculture standards that regulate testing of roll-
over protective structures (ROPS) used to protect employees who operate
wheel-type tractors. This revision removed the original, detailed ROPS
standards and replaced them with references to national consensus
standards for ROPS-testing requirements. The Agency believed that the
national consensus standards largely duplicated the ROPS standards they
replaced, and that any differences between them were not substantive.
Subsequently, OSHA identified several substantive differences between
the national consensus standards and the original ROPS standards. The
direct final rule will reinstate the original ROPS standards.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Direct Final Rule               12/29/05                    70 FR 76979
Direct Final Rule Effective     02/27/06                     71 FR 9909
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., FP Building, Room
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC15
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Office of the Assistant Secretary for Veterans' Employment and Training
(ASVET)
_______________________________________________________________________
2003. JOBS FOR VETERANS ACT OF 2002: CONTRACT THRESHOLD AND ELIGIBILITY
GROUPS FOR FEDERAL CONTRACTOR PROGRAM
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 38 USC 4212(d) as amended by PL 107-288
CFR Citation: 41 CFR 61-300
Legal Deadline: None
Abstract: The Veterans' Employment and Training Service (VETS) is
proposing to issue a notice of proposed rulemaking (NPRM) to implement
changes required by the Jobs for Veterans Act (JVA) of 2002. This Act
amended the Vietnam Veterans' Readjustment Assistance Act of 1974, as
amended (VEVRAA), by revising the reporting threshold from $25,000 to
$100,000. JVA also eliminated the collection categories of special
disabled veterans and veterans of the Vietnam era and added the new
collection categories of disabled veterans and armed forces
expeditionary medal veterans. JVA continues the collection for the
recently separated veterans category, but changed the definition for
that category to include any veteran who served on active duty in the
U.S. military ground, naval, or air service during the 3-year period
beginning on the date of such veteran's discharge or release from
active duty. Additionally, Federal contractors and subcontractors will
be required to report the total number of all current employees in 9
job categories for each hiring location. This proposal will assist VETS
in
[[Page 22940]]
meeting the statutory requirement of annually collecting the VETS-100
Report.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            07/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Organizations
Government Levels Affected: None
Agency Contact: Robert Wilson, Chief, Investigations and Compliance
Division, Department of Labor, Office of the Assistant Secretary for
Veterans' Employment and Training, 200 Constitution Avenue NW., Room S-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: rmwilson@dol.gov
RIN: 1293-AA12
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Office of the Assistant Secretary for Veterans' Employment and Training
(ASVET)
_______________________________________________________________________
2004. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
REGULATIONS
Priority: Other Significant
Legal Authority: 38 USC 4331(a)
CFR Citation: 20 CFR 1002
Legal Deadline: None
Abstract: The Secretary's commitment to protecting the employment
rights of service members as they return to the civilian work force is
reflected by the initiative to promulgate regulations implementing the
Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) with regard to States, local governments and private
employers. USERRA provides employment and reemployment protections for
members of the uniformed services, including veterans and members of
the Reserve and National Guard. The Department has not previously
issued implementing regulations under USERRA, although the law dates
back to 1994.
Statement of Need: The Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA), 38 U.S.C. 4301-4334, provides employment
and reemployment rights for members of the uniformed services,
including veterans and members of the Reserve and National Guard. Under
USERRA, eligible service members who leave their civilian jobs for
military service are entitled to return to employment with their
previous employers with the seniority, status and rate of pay they
would have attained had they not been away on duty. USERRA also assures
that they will not suffer discrimination in employment because of their
military service or obligations.
Following the attacks of September 11, 2001, the President authorized a
major mobilization of National Guard and Reserve forces that has
continued into 2006. In the past four years, the Department has
experienced a tremendous increase in the number of inquiries about
USERRA from employers and members of the Guard and Reserve. The high
volume of requests for technical assistance indicates that there is a
significant need for consistent and authoritative USERRA guidance.
USERRA regulations will provide the Department's interpretations of the
law and procedures for enforcing the law.
Summary of Legal Basis: USERRA authorizes the Secretary of Labor, in
consultation with the Secretary of Defense, to issue regulations
implementing USERRA with regard to States, local governments and
private employers. 38 U.S.C. 4331(a).
Alternatives: In lieu of regulations, the Department could choose to
continue its compliance assistance efforts, and could issue
interpretations of USERRA in the form of a USERRA Handbook, policy
memoranda or other less formal means. These would not benefit from
broad-based public input, nor would they receive the same level of
deference as regulations. See United States v. Mead Corp., 533 U.S.
218, 230 (2001).
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
NPRM                            09/20/04                    69 FR 56266
NPRM Comment Period End         11/19/04
Final Action                    12/19/05                    70 FR 75246
Final Action Effective          01/18/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal, Local, State
Agency Contact: Robert Wilson, Chief, Investigations and Compliance
Division, Department of Labor, Office of the Assistant Secretary for
Veterans' Employment and Training, 200 Constitution Avenue NW., Room S-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: rmwilson@dol.gov
RIN: 1293-AA09
_______________________________________________________________________
2005. NOTICE OF RIGHTS, BENEFITS, AND OBLIGATIONS UNDER THE USERRA
Priority: Other Significant
Legal Authority: VBIA of 2004, PL 108-454, Section 203
CFR Citation: 20 CFR 1002, Appendix A
Legal Deadline: Other, Statutory, March 10, 2005, Interim Final Rule.
Abstract: The Veterans Benefits Improvement Act of 2004(VBIA) amended
several provisions of the Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA). VBIA imposed a new
requirement that each employer shall provide to persons entitled to
rights and benefits under USERRA a notice of the rights, benefits, and
obligations of such persons and such employers under USERRA. The VBIA
requires the Secretary of Labor to make available to employers the text
of the required notice not later than March 10, 2005, ninety days after
the enactment of the VBIA.
Timetable:
________________________________________________________________________
Action                            Date                      FR Cite
________________________________________________________________________
Interim Final Rule              03/10/05                    70 FR 12106
Interim Final Rule Effective    03/10/05
[[Page 22941]]
Interim Final Rule Comment
Period End                      05/09/05
Final Action                    12/19/05                    70 FR 75313
Final Action Effective          01/18/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact: Robert Wilson, Chief, Investigations and Compliance
Division, Department of Labor, Office of the Assistant Secretary for
Veterans' Employment and Training, 200 Constitution Avenue NW., Room S-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: rmwilson@dol.gov
RIN: 1293-AA14
[FR Doc. 06-2471 Filed 04-21-06; 8:45 am]
BILLING CODE 4510-23-S
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