<DOC>
[May 27, 2003 (Volume 68, Number 101)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]

[Page 30552-30596]


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Part XIII





Department of Labor





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Semiannual Regulatory Agenda

[[Page 30552]]

DEPARTMENT OF LABOR (DOL)

_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The Department's agencies have carefully assessed 
their available resources and what they can accomplish in the next 
twelve months and have adjusted their agendas accordingly.

     The agenda complies with the requirements of both Executive 
Order 12866 and the Regulatory Flexibility Act. The agenda lists 
all regulations that are expected to be under review or development 
between May 2003 and May 2004, as well as those completed during 
the past six months.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director for the 
Office of Regulatory Policy, Office of the Assistant Secretary for 
Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-
2312, Washington, DC 20210, (202) 693-5959.

Note: Information pertaining to a specific regulation can be obtained 
from the agency contact listed for that particular regulation.

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory 
Flexibility Act require the semiannual publication in the Federal 
Register of an agenda of regulations. As permitted by law, the 
Department of Labor is combining the publication of its agendas under 
the Regulatory Flexibility Act and Executive Order 12866.

     Executive Order 12866 became effective September 30, 1993, 
and, in substance, requires the Department of Labor to publish an 
agenda listing all the regulations it expects to have under active 
consideration for promulgation, proposal, or review during the 
coming 1-year period. The focus of all departmental regulatory 
activity will be on the development of effective rules that advance 
the Department's goals and that are understandable and usable to 
the employers and employees in all affected workplaces.

     The Regulatory Flexibility Act became effective on January 1, 
1981, and applies only to regulations for which a notice of 
proposed rulemaking was issued on or after that date. It requires 
the Department of Labor to publish an agenda, listing all the 
regulations it expects to propose or promulgate that are likely to 
have a ``significant economic impact on a substantial number of 
small entities'' (5 U.S.C. 602).

     The Regulatory Flexibility Act (under section 610) also 
requires agencies to periodically review rules ``which have or will 
have a significant economic impact upon a substantial number of 
small entities'' and to annually publish a list of the rules that 
will be reviewed during the succeeding 12 months. The purpose of 
the review is to determine whether the rule should be continued 
without change, amended, or rescinded.

     All interested members of the public are invited and 
encouraged to let departmental officials know how our regulatory 
efforts can be improved, and, of course, to participate in and 
comment on the review or development of the regulations listed on 
the agenda.

 Elaine L. Chao,

Secretary of Labor.

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1756        Production or Disclosure of Information or Materials................................     1290-AA17
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1757        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,       1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H)................................
1758        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
1759        Family and Medical Leave Act of 1993................................................     1215-AB35
1760        Requirements for Security of Insurance Obligations Under the Longshore and Harbor        1215-AB38
            Workers' Compensation Act...........................................................
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1761        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H).........     1215-AA09

[[Page 30553]]


1762        Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
1763        Labor Organization Annual Financial Reports.........................................     1215-AB34
1764        Affirmative Action and Nondiscrimination Obligations of Government Contractors,          1215-AB39
            Executive Order 11246; Exemption for Religious Entities.............................
1765        Amendments to Title 20 Parts 718 and 725, that Implements the Black Lung Benefits        1215-AB40
            Act.................................................................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1766        Regulations To Implement the Federal Acquisition Streamlining Act of 1994...........     1215-AA96
1767        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-    1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models.............................
1768        Implementation of the 1996 Amendments to the Fair Labor Standards Act...............     1215-AB13
1769        Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase          1215-AB31
            Programs Under the Fair Labor Standards Act.........................................
1770        Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights          1215-AB33
            Concerning Payment of Union Dues or Fees............................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1771        Claims for Compensation Under the Energy Employees Occupational Illness Compensation     1215-AB32
            Program Act of 2000, as Amended.....................................................
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1772        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure     1205-AB18
            of Information in State UC Records..................................................
1773        Senior Community Service Employment Program.........................................     1205-AB28
1774        Trade Adjustment Assistance for Workers.............................................     1205-AB32
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1775        Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AA66
            States..............................................................................
1776        Indian and Native American Welfare-to-Work Program..................................     1205-AB16
1777        Unemployment Compensation-Trust Fund Integrity Rule: Birth and Adoption Unemployment     1205-AB33
            Compensation; Removal of Regulations................................................
----------------------------------------------------------------------------------------------------------------


[[Page 30554]]


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1778        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as             1205-AB27
            Registered Nurses...................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1779        Disaster Unemployment Assistance Program Amendment..................................     1205-AB31
----------------------------------------------------------------------------------------------------------------


                         Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1780        Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage.     1210-AA60
1781        Default Rollover Safe Harbor........................................................     1210-AA92
1782        Electronic Filing By Investment Advisers............................................     1210-AA94
1783        Suspension of Benefits Regulation...................................................     1210-AA96
----------------------------------------------------------------------------------------------------------------


                           Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1784        Regulations Implementing the Health Care Access, Portability, and Renewability           1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.......
1785        Mental Health Benefits Parity.......................................................     1210-AA62
1786        Health Care Standards for Mothers and Newborns......................................     1210-AA63
1787        Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998.............     1210-AA75
1788        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health        1210-AA77
            Status..............................................................................
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1789        Adequate Consideration..............................................................     1210-AA15
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1790        Definition of Collective Bargaining Agreement (ERISA Section 3(40)).................     1210-AA48
1791        Reporting Requirements for MEWAs Providing Medical Care Benefits....................     1210-AA64
1792        Blackout Notice Regulation..........................................................     1210-AA90
1793        Blackout Notice Civil Penalty.......................................................     1210-AA91
1794        Amendment of Procedural Regulations Under ERISA.....................................     1210-AA93
1795        Civil Monetary Penalty Adjustment Regulation........................................     1210-AA95
----------------------------------------------------------------------------------------------------------------


[[Page 30555]]


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1796        Focused Inspections.................................................................     1219-AB30
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1797        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance       1219-AB14
            Sampling for Respirable Dust........................................................
1798        Determination of Concentration of Respirable Coal Mine Dust.........................     1219-AB18
1799        Asbestos Exposure Limit.............................................................     1219-AB24
1800        Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners.........     1219-AB29
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1801        Underground Coal Mine Ventilation -- Safety Standards for the Belt Entry as an           1219-AA76
            Intake Air Course...................................................................
1802        Testing and Evaluation by Independent Laboratories and Non-MSHA Product Safety           1219-AA87
            Standards...........................................................................
1803        Improving and Eliminating Regulations...............................................     1219-AA98
1804        Emergency Evacuation; Emergency Temporary Standard..................................     1219-AB33
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1805        Criteria and Procedures for Proposed Assessment of Civil Penalties..................     1219-AB32
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1806        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal       1291-AA21
            Financial Assistance From the Department of Labor...................................
1807        Department of Labor Acquisition Regulations.........................................     1291-AA34
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1808        Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of           1291-AA31
            Section 504 of the Rehabilitation Act of 1973.......................................
1809        Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide              1291-AA33
            Requirements for Drug-Free Workplace (Grants) 29 CFR 98.............................
----------------------------------------------------------------------------------------------------------------


[[Page 30556]]


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1810        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the        1291-AA29
            Workforce Investment Act of 1998....................................................
1811        Grants and Agreements...............................................................     1291-AA30
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1812        Audits of States, Local Governments, and Nonprofit Organizations....................     1291-AA26
1813        Audit Requirements for Grants, Contracts, and Other Agreements......................     1291-AA27
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1814        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:           1218-AB45
            Chromium)...........................................................................
1815        Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in        1218-AB47
            Confined Spaces.....................................................................
1816        Occupational Exposure to Ethylene Oxide (Section 610 Review)........................     1218-AB60
1817        Electric Power Transmission and Distribution; Electrical Protective Equipment.......     1218-AB67
1818        Occupational Exposure to Crystalline Silica.........................................     1218-AB70
1819        Ionizing Radiation..................................................................     1218-AC11
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1820        Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection.     1218-AA05
1821        Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record        1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
1822        General Working Conditions for Shipyard Employment..................................     1218-AB50
1823        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,      1218-AB80
            and Fall Prevention)................................................................
1824        Standards Improvement (Miscellaneous Changes) for General Industry, Marine               1218-AB81
            Terminals, and Construction Standards (Phase II)....................................
1825        Revision and Update of Subpart S--Electrical Standards..............................     1218-AB95
1826        Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on        1218-AC05
            Respiratory Protection..............................................................
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1827        Occupational Exposure to Tuberculosis...............................................     1218-AB46
1828        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire           1218-AB51
            Safety).............................................................................
1829        Commercial Diving Operations: Revision..............................................     1218-AB97
1830        Presence Sensing Device Initiation of Mechanical Power Presses (Section 610 Review).     1218-AC03
1831        Occupational Injury and Illness Recording and Reporting Requirements................     1218-AC06
1832        Procedures for Handling Discrimination Complaints Under Section 806 of the Corporate     1218-AC10
            and Criminal Fraud Accountability Act of 2002.......................................
----------------------------------------------------------------------------------------------------------------


[[Page 30557]]


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1833        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting         1218-AA84
            Reproductive Health.................................................................
1834        Occupational Exposure to Beryllium..................................................     1218-AB76
1835        Employer Payment for Personal Protective Equipment..................................     1218-AB77
1836        Hearing Conservation Program for Construction Workers...............................     1218-AB89
1837        Cranes and Derricks.................................................................     1218-AC01
1838        Excavations (Section 610 Review)....................................................     1218-AC02
1839        Updating OSHA Standards Based on National Consensus Standard........................     1218-AC08
1840        Explosives..........................................................................     1218-AC09
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1841        Grain Handling Facilities (Completion of a Section 610 Review)......................     1218-AB73
1842        Update and Revision of the Exit Routes Standard.....................................     1218-AB82
1843        Procedures for Handling of Discrimination Complaints Under the Aviation Investment       1218-AB99
            and Reform Act......................................................................
----------------------------------------------------------------------------------------------------------------


           Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1844        Uniformed Services Employment and Reemployment Rights Act Regulations...............     1293-AA09
1845        Jobs For Veterans Act of 2002.......................................................     1293-AA10
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Veterans' Employment & Training--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1846        Annual Report From Federal Contractors..............................................     1293-AA07
1847        Annual Report for Federal Contractors (2002 Revisions)..............................     1293-AA08
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Office of the Secretary (OS)
_______________________________________________________________________

1756. PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 5 USC 552 as amended; 5 USC Reorganization 
Plan No. 6 of 1950; EO 12600, 52 FR 23781 (June 25, 1987)

CFR Citation: 29 CFR 70

Legal Deadline: None

Abstract: The regulation will incorporate the provisions of the 1996 
FOIA amendments. These include extending DOL processing time from 10 to 
20 days for most FOIA requests and requiring that all reading room 
materials created since November 1, 1996, be made available by 
electronic means such as the Internet.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Miriam McD. Miller, of Legislation and Legislative 
Counsel, Department of Labor, Office of the Secretary, Room N2428, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-5500
Email: miller-miriam@dol.gov

RIN: 1290-AA17


[[Page 30558]]

_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________

1757. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 29 USC 213(a)(1)

CFR Citation: 29 CFR 541

Legal Deadline: None

Abstract: These regulations set forth the criteria for exemption from 
the Fair Labor Standards Act's minimum wage and overtime requirements 
for ``executive,'' ``administrative,'' ``professional, and ''outside 
sales employees.`` To be exempt, employees must meet certain tests 
relating to duties and responsibilities and be paid on a salary basis 
at specified levels. A final rule increasing the salary test levels was 
published on January 13, 1981 (46 FR 3010), to become effective on 
February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 
FR 11972). On March 27, 1981, a proposal to suspend the final rule 
indefinitely was published (46 FR 18998), with comments due by April 
28, 1981. As a result of numerous comments and petitions from industry 
groups on the duties and responsibilities tests, and as a result of 
case law developments, the Department concluded that a more 
comprehensive review of these regulations was needed. An ANPRM 
reopening the comment period and broadening the scope of review to 
include all aspects of the regulations was published on November 19, 
1985, with the comment period subsequently extended to March 22, 1986.
The Department has revised these regulations since the ANPRM to address 
specific issues. In 1991, as the result of an amendment to the Fair 
Labor Standards Act (FLSA), the regulations were revised to permit 
certain computer systems analysts, computer programmers, software 
engineers, and other similarly skilled professional employees to 
qualify for the exemption, including those paid on an hourly basis if 
their rates of pay exceed 6 1/2 times the applicable minimum wage. 
Also, in 1992 the Department issued a final rule which modified the 
exemption's requirement for payment on a ''salary basis`` for otherwise 
exempt public sector employees.

Statement of Need: These regulations contain the criteria used to 
determine if an employee is exempt from the FLSA as an ``executive, 
''administrative,`` ''professional,`` or ''outside sales`` employee. 
The existing salary test levels used in determining which employees 
qualify as exempt were adopted in 1975 on an interim basis. These 
salary level tests are outdated and offer little practical guidance in 
applying the exemption. In addition, numerous comments and petitions 
have been received from industry groups regarding the duties and 
responsibilities tests in the regulations, requesting a review of these 
regulations.

These regulations have been revised to deal with specific issues. In 
1991, as the result of an amendment to the FLSA, the regulations were 
revised to permit certain computer systems analysts, computer 
programmers, software engineers, and other similarly skilled 
professional employees to qualify for the exemption, including those 
paid on an hourly basis if their rates of pay exceed 6 1/2 times the 
applicable minimum wage. Also in 1991, the Department undertook 
separate rulemaking on another aspect of the regulations, the 
definition of ''salary basis`` for public-sector employees. Because of 
the limited nature of these revisions, the regulations are still in 
need of updating and clarification.

Summary of Legal Basis: These regulations are issued under the 
statutory exemption from minimum wage and overtime pay provided by 
section 13(a)(1) of the Fair Labor Standards Act, 29 USC 213(a)(1), 
which requires the Secretary of Labor to issue regulations that define 
and delimit the terms ``any employee employed in a bona fide, 
executive, administrative, or professional capacity... or in the 
capacity of outside salesman...'' for purposes of applying the 
exemption to employees who meet the specified criteria.

Alternatives: The Department will involve affected interest groups in 
developing regulatory alternatives. Following completion of these 
outreach and consultation activities, full regulatory alternatives will 
be developed.

Although legislative proposals have been introduced in Congress to 
address certain aspects of these regulations, the Department continues 
to believe revisions to the regulations are the appropriate response to 
the concerns raised. Alternatives likely to be considered range from 
particular changes to address ``salary basis'' and salary level issues 
to a comprehensive overhaul of the regulations that also addresses the 
duties and responsibilities tests.

Anticipated Cost and Benefits: Some 19 to 26 million employees are 
estimated to be within the scope of these regulations. Legal 
developments in court cases are changing the guiding interpretations 
under this exemption and creating law without considering a 
comprehensive analytical approach to current compensation concepts and 
workplace practices. Clear, comprehensive, and up-to-date regulations 
would provide for central, uniform control over the application of 
these regulations and ameliorate many concerns. In the public sector, 
State and local government employers contend that the rules are based 
on production workplace environments from the 1940s and 1950s that do 
not readily adapt to contemporary government functions. The Federal 
Government also has concerns regarding the manner in which the courts 
and arbitration decisions are applying the exemption to the Federal 
workforce. Resolution of confusion over how the regulations are to be 
applied in the public sector will ensure that employees are protected, 
that employers are able to comply with their responsibilities under the 
law, and that the regulations are enforceable. Preliminary estimates of 
the specific costs and benefits of this regulatory action will be 
developed once the various regulatory alternatives are identified.

Risks: This action does not affect public health, safety, or the 
environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule        03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696
Extension of ANPRM Comment 
Period                          01/17/86                     51 FR 2525

[[Page 30559]]

ANPRM Comment Period End        03/22/86
NPRM                            03/31/03                    68 FR 15560
NPRM Comment Period End         06/30/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA14
_______________________________________________________________________

1758. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority: Other Significant

Legal Authority: 38 USC 4211; 38 USC 4212; PL 101-237; PL 102-127; PL 
102-16; PL 102-484; PL 105-339; PL 93-508, amended; PL 94-502; PL 95-
520; PL 96-466; PL 97-306; PL 98-223

CFR Citation: 41 CFR 60-250

Legal Deadline: None

Abstract: OFCCP proposes to amend the regulations implementing the 
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, 
to conform with the Jobs for Veterans Act of 2002 (JFVA). JFVA amended 
VEVRAA in four ways. First, JFVA raised contract coverage from $25,000 
to $100,000. Second, JFVA granted VEVRAA protection to a new group of 
veterans-those who, while serving on active duty in the Armed Forces, 
participated in a United States military operation for which an Armed 
Forces service medal was awarded pursuant to Executive Order 12985. 
Third, JFVA changed the definition of ``recently separated veteran'' to 
include ``any veteran during the three-year period beginning on the 
date of such veteran's discharge or release from active duty.'' Fourth, 
JFVA changed ``Special Disabled Veterans'' to ``Disabled Veterans,'' 
expanding the coverage to conform to 38 U.S.C. section 4211 (3). JFVA 
also superseded changes to VEVRAA from the Veterans Employment 
Opportunities Act of 1998 (VEOA) and the Veterans Benefits and Health 
Care Improvement Act of 2000 (VBHCIA). This proposal revises these 
regulations to conform to the requirements of JFVA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: James I. Melvin, Program Development, OFCCP, Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room N-3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: ofccp-mail@dol-esa.gov

RIN: 1215-AB24
_______________________________________________________________________

1759. FAMILY AND MEDICAL LEAVE ACT OF 1993

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 2654

CFR Citation: 29 CFR 825

Legal Deadline: None

Abstract: The U.S. Supreme Court, in Ragsdale v. Wolverine World Wide, 
Inc., 122 S. Ct. 1155 (2002), invalidated regulatory provisions issued 
under the Family and Medical Leave Act (FMLA) pertaining to the effects 
of an employer's failure to timely designate leave that is taken by an 
employee as being covered by the FMLA. The Department intends to 
propose revisions to the FMLA regulations to address issues raised by 
this and other judicial decisions.

Statement of Need: The FMLA requires covered employers to grant 
eligible employees up to 12 workweeks of unpaid, job-protected leave a 
year for specified family and medical reasons, and to maintain group 
health benefits during the leave as if the employees continued to work 
instead of taking leave. When an eligible employee returns from FMLA 
leave, the employer must restore the employee to the same or an 
equivalent job with equivalent pay, benefits, and other conditions of 
employment. FMLA makes it unlawful for an employer to interfere with, 
restrain, or deny the exercise of any right provided by the FMLA.

The FMLA regulations require employers to designate if an employee's 
use of leave is counting against the employee's FMLA leave entitlement, 
and to notify the employee of that designation (29 CFR section 
825.208). Section 825.700(a) of the regulations provides that if an 
employee takes paid or unpaid leave and the employer does not designate 
the leave as FMLA leave, the leave taken does not count against the 
employee's 12 weeks of FMLA leave entitlement.
On March 19, 2002, the U.S. Supreme Court issued its decision in 
Ragsdale v. Wolverine World Wide, Inc., 122 S. Ct. 1155 (2002). In that 
decision, the Court invalidated regulatory provisions pertaining to the 
effects of an employer's failure to timely designate leave that is 
taken by an employee as being covered by the FMLA. The Court ruled that 
29 CFR section 825.700(a) was invalid absent evidence that the 
employer's failure to designate the leave as FMLA leave interfered with 
the employee's exercise of FMLA rights. This proposed rule is being 
prepared to address issues raised by this and other judicial decisions.

Summary of Legal Basis: This rule is issued pursuant to section 404 of 
the Family and Medical Leave Act, 29 U.S.C. section 2654.

Alternatives: After completing a review and analysis of the Supreme 
Court's decision in Ragsdale and other judicial decisions, regulatory 
alternatives will be developed for notice-and-comment rulemaking.

Anticipated Cost and Benefits: The costs and benefits of this 
rulemaking action are not expected to exceed $100 million per year or 
otherwise trigger economic significance under Executive Order 12866.

Risks: This rulemaking action does not directly affect risks to public 
health, safety, or the environment.

[[Page 30560]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/03
NPRM Comment Period End         07/00/03

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB35
_______________________________________________________________________

1760. [bull] REQUIREMENTS FOR SECURITY OF INSURANCE OBLIGATIONS UNDER 
THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 939(a)

CFR Citation: 20 CFR 701 (Revision); 20 CFR 703 to 704 (Revision)

Legal Deadline: None

Abstract: The Longshore and Harbor Workers' Compensation Act (LHWCA) 
makes a covered employer liable for compensation to employees injured 
in the course of their work. An employer may satisfy this liability by 
contracting with a private insurance carrier. By statute, an insurance 
carrier must obtain authorization from the Secretary of Labor to insure 
compensation, and the Secretary may revoke authorization for good 
cause. This proposed regulation would require, as a condition to 
authorization to write LHWCA insurance, an insurance carrier in certain 
circumstances to establish that its potential LHWCA obligations are 
sufficiently secured. Obligations would be considered sufficiently 
secured if funds would be available to cover all workers' compensation 
claims in the event of adverse market conditions and the carrier's 
insolvency. A carrier could fully secure its obligations by posting 
security deposits with the Secretary. Carriers would not, however, be 
required to make this showing in states which have a guaranty fund that 
fully and immediately covers LHWCA claims in the event of a carrier's 
insolvency.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/03

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Michael Niss, Director, Division of Longshore and 
Harbor Workers' Compensation, OWCP, Department of Labor, Employment 
Standards Administration, Room C4315, 200 Constitution Ave., NW, Room 
C-4315, FP Building, Washington, DC 20210
Phone: 202 693-0038
Fax: 202 693-1380

RIN: 1215-AB38
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________

1761. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Priority: Other Significant

Legal Authority: 29 USC 203(l)

CFR Citation: 29 CFR 570

Legal Deadline: None

Abstract: Section 3(l) of the Fair Labor Standards Act requires the 
Secretary of Labor to issue regulations with respect to minors between 
14 and 16 years of age ensuring that the periods and conditions of 
their employment do not interfere with their schooling, health, or 
well-being. The Secretary is also directed to designate occupations 
that are particularly hazardous for minors 16 and 17 years of age. 
Child Labor Regulation No. 3 sets forth the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupation orders, and whether changes are needed in some of the 
applicable hazardous occupation orders. Comment has also been solicited 
on whether revisions should be considered in the permissible hours and 
time-of-day standards for 14- and 15-year-olds. Comment has been sought 
on appropriate changes required to implement school-to-work transition 
programs. Additionally, Congress enacted Public Law 104-174 (August 6, 
1996), which amended FLSA section 13(c) and requires changes in the 
regulations under Hazardous Occupation Order No. 12 regarding power-
driven paper balers and compactors, to allow 16- and 17-year-olds to 
load, but not operate or unload, machines meeting applicable American 
National Standards Institute (ANSI) safety standards and certain other 
conditions. Congress also passed the Drive for Teen Employment Act, 
Public Law 105-334 (October 31, 1998), which prohibits minors under age 
17 from driving automobiles and trucks on public roads on the job and 
sets criteria for 17-year-olds to drive such vehicles on public roads 
on the job.

Statement of Need: Because of changes in the workplace and the 
introduction of new processes and technologies, the Department is 
undertaking a comprehensive review of the regulatory criteria 
applicable to child labor. Other factors necessitating a review of the 
child labor regulations are changes in places where young workers find 
employment opportunities, the existence of differing Federal and State 
standards, and the divergent views on how best to correlate school and 
work experiences.

[[Page 30561]]

Under the Fair Labor Standards Act, the Secretary of Labor is directed 
to provide by regulation or by order for the employment of youth 
between 14 and 16 years of age under periods and conditions which will 
not interfere with their schooling, health and well-being. The 
Secretary is also directed to designate occupations that are 
particularly hazardous for youth between the ages of 16 and 18 years or 
detrimental to their health or well-being. The Secretary has done so by 
specifying, in regulations, the permissible industries and occupations 
in which 14- and 15-year-olds may be employed, and the number of hours 
per day and week and the time periods within a day in which they may be 
employed. In addition, these regulations designate the occupations 
declared particularly hazardous for minors between 16 and 18 years of 
age or detrimental to their health or well-being.
Public comment has been invited in considering whether changes in 
technology in the workplace and job content over the years require new 
hazardous occupation orders or necessitate revision to some of the 
existing hazardous orders. Comment has also been invited on whether 
revisions should be considered in the permissible hours and time-of-day 
standards for the employment of 14- and 15-year-olds, and whether 
revisions should be considered to facilitate school-to-work transition 
programs. When issuing the regulatory proposals (after review of public 
comments on the advance notice of proposed rulemaking), the 
Department's focus was on assuring healthy, safe and fair workplaces 
for young workers, and at the same time promoting job opportunities for 
young people and making regulatory standards less burdensome to the 
regulated community.

Summary of Legal Basis: These regulations are issued under sections 
3(l), 11, 12, and 13 of the Fair Labor Standards Act, 29 USC sections 
203(l), 211, 212, and 213 which require the Secretary of Labor to issue 
regulations prescribing permissible time periods and conditions of 
employment for minors between 14 and 16 years old so as not to 
interfere with their schooling, health, or well-being, and to designate 
occupations that are particularly hazardous or detrimental to the 
health or well-being of minors under 18 years old.

Alternatives: Regulatory alternatives developed based on recent 
legislation and the public comments responding to the advance notice of 
proposed rulemaking included specific proposed additions or 
modifications to the paper baler, teen driving, explosive materials, 
and roofing hazardous occupation orders, and proposed changes to the 
permissible cooking activities that 14- and 15-year-olds may perform in 
retail establishments.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits of this regulatory action indicated that the rule 
was not economically significant. Benefits will include safer working 
environments and the avoidance of injuries with respect to young 
workers.

Risks: The child labor regulations, by ensuring that permissible job 
opportunities for working youth are safe and healthy and not 
detrimental to their education as required by the statute, produce 
positive benefits by reducing health and productivity costs employers 
may otherwise incur from higher accident and injury rates to young and 
inexperienced workers. Given the limited nature of the changes in the 
proposed rule, a detailed assessment of the magnitude of risk was not 
prepared.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    11/20/91                    56 FR 58626
Final Action Effective          12/20/91
ANPRM                           05/13/94                    59 FR 25167
ANPRM Comment Period End        08/11/94                    59 FR 40318
NPRM                            11/30/99                    64 FR 67130
NPRM Comment Period End         01/31/00
Final Action                    09/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA09
_______________________________________________________________________

1762. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 793; EO 11758; EO 11246, as amended; 38 USC 
4211; PL 94-502; EO 11758; PL 98-223; PL 102-16; PL 102-127; PL 95-520; 
PL 105-339; 29 USC 706; PL 97-306; PL 102-484; 38 USC 4212; PL 93-508, 
amended; PL 96-466; PL 101-237

CFR Citation: 41 CFR 60-1 (Revision); 41 CFR 60-250 (Revision); 41 CFR 
60-741 (Revision)

Legal Deadline: None

Abstract: The final rule would remove the obligation to visit an 
establishment during a compliance check, which is currently required by 
section 60-1.20(a)(3) in order to enhance efficiency in resource 
allocation. OFCCP proposes also to make the same revision in section 
60-250.60(a)(3) of the regulations implementing the affirmative action 
provisions of the Vietnam Era Veterans' Readjustment Assistance Act 
(VEVRAA). Lastly, OFCCP proposes to conform regulations implementing 
section 503 of the Rehabilitation Act of 1973, as amended, to the 
compliance evaluation procedures contained in the regulations 
implementing Executive Order 11246, as amended, and the affirmative 
action provisions of VEVRAA, both of which expressly authorize OFCCP to 
use additional investigative procedures to determine a contractor's 
compliance with the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/12/00                    65 FR 60815
NPRM Comment Period End         12/11/00
Final Rule                      11/00/03

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: James I. Melvin, Program Development, OFCCP, Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room N-3424, FP Building, Washington, DC 20210
Phone: 202 693-0102

[[Page 30562]]

TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: ofccp-mail@dol-esa.gov

RIN: 1215-AB28
_______________________________________________________________________

1763. LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS

Priority: Other Significant

Legal Authority: 29 USC 431; 29 USC 438; 5 USC 7120(d); 22 USC 4117(d)

CFR Citation: 29 CFR 402; 29 CFR 403; 29 CFR 458

Legal Deadline: None

Abstract: This regulation will revise Form LM-2, which is used by labor 
organizations with $200,000 or more in annual receipts to file the 
annual financial reports required under title II of the Labor-Managment 
Reporting and Disclosure Act of 1959 (LMRDA). The proposed revisions 
will improve the transparency and accountability of labor organizations 
to their members, increase the information available to labor 
organization members, and make data disclosed in such reports more 
understandable and accessible. Among other things, unions filing the 
revised Form LM-2 will be required to report electronically (unless 
granted an exemption), to identify ``major'' receipts and 
disbursements, to allocate disbursements among categories such as 
contract negotiation and administration, organizing, political 
activity, lobbying, etc., and to report receipts and disbursements of 
organizations that meet the statutory definition of a ``trust in which 
a labor organization is interested'' on a new Form T-1.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/27/02                    67 FR 79280
NPRM Comment Period End         03/27/03
Final Rule                      09/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Don Todd, Programs, Department of Labor, Employment 
Standards Administration, Room N5605, 200 Constitution Avenue NW., FP 
Building, Washington, DC 20210
Phone: 202 693-0122
TDD Phone: 800 877-8339
Fax: 202 693-1340
Email: olms-mail@dol-esa.gov

RIN: 1215-AB34
_______________________________________________________________________

1764. [bull] AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
GOVERNMENT CONTRACTORS, EXECUTIVE ORDER 11246; EXEMPTION FOR RELIGIOUS 
ENTITIES

Priority: Substantive, Nonsignificant

Legal Authority: EO 13279; EO 11246, as amended

CFR Citation: 41 CFR 60-1.5

Legal Deadline: None

Abstract: On December 12, 2002, President Bush issued Executive Order 
13279 regarding faith-based and community organizations that, in part, 
amends Executive Order 11246. Section 4 of Executive Order 13279 amends 
section 204 of Executive Order 11246 by adding an exemption for 
religious entities. The final rule would make religious entities exempt 
from allegations of discrimination based on religion. OFCCP regulations 
at 41 CFR 60-1.5 will be amended to add the new religious entity 
exemption. The new exemption is limited to religious discrimination by 
religious entities. Religious entities will continue to be precluded 
from basing employment decisions on race, color, sex, or national 
origin.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      09/00/03

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: James I. Melvin, Program Development, OFCCP, Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room N-3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: ofccp-mail@dol-esa.gov

RIN: 1215-AB39
_______________________________________________________________________

1765. [bull] AMENDMENTS TO TITLE 20 PARTS 718 AND 725, THAT IMPLEMENTS 
THE BLACK LUNG BENEFITS ACT

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; Reorganization Plan No. 6 of 1950; 15 FR 
3174; 30 USC 901, et seq, 902(f), 934, 936, 945; 33 USC 901 et seq; 42 
USC 405; Secretary's Order 7-87; 52 FR 48466; Employment Standards 
Order No. 90-02; ...

CFR Citation: 20 CFR 718.2; 20 CFR 725.2; 20 CFR 725.459

Legal Deadline: None

Abstract: The amendments implement National Mining Ass'n v. Department 
of Labor, 292 F.3d 849 (D.C. Cir. 2002) which invalidated a portion of 
20 CFR 725.459 and required several other provisions which became 
effective in January 2001 to be prospective only in their application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      08/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James L. DeMarce, Director, Division of Coal Mine 
Workers' Compensation, Department of Labor, Employment Standards 
Administration, Room C3520, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-1398
Email: nojld@dol-esa.gov

RIN: 1215-AB40

[[Page 30563]]

_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Employment Standards Administration (ESA)
_______________________________________________________________________

1766. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT 
OF 1994

Priority: Substantive, Nonsignificant

Legal Authority: PL 103-355, 108 Stat. 3243

CFR Citation: 29 CFR 4; 29 CFR 5; 41 CFR 50-201; 41 CFR 50-206

Legal Deadline: NPRM, Statutory, May 11, 1995.
Final, Statutory, October 1, 1995.

Abstract: The Federal Acquisition Streamlining Act of 1994, signed on 
October 13, 1994, amended several acts administered by the Department 
of Labor: (1) the Contract Work Hours and Safety Standards Act (CWHSSA) 
to limit its applicability to contracts in an amount of $100,000 or 
greater; (2) the Davis-Bacon Act (DB) to provide waivers from the Act's 
prevailing wage requirements under selected laws for volunteers 
performing services to a State or local government or agency and for 
volunteers performing services to a public or private nonprofit 
recipient of Federal assistance; and (3) the Walsh-Healey Public 
Contracts Act (PCA) to eliminate the requirements that contractors on 
covered contracts be either manufacturers or regular dealers in the 
items to be supplied under the contract but retains the Secretary of 
Labor's authority to define the terms ``regular dealer'' and 
``manufacturer.'' A final rule implementing the CWHSSA and PCA changes 
was published on August 5, 1996 (61 FR 40714).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/07/95                    60 FR 46553
NPRM Comment Period End         10/10/95
Final Rule                      08/05/96                    61 FR 40714
Second NPRM                     06/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA96
_______________________________________________________________________

1767. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING 
NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION 
MODELS

Priority: Other Significant

Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(b); 8 USC 
1182(n); 8 USC 1184; PL 102-232; PL 105-277

CFR Citation: 20 CFR 655, subparts H and I

Legal Deadline: None

Abstract: The H-1B visa program of the Immigration and Nationality Act 
allows employers to temporarily employ nonimmigrants admitted into the 
United States under the H-1B visa category in specialty occupations and 
as fashion models, under specified labor conditions. An employer must 
file a labor condition application with the Department of Labor before 
the Immigration and Naturalization Service may approve a petition to 
employ a foreign worker on an H-1B visa. The Department's Employment 
and Training Administration administers the labor condition application 
process; the Wage and Hour Division of the Department's Employment 
Standards Administration handles complaints and investigations 
regarding labor condition applications. The Department published a 
proposed rule on January 5, 1999, in response to statutory changes in 
the H-1B program made by the American Competitiveness and Workforce 
Improvement Act of 1998 (title IV, Pub. L. 105-277; Oct. 21, 1998). 
Those changes placed additional obligations on ``H-1B-dependent'' 
employers (generally, those with work forces comprised of more than 15 
percent H-1B workers) and on willful violators. These employers must 
recruit for U.S. workers, hire U.S. workers who are at least as 
qualified as H-1B workers, and not displace U.S. workers by hiring H-1B 
workers or placing them at another employer's job site. The 1998 
amendments also imposed additional obligations on all H-1B employers, 
such as offering benefits to H-1B workers on the same basis and 
according to the same criteria as offered to U.S. workers, and payment 
to H-1B workers during periods they are not working for an employment-
related reason. The 1999 proposed rule also requested further public 
comment on earlier proposed provisions published in October 1995, and 
on particular interpretations of the statute and of the existing 
regulations which the Department proposed to incorporate into the 
regulations. Since publishing the proposed rule, Congress enacted 
further amendments to the H-1B provisions under the American 
Competitiveness in the Twenty-First Century Act of 2000 (Pub. L. 106-
313; Oct. 17, 2000), the Immigration and Nationality Act - Amendments 
(Pub. L. 106-311; Oct. 17, 2000), and section 401 of the Visa Waiver 
Permanent Program Act (Pub. L. 106-396; Oct. 30, 2000).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/95                    60 FR 55339
NPRM Comment Period End         11/30/95
NPRM                            01/05/99                      64 FR 628
NPRM Comment Period End         02/04/99
Interim Final Rule              12/20/00                    65 FR 80110
Interim Final Rule Effective    01/19/01
Interim Final Rule Comment 
Period                          04/23/01                    66 FR 10865
Final Action                    01/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Additional Information: On December 20, 2000, the Department published 
an interim final rule to implement the recent amendments and clarify 
the existing rules, and requested further public comment on those 
provisions.

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB09
_______________________________________________________________________

1768. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT

Priority: Other Significant

Legal Authority: 29 USC 201 et seq; PL 104-188, sec 2101 to 2105

CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 541; 29 CFR 778; 29 CFR 785; 
29 CFR 790; 29 CFR 870; 41 CFR 50-202

Legal Deadline: None

[[Page 30564]]

Abstract: The Small Business Job Protection Act of 1996 (H.R. 3448) was 
enacted on August 20, 1996, as Public Law 104-188. Title II of this 
enactment amended the Portal-to-Portal Act (PA) and the Fair Labor 
Standards Act (FLSA). The PA amendment excludes (under certain 
circumstances) from compensable ``hours worked'' the time spent by an 
employee in home-to-work travel in an employer-provided vehicle. The 
FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by 
$.90 in two steps over two years (i.e., to $4.75 on October 1, 1996, 
and to $5.15 on September 1, 1997); (2) provide a $4.25 subminimum wage 
for youth under age 20 in their first 90 calendar days of employment 
with an employer; (3) set the employer's direct wage payment obligation 
for tipped employees at $2.13 per hour (provided such employees receive 
the balance of the full minimum wage in tips); and (4) set the hourly 
compensation requirements at no less than $27.63 per hour for certain 
exempt professional employees in computer-related occupations. Changes 
will be required in the regulations to reflect these amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB13
_______________________________________________________________________

1769. STOCK OPTIONS, STOCK APPRECIATION RIGHTS, AND BONA FIDE EMPLOYEE 
STOCK PURCHASE PROGRAMS UNDER THE FAIR LABOR STANDARDS ACT

Priority: Other Significant

Legal Authority: 29 USC 207(e)(8); PL 106-202, sec 2(e)

CFR Citation: 29 CFR 546; 29 CFR 778

Legal Deadline: None

Abstract: The Worker Economic Opportunity Act, Public Law 106-202 (May 
18, 2000), amended section 7(e) of the Fair Labor Standards Act to 
clarify how certain employer-provided stock option programs are to be 
treated for purposes of overtime pay. Certain programs meeting 
prescribed criteria would not have to be factored into the ``regular 
rate'' otherwise required when calculating ``time-and-one-half'' 
overtime premium pay for overtime hours of work. The legislation calls 
for regulations to be promulgated as necessary, which will include 
amendments to some of the existing regulations on overtime pay.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/04

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB31
_______________________________________________________________________

1770. OBLIGATION OF FEDERAL CONTRACTORS AND SUBCONTRACTORS, NOTICE OF 
EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

Priority: Other Significant

Legal Authority: EO 13201

CFR Citation: 29 CFR 470

Legal Deadline: None

Abstract: On January 2, 2002, the Federal District Court for the 
District of Columbia issued a decision in UAW-Labor Employment & 
Training Corp v. Chao, holding the Executive Order 13201 is invalid 
because it conflicts with the National Labor Relations Act. The court 
permanently enjoined the Department of Labor from implementing and 
enforcing Executive Order 13201. The decision was appealed. On April 
22, 2003, the U.S. Court of Appeals for the District of Columbia 
reversed the January 2, 2002, decision of the Federal District Court 
for the District of Columbia in UAW-Labor Employment and Training Corp. 
v. Chao, and directed the lower court to grant summary judgment to the 
Secretary of Labor.
This regulation, if promulgated, would implement E.O. 13201 which 
requires Government contractors and subcontractors to post notices 
informing their employees that (1) under Federal law they cannot be 
required to join a union or maintain membership in a union to retain 
their jobs, and (2) employees who choose not to be union members may 
object to the use of their compulsory union dues and fees for 
activities other than collective bargaining, contract administration, 
and grievance adjustment, and may be entitled to a refund and an 
appropriate reduction in their future payments. The proposed 
regulation, in accordance with E.O. 13201, would also require that, 
where applicable, each Government contracting agency include certain 
provisions of the Order in its Government contracts, and that 
Government contractors and subcontractors include these provisions in 
their nonexempt subcontracts and purchase orders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Procedural Rule         04/18/01                    66 FR 19988
NPRM                            10/01/01                    66 FR 50010
NPRM Comment Period End         11/30/01


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Don Todd, Programs, Department of Labor, Employment 
Standards Administration, Room N5605, 200 Constitution Avenue NW., FP 
Building, Washington, DC 20210
Phone: 202 693-0122
TDD Phone: 800 877-8339
Fax: 202 693-1340
Email: olms-mail@dol-esa.gov

RIN: 1215-AB33

[[Page 30565]]

_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Employment Standards Administration (ESA)
_______________________________________________________________________

1771. CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 7384 et seq; EO 13179

CFR Citation: 20 CFR 30

Legal Deadline: Other, Statutory, May 31, 2001, Interim Final Rule.

Abstract: The Department of Labor has issued regulations for its 
administration of the provisions of the Energy Employees Occupational 
Illness Compensation Program Act of 2000, as amended. These regulations 
address all questions arising under this act which have not been 
specifically assigned to the Secretary of Health and Human Services, to 
the Secretary of Energy, or to the Attorney General.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/25/01                    66 FR 28948
Interim Final Rule Effective    07/24/01
Interim Final Rule Comment 
Period                          09/24/02                    67 FR 47382
Final Action                    12/26/02                    67 FR 78874
Final Action Effective          02/24/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter M. Turcic, Director, Division of Energy 
Employees, Occupational Illness Compensation, OWCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue, 
NW, FP Building, Room C-4511, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: eeoicpa-mail@fenix2.dol-esa.gov

RIN: 1215-AB32

_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________

1772. FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; 
CONFIDENTIALITY AND DISCLOSURE OF INFORMATION IN STATE UC RECORDS

Priority: Other Significant

Legal Authority: 26 USC ch 23; 42 USC 1302 (a); 42 USC 1320b-7; 42 USC 
503; Secretary's Orders 4-75 and 14-75

CFR Citation: 20 CFR 603

Legal Deadline: None

Abstract: The Employment and Training Administration of the Department 
of Labor is preparing to issue a notice of proposed rulemaking (NPRM) 
on confidentiality and disclosure of State UC information. The NPRM 
would modify and expand the regulations implementing the Income and 
Eligibility Verification System (IEVS) to include statutory 
requirements in title III of the Social Security Act and the Federal 
Unemployment Tax Act concerning confidentiality and disclosure of State 
UC information. The use of UC wage records under these and other 
statutes has increased in recent years while privacy and 
confidentiality issues have not yet been addressed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Additional Information: Formerly RIN 1205-AA74; was taken off 
regulatory agenda in 1994 due to inactivity. An earlier NPRM was 
published on 3/23/92 at 57 FR 10063 with comment period ending 5/22/92.

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Office of 
Workforce Security, 200 Constitution Avenue NW., Room C-4518, 
Washington, DC 20210
Phone: 202 693-3038
Email: ghildebrand@doleta.gov

RIN: 1205-AB18
_______________________________________________________________________

1773. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 3056(b)(2)

CFR Citation: 20 CFR 641

Legal Deadline: None

Abstract: The Employment and Training Administration will implement new 
regulations to govern the Senior Community Service Employment Program 
(SCSEP) under title V of the Older Americans Act Amendments of 2000. 
SCSEP is the only federally sponsored job creation program targeted to 
low-income older Americans. The program subsidizes part-time community 
service jobs for low-income persons age 55 years and older who have 
poor employment prospects. Approximately 100,000 program enrollees 
annually work in a wide variety of community service jobs, including 
nurse's aides, teacher aides, librarians, clerical workers and day care 
assistants. The Department of Labor allocates funds to operate the 
program to State agencies on aging and to national organizations.
Proposed regulations will improve integration of SCSEP with the broader 
workforce investment system and introduce performance measures and 
sanctions.

Statement of Need: As the baby boom generation ages, the demand for 
employment and training services and income support for low-income 
older persons will increase. Low-income seniors generally must continue 
working and many may not be able to find employment without work 
experience and additional training. The basic goals of the SCSEP are to 
provide community service employment for older workers with few skills 
and little work experience, and to move many of those seniors into 
unsubsidized employment. The Employment and Training Administration 
will issue regulations and other guidance, provide technical 
assistance, and establish performance standards that will drive

[[Page 30566]]

State and national grantees' efforts towards the program's goals.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 502(b)(2) of Pub. L. 106-501 of the Older Americans Act 
Amendments of 2000.

Alternatives: The public provided comments on changes to the statute 
due to the Older Americans Act Amendments of 2000 during Town Hall 
meetings held throughout the country in spring 2001. The public also 
will be afforded an opportunity to comment on the Department's plans 
for implementing the Amendments in a notice of proposed rulemaking that 
will be published in the Federal Register.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs of this regulatory action have not been determined at this time 
and will be determined at a later date.

Risks: This action does not affect public health, safety, or the 
environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/28/03                    68 FR 22520
NPRM Comment Period End         06/12/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Tribal, Federal

Federalism:  Undetermined

Agency Contact: Ria Moore Benedict, Programs, Department of Labor, 
Employment and Training Administration, 200 Constitution Avenue NW., FP 
Building, Room N5306, Washington, DC 20210
Phone: 202 693-3198
Fax: 202 693-3817
Email: benedict-ria@doleta.gov

RIN: 1205-AB28
_______________________________________________________________________

1774. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Priority: Other Significant

Legal Authority: 19 USC 2320; Secretary's Order No. 3-81, 46 FR 31117

CFR Citation: 29 CFR 90; 20 CFR 617; 20 CFR 618

Legal Deadline: None

Abstract: The Trade Act of 2002, enacted on August 6, 2002, contains 
provisions amending title 2, chapter 2 of the Trade Act of 1974, 
entitled Adjustment Assistance for Workers. The amendments, effective 
90 days from enactment (November 4, 2002), make additions to where and 
by whom a petition may be filed, expand eligibility to workers whose 
production has been shifted to certain foreign countries and to worker 
groups secondarily affected, and make substantive amendments regarding 
trade adjustment assistance (TAA) program benefits.
Although published as a final rule, comments were requested on several 
material changes, which were not included in the proposed rule. 
Comments were received and will be considered and included in the final 
rule implementing the amendments under the Trade Act of 2002.
Furthermore, it is the agency's intention to create a new 20 CFR part 
618 to incorporate the amendments and be written in plain English, 
while the existing regulations at 20 CFR part 617 and 29 CFR part 90 
will remain in effect for individuals covered by certifications under 
the Workforce Investment Act of 1998 so they conform to the amendments 
contained in the Trade Act of 2002.

Statement of Need: The Trade Act of 2002, enacted August 6, 2002, 
repeals the North American Free Trade Agreement-Transitional Adjustment 
Assistance provisions for workers affected by the NAFTA Implementation 
Act and adds significant amendments to worker benefits under Trade 
Adjustment Assistance for Workers, as provided for in the Trade Act of 
1974.

The Department is mandated to implement the amendments in 90 days from 
enactment, November 4, 2002. The 2002 Trade Act amends where and by 
whom a petition may be filed. Program benefits for TAA eligible 
recipients are expanded to include for the first time a health care tax 
credit, and eligible recipients now include secondarily affected 
workers impacted by foreign trade. Income support is extended by 26 
weeks and by up to one year under certain conditions. Waivers of 
training requirements in order to receive income support are explicitly 
defined. Job search and relocation benefit amounts are increased. 
Within one year of enactment, the amendments offer an Alternative TAA 
Program for Older Workers that targets older worker groups at firms who 
are certified as TAA eligible and provides the option of a wage 
supplement instead of training, job search, and income support.
State agencies rely on the regulations to make determinations as to 
individual eligibility for TAA program benefits. TAA program 
regulations as written have been described as complicated to interpret. 
With the new TAA program benefit amendments contained in the Trade Act 
of 2002, it is imperative that the regulations be in an easy to read 
and understandable format.

Summary of Legal Basis: These regulations are authorized by the Trade 
Act of 2002 amendments to the Trade Act of 1974.

Alternatives: The public will be afforded an opportunity to provide 
comments on the TAA program changes when the Department publishes the 
interim final rule in the Federal Register.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs of this regulatory action have not been determined at this time 
and will be determined at a later date.

Risks: This action does not affect public health, safety, or the 
environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Federal

Agency Contact: Edward A. Tomchick, Assistance, Department of Labor, 
Employment and Training Administration, Room C5311, 200 Constitution 
Avenue NW., Washington, DC 20210
Phone: 202 693-3577
Fax: 202 693-3585
Email: etomchick@doleta.gov

RIN: 1205-AB32

[[Page 30567]]

_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________

1775. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Priority: Other Significant

Legal Authority: 29 USC 49 et seq; 8 USC 1182(a)(5)(A), 1189(p)(1)

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: The Employment and Training Administration (ETA) is in the 
process of reengineering the permanent labor certification process. 
ETA's goals are to make fundamental changes and refinements that will 
streamline the process, save resources, improve the effectiveness of 
the program and better serve the Department of Labor's (DOL) customer.

Statement of Need: The labor certification process has been described 
as being complicated, costly and time consuming. Due to the increases 
in the volume of applications received and a lack of adequate 
resources, it can take up to 2 years or more to complete processing an 
application. The process also requires substantial State and Federal 
resources to administer and is reportedly costly and burdensome to 
employers as well. Cuts in Federal funding for both the permanent labor 
certification program and the U.S. Employment Service have made it 
difficult for State and Federal administrators to keep up with the 
process. ETA, therefore, is taking steps to improve effectiveness of 
the various regulatory requirements and the application processing 
procedures, with a view to achieving savings in resources both for the 
Government and employers, without diminishing protections now afforded 
U.S. workers by the current regulatory and administrative requirements.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 212(a)(5)(A) of the Immigration and Nationality Act.

Alternatives: Regulatory alternatives are now being developed by the 
Department. The public was afforded an opportunity to comment on the 
Department's plans for streamlining the permanent labor certification 
process in a notice of proposed rulemaking which was published in the 
Federal Register on May 6, 2002.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits have not been determined at this time. Preliminary 
estimates will be developed after a decision is made as to what 
regulatory amendments are necessary and after the implementing forms 
and automated systems to support a streamlined permanent labor 
certification process have been developed.

Risks: This action does not affect public health, safety, or the 
environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/06/02                    67 FR 30465
NPRM Comment Period End         07/05/02                    67 FR 30466
Final Rule                      07/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Federal

Agency Contact: Dale Ziegler, Certification, Department of Labor, 
Employment and Training Administration, 200 Constitution Avenue NW., 
Room C4318, FP Building, Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2760
Email: dmziegler@doleta.gov

RIN: 1205-AA66
_______________________________________________________________________

1776. INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 612(a)(3)(c)(iii); PL 106-113, Division B, 
section 1000(a)(4)

CFR Citation: 20 CFR 646

Legal Deadline: Final, Statutory, November 4, 1997, 90 days from 
enactment.
Other, Statutory, January 1, 2000, for 1999 amendments.

Abstract: These are program regulations needed to implement the Indian 
and Native American set-aside under the Welfare-to-Work program 
authorized by section 412(a)(3) of the Social Security Act. New interim 
final regulations are being issued to implement changes made by the 
Welfare-to-Work and Child Support Amendments of 1999 and other 
legislation. The Consolidated Appropriations Act of 2001 authorized the 
Department to extend welfare-to-work grants an additional two years. 
Therefore, the grants may operate until September 2004.
The Department received 14 comments on the March 1, 1998 interim final 
rule, and none would substantively change the regulations. The 
Department will provide guidance in response to those comments. The 
March 1, 1998 Interim Final Rule will be adopted as the final rule, 
subject to the changes made by the new interim final rule implementing 
the 1999 amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/01/98                    63 FR 15985
Interim Final Rule Effective    04/01/98
Interim Final Rule Comment 
Period                          06/01/98
Final Action                    09/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Tribal

Additional Information: Congress has changed eligibility criteria. A 
final rule will be published to conform with the State programs.

Agency Contact: Gregory Gross, Department of Labor, Employment and 
Training Administration, Room N4641, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 693-3752
Email: ggross@doleta.gov

RIN: 1205-AB16
_______________________________________________________________________

1777. [bull] UNEMPLOYMENT COMPENSATION-TRUST FUND INTEGRITY RULE: BIRTH 
AND ADOPTION UNEMPLOYMENT COMPENSATION; REMOVAL OF REGULATIONS

Priority: Other Significant

Legal Authority: 42 USC 503(a)(2) and 503(a)(5); 42 USC 1302(a); 26 USC 
3304(a)(1) and 3304(a)(4); 26 USC 3306

CFR Citation: 20 CFR 604

Legal Deadline: None

Abstract: The Department of Labor is proposing to remove the Birth and 
Adoption Unemployment Compensation regulations. Those regulations 
permit states to provide, in the form of UC, partial wage replacement 
to employees who take approved leave or otherwise leave their 
employment following the birth or placement for adoption of a child.

[[Page 30568]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/04/02                    67 FR 72122
NPRM Comment Period End         02/03/03
Final Action                    08/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Federalism:  Undetermined

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Office of 
Workforce Security, 200 Constitution Avenue NW., Room C-4518, 
Washington, DC 20210
Phone: 202 693-3038
Email: ghildebrand@doleta.gov

RIN: 1205-AB33
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Employment and Training Administration (ETA)
_______________________________________________________________________

1778. ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C NONIMMIGRANT 
ALIENS AS REGISTERED NURSES

Priority: Other Significant

Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(c); 8 USC 
1182(m); 8 USC 1184; PL 106-95, 113 Stat. 1312

CFR Citation: 20 CFR 655, subparts L and M

Legal Deadline: Final, Statutory, February 11, 2000.

Abstract: The Nursing Relief for Disadvantaged Areas Act of 1999 (P.L. 
106-95; November 12, 1999) amended the Immigration and Nationality Act 
to create a new temporary visa program for nonimmigrant aliens to work 
as registered nurses for up to three years in facilities serving health 
professional shortage areas, subject to certain conditions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/22/00                    65 FR 51137
Interim Final Rule Effective    09/21/00
Interim Final Rule Comment 
Period                          09/21/00
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Federal

Agency Contact: Michael Ginley, Wage and Hour Division, Department of 
Labor, Employment Standards Administration, Room S3510, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0745

RIN: 1205-AB27
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Employment and Training Administration (ETA)
_______________________________________________________________________

1779. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM AMENDMENT

Priority: Other Significant

Legal Authority: 42 USC 1302; 42 USC 5177; EO 12673

CFR Citation: 20 CFR 625.5

Legal Deadline: None

Abstract: This new rule on the Disaster Unemployment Assistance Program 
will only address one aspect of part 625; it adds a definition of 
``unemployment is a direct result of the major disaster.'' ETA had not 
defined this term in its previous rule. The purpose of the new 
definition is to clarify eligibility for disaster unemployment 
assistance in the wake of the major disasters as a result of the 
terrorist attacks of September 11, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/13/01                    66 FR 56959
Interim Final Rule Effective    11/13/01
Interim Final Rule Comment 
Period                          12/13/01
Final Rule                      03/06/03                    68 FR 10932
Final Rule Effective            03/06/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

Agency Contact: Betty E. Castillo, Operations, Department of Labor, 
Employment and Training Administration, Room S4231, 200 Constitution 
Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3032

RIN: 1205-AB31


[[Page 30569]]

_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________

1780. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1166

CFR Citation: 29 CFR 2590

Legal Deadline: None

Abstract: This rulemaking will provide guidance concerning the 
notification requirements pertaining to continuation coverage under the 
Employee Retirement Income Security Act of 1974 (ERISA). Section 606 of 
ERISA requires that group health plans provide employees notification 
of the continuation coverage provisions of the plan and imposes 
notification obligations upon plan administrators, employers, 
employees, and qualified beneficiaries relating to certain qualifying 
events.

Statement of Need: Part 6 of title I of ERISA requires that group 
health plans provide employees with notice of the continuation of 
health care coverage provisions of the plan; it imposes notification 
requirements upon employers, employees, plan administrators, and 
qualified beneficiaries in connection with certain qualifying events. 
The public needs guidance from the Department with regard to how they 
can fulfill their respective obligations under these statutory 
provisions.

Summary of Legal Basis: Section 606 of ERISA specifies the respective 
notification requirements for employers, employees, plan 
administrators, and qualified beneficiaries in connection with group 
health plan provisions relating to continuation of health care 
coverage. Section 606(a) of ERISA specifically refers to regulations to 
be issued by the Secretary of Labor clarifying these requirements. 
Section 505 of ERISA authorizes the Secretary to issue regulations 
clarifying the provisions of title I of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance which is needed by the public.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits will be developed once decisions are reached 
regarding the alternatives to be considered.

Risks: Failure to provide guidance to the public concerning their 
notification obligations under section 606 of ERISA may complicate 
compliance by the public with the law and may reduce the availability 
of continued health care coverage in certain commonly encountered 
situations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/23/97                    62 FR 49894
ANPRM Comment Period End        11/24/97
NPRM                            06/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Susan G. Lahne, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA60
_______________________________________________________________________

1781. DEFAULT ROLLOVER SAFE HARBOR

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1104(c); 29 USC 1105; PL 107-16, sec 657

CFR Citation: 29 CFR 2550

Legal Deadline: Final, Statutory, June 7, 2004, Deadline prescribed by 
sec 657(c)(2)(A) of the Economic Growth and Tax Reconciliation Act of 
2001 (PL 107-16).

Abstract: This regulation would provide safe harbors under which the 
designation of an institution and investment of funds is deemed to 
satisfy the fiduciary requirements of sec. 404(a) of ERISA. The 
Department has issued a request for information in order to obtain 
additional information from the public to assist it in developing the 
required safe harbors.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   01/07/03                      68 FR 992
NPRM                            11/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Louis J. Campagna, Supervisory Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue, NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA92
_______________________________________________________________________

1782. ELECTRONIC FILING BY INVESTMENT ADVISERS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1002 note; 29 USC 1002(38); 29 USC 1135

CFR Citation: 29 CFR 2510.3-38

Legal Deadline: None

Abstract: Upon adoption, this proposed regulation will clarify that an 
electronic filing with the Investment Advisers Registration Depository 
(IARD), a centralized electronic filing system established by the 
Securities and Exchange Commission in conjunction with the NASD and 
State securities authorities, will satisfy the filing requirement for 
investment advisers seeking investment manager status under section 
3(38) of ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Florence Novellino-Ott, Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA94

[[Page 30570]]

_______________________________________________________________________

1783. SUSPENSION OF BENEFITS REGULATION

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1053(2)(3)(B); 29 USC 1135

CFR Citation: 29 CFR 2530.203-3

Legal Deadline: None

Abstract: This regulation would amend the requirements of 29 CFR 
2530.203-3(b)(4) relating to notification of suspension of benefit 
payments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Susan G. Lahne, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA96
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________

1784. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171; 29 
USC 1172; 29 USC 1191c

CFR Citation: 29 CFR 2590

Legal Deadline: Other, Statutory, April 1, 1997, Interim Final Rule.

Abstract: The Health Insurance Portability and Accountability Act of 
1996 (HIPAA) amended title I of ERISA by adding a new part 7, designed 
to improve health care access, portability and renewability. This 
rulemaking will provide regulatory guidance to implement these 
provisions.

Statement of Need: In general, the health care portability provisions 
in part 7 of ERISA provide for increased portability and availability 
of group health coverage through limitations on the imposition of any 
preexisting condition exclusion and special enrollment rights in group 
health plans after loss of other health coverage or a life event. Plan 
sponsors, administrators and participants need guidance from the 
Department with regard to how they can fulfill their respective 
obligations under these statutory provisions.

Summary of Legal Basis: Part 7 of ERISA specifies the portability and 
other requirements for group health plans and health insurance issuers. 
Section 734 of ERISA provides that the Secretary may promulgate such 
regulations as may be necessary or appropriate to carry out the 
provisions of part 7 of ERISA. In addition, section 505 of ERISA 
authorizes the Secretary to issue regulations clarifying the provisions 
of title I of ERISA.

Risks: Failure to provide guidance concerning Part 7 of ERISA may 
impede compliance with the law.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Effective    06/07/97
Interim Final Rule Comment 
Period                          07/07/97
Request for Information         10/25/99                    64 FR 57520
Comment Period End              01/25/00
Final Rule                      09/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA54
_______________________________________________________________________

1785. MENTAL HEALTH BENEFITS PARITY

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1182; 29 USC 1194; PL 104-204, 110 
Stat. 2944

CFR Citation: 29 CFR 2590

Legal Deadline: None

Abstract: The Mental Health Parity Act of 1996 (MHPA) was enacted on 
September 26, 1996 (Pub. L. 104-204). MHPA amended the Public Health 
Service Act (PHS Act) and the Employee Retirement Income Security Act 
of 1974 (ERISA), as amended, to provide for parity in the application 
of certain mental health benefits with limits on medical surgical 
benefits. These changes were subsequently added to the Internal Revenue 
Code (the Code). MHPA provisions are set forth in chapter 100 of 
subtitle K of the Code, title XXVII of the PHS Act, and part 7 of 
subtitle B of title I of ERISA. On December 2, 2002, President Bush 
signed H.R. 5716 (Pub. L. 107-313), the Mental Health Parity 
Reauthorization Act of 2002. This legislation amended ERISA and the PHS 
Act to further extend MHPA's original sunset date to December 31, 2003 
(the Code provisions already contained a sunset date of December 31, 
2003). As a result of this statutory amendment, and to assist 
employers, plan sponsors, health insurance issuers, and workers, the 
Department of Labor has amended the interim final regulations, in 
consultation with the Departments of the Treasury and Health and Human 
Services, conforming the regulatory sunset date to the new statutory 
sunset date.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/22/97                    62 FR 66932
Interim Final Rule Amendment 
Effective                       09/30/01
Interim Final Rule Amendment    09/27/02                    67 FR 60859
Interim Final Rule Amendment 
Effective                       12/02/02                    68 FR 18048

[[Page 30571]]

Interim Final Rule Amendment    04/14/03                    68 FR 18048
Final Action                    03/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: LEGAL AUTHORITIES CONT: secs 107, 209, 505, 701 
to 703, 711, 712.

Agency Contact: Mark Connor, Supervisory Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
C5331, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA62
_______________________________________________________________________

1786. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1185; 29 
USC 1191 to 1191c

CFR Citation: 29 CFR 2590.711

Legal Deadline: None

Abstract: The Newborns' and Mothers' Health Protection Act of 1996 
(NMHPA) was enacted on September 26, 1996 (PL 104-204). NMHPA amended 
the Public Health Service Act (PHSA) and the Employee Retirement Income 
Security Act of 1974, as amended, (ERISA) to provide protection for 
mothers and their newborn children with regard to the length of 
hospital stays following the birth of a child. NMHPA provisions are set 
forth in title XXVII of the PHSA and part 7 of subtitle B of title I of 
ERISA. This rulemaking will provide further guidance with regard to the 
provisions of the NMHPA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/27/98                    63 FR 57546
Final Action                    12/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA63
_______________________________________________________________________

1787. RULEMAKING RELATING TO THE WOMEN'S HEALTH AND CANCER RIGHTS ACT OF 
1998

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 29 USC 1135; 29 USC 1185; 29 USC 1191c

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Women's Health and Cancer Rights Act of 1998 (WHCRA) was 
enacted on October 21, 1998 (P.L. 105-277). WHCRA amended the Employee 
Retirement Income Security Act of 1974 (ERISA) and the Public Health 
Service Act (PHS Act) to provide protection for patients who elect 
breast reconstruction in connection with a mastectomy. The WHCRA 
provisions are set forth in part 7 of subtitle B of title I of ERISA 
and in title XXVII of the PHS Act. These interim rules will provide 
guidance with respect to the WHCRA provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   05/28/99                    64 FR 29186
Request for Information Comment 
Period End                      06/28/99
Interim Final Rule              01/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Elena Hornsby, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room C5331, 200 
Constitution Avenue NW, FP Building, C5331, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA75
_______________________________________________________________________

1788. PROHIBITING DISCRIMINATION AGAINST PARTICIPANTS AND BENEFICIARIES 
BASED ON HEALTH STATUS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1182; 29 
USC 1191c; 29 USC 1194

CFR Citation: 29 CFR 2590.702

Legal Deadline: None

Abstract: Section 702 of the Employee Retirement Income Security Act of 
1974, amended by the Health Insurance Portability and Accountability 
Act of 1996 (HIPAA), establishes that a group health plan or a health 
insurance issuer may not establish rules for eligibility (including 
continued eligibility) of any individual to enroll under the terms of 
the plan based on any health status-related factor. These provisions 
are also contained in the Internal Revenue Code under the jurisdiction 
of the Department of the Treasury, and the Public Health Service Act 
under the jurisdiction of the Department of Health and Human Services.
On April 8, 1997, the Department, in conjunction with the Departments 
of the Treasury and Health and Human Services (collectively, the 
Departments) published interim final regulations implementing the 
nondiscrimination provisions of HIPAA. These regulations can be found 
at 26 CFR 54.9802-1 (Treasury), 29 CFR 2590.702 (Labor), and 45 CFR 
146.121 (HHS). That notice of rulemaking also solicited comments on the 
nondiscrimination provisions and indicated that the Departments intend 
to issue further regulations on the nondiscrimination rules. This 
rulemaking contains additional regulatory interim guidance under 
HIPAA's nondiscrimination provisions. In addition, the rulemaking 
contains proposed guidance on bona fide wellness programs.

Statement of Need: Part 7 of ERISA provides that group health plans and 
health insurance issuers may not establish rules for eligibility 
(including continued eligibility) of any individual to enroll under the 
terms of the plan based on any health status-related factor. Plan 
sponsors, administrators and participants need additional guidance from 
the Department with regard to how they can fulfill their respective 
obligations under these statutory provisions.

[[Page 30572]]

Summary of Legal Basis: Section 702 of ERISA specifies the respective 
nondiscrimination requirements for group health plans and health 
insurance issuers. Section 734 of ERISA provides that the Secretary may 
promulgate such regulations as may be necessary or appropriate to carry 
out the provisions of part 7 ERISA. In addition, section 505 of ERISA 
authorizes the Secretary to issue regulations clarifying the provisions 
of title I of ERISA.

Risks: Failure to provide guidance concerning part 7 of ERISA may 
impede compliance with the law.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Comment 
Period                          07/07/97
NPRM                            01/08/01                     66 FR 1421
Second Interim Final Rule       01/08/01                     66 FR 1378
NPRM Comment Period End         04/09/01
Interim Final Rule Comment 
Period                          04/09/01
Final Rule                      12/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Additional Information: This item has been split off from RIN 1210-AA54 
in order to

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA77
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________

1789. ADEQUATE CONSIDERATION

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1002(18); 29 USC 1135

CFR Citation: 29 CFR 2510

Legal Deadline: None

Abstract: The regulation would set forth standards for determining 
``adequate consideration'' under section 3(18) of ERISA for assets 
other than securities for which there is a generally recognized market.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/17/88                    53 FR 17632
NPRM Comment Period End         07/17/88


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Morton Klevan, Department of Labor, Employee Benefits 
Security Administration, N5669, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA15
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________

1790. DEFINITION OF COLLECTIVE BARGAINING AGREEMENT (ERISA SECTION 
3(40))

Priority: Other Significant

Legal Authority: 29 USC 1002(40); 29 USC 1135

CFR Citation: 29 CFR 2510.3-40

Legal Deadline: None

Abstract: The regulation establishes standards for determining whether 
an employee benefit plan is established or maintained under or pursuant 
to one or more collective bargaining agreements for purposes of its 
exclusion from the Multiple Employer Welfare Arrangement (MEWA) 
definition in section 3(40) of ERISA, and thus exempted from State 
regulation. The regulation clarifies the scope of the exception from 
the MEWA definition for plans established or maintained under or 
pursuant to one or more collective bargaining agreements by providing 
criteria which will serve to distinguish welfare benefit arrangements 
which are maintained by legitimate unions pursuant to bona fide 
collective bargaining agreements from insurance arrangements promoted 
and marketed under the guise of ERISA-covered plans exempt from State 
insurance regulation. The regulation also serves to limit the extent to 
which plans maintained pursuant to bona fide collective bargaining 
agreements may extend plan coverage to individuals not covered by such 
agreements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/95                    60 FR 39208
NPRM Comment Period Extended to 09/29/95                    60 FR 50508
Notice Establishing Negotiated  09/22/98                    63 FR 50542
Second NPRM                     10/27/00                    65 FR 64498
Second NPRM Comment Period End  12/26/00
Final Action                    04/09/03                    68 FR 17484
Final Action Effective          06/09/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions, Organizations

Government Levels Affected: State

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Elizabeth A. Goodman, Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA48

[[Page 30573]]

_______________________________________________________________________

1791. REPORTING REQUIREMENTS FOR MEWAS PROVIDING MEDICAL CARE BENEFITS

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 1021(g); 29 USC 1135; 29 USC 1191c

CFR Citation: 29 CFR 2520

Legal Deadline: None

Abstract: These final rules govern certain reporting requirements under 
title I of the Employee Retirement Income Security Act of 1974, as 
amended (ERISA) for multiple employer welfare arrangements (MEWAs) that 
provide benefits consisting of medical care. In part, the rules 
implement recent changes made to ERISA by the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA). The rules also set 
forth elements that MEWAs would be required to file with the Department 
of Labor for the purpose of determining compliance with the 
portability, nondiscrimination, renewability and other requirements of 
part 7 of subtitle B of title I of ERISA including the requirements of 
the Mental Health Parity Act of 1996 and the Newborns' and Mothers' 
Protection Act of 1996. The rules provide guidance with respect to 
section 502(c)(5) of ERISA which authorizes the Secretary of Labor to 
assess a civil penalty of up to $1,000 a day for failure to comply with 
the new reporting requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/11/00                     65 FR 7152
Final Action                    04/09/03                    68 FR 17494
Final Action Effective          01/01/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA64
_______________________________________________________________________

1792. BLACKOUT NOTICE REGULATION

Priority: Other Significant

Legal Authority: 116 Stat 745 (29 USC 1132); 29 USC 1135; PL 107-204

CFR Citation: 29 CFR 2520

Legal Deadline: Other, Statutory, October 13, 2002, Interim Final Rule, 
PL 107-204.

Abstract: This regulation provides guidance with respect to the 
requirement that plan administrators furnish advance notice of blackout 
periods affecting individual account plans pursuant to section 101(i) 
of ERISA, as added by section 306 of the Sarbanes-Oxley Act of 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/21/02                    67 FR 64765
Interim Final Rule Comment 
Period                          11/20/02
Final Rule                      01/24/03                     68 FR 3716
Interim Final Rule Effective    01/26/03
Final Action Effective          01/26/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Louis J. Campagna, Supervisory Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue, NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA90
_______________________________________________________________________

1793. BLACKOUT NOTICE CIVIL PENALTY

Priority: Other Significant

Legal Authority: 29 USC 1021(b)(1); 29 USC 1135; PL 107-204

CFR Citation: 29 CFR 2560

Legal Deadline: Final, Statutory, October 13, 2002.

Abstract: These regulations provide guidance with respect to the 
requirement that plan administrators furnish advance notice of blackout 
periods affecting individual account plans pursuant to section 101(i) 
of ERISA, as added by section 306 of the Sarbanes-Oxley Act of 2002, as 
well as the related civil penalty provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/21/02                    67 FR 64774
Interim Final Rule Comment 
Period                          11/20/02
Final Rule                      01/24/03                     68 FR 3729
Interim Final Rule Effective    01/26/03
Final Action Effective          01/26/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John J. Canary, Suoervisory Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA91
_______________________________________________________________________

1794. AMENDMENT OF PROCEDURAL REGULATIONS UNDER ERISA

Priority: Info./Admin./Other

Legal Authority: 29 USC 1132(c); 29 USC 1135

CFR Citation: 29 CFR 2570

Legal Deadline: None

Abstract: This rulemaking amends 29 CFR part 2570 to clarify the time 
at which a notice of intent to assess a civil penalty, where there is a 
failure to file a statement of reasonable cause, constitutes a final 
order of the Secretary.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/21/02                    67 FR 64774
Interim Final Rule Comment 
Period                          11/20/02
Final Rule                      01/24/03                     68 FR 3729
Final Rule Effective            01/26/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Susan Rees, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA93
_______________________________________________________________________

1795. CIVIL MONETARY PENALTY ADJUSTMENT REGULATION

Priority: Info./Admin./Other

Legal Authority: 29 USC 1135; 29 USC 2461 note

CFR Citation: 29 CFR 2960

Legal Deadline: Final, Statutory, July 29, 2001, PL 104-134 sec 3720C.

[[Page 30574]]

Abstract: The Federal Civil Monetary Penalty Inflation Adjustment Act 
of 1990, as amended by the Debt Collection Improvement Act of 1996, 
requires Federal agencies to adjust civil monetary penalties for 
inflation at least once every four years. This rulemaking satisfies 
that requirement with respect to the civil monetary penalties under 
title I of ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/24/03                     68 FR 2875
Final Rule Effective            03/24/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Eric Raps, Pension Law Specialist, Department of Labor, 
Employee Benefits Security Administration, 200 Constitution Avenue NW, 
Rm N5669, FP Building, Washington, DC 20011
Phone: 202 693-8500

RIN: 1210-AA95

_______________________________________________________________________
Department of Labor (DOL)                                 Prerule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

1796. FOCUSED INSPECTIONS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 4

Legal Deadline: None

Abstract: Compliance history and safety and health performance are 
factors that provide a quantifiable means for focusing MSHA resources. 
MSHA seeks comment on how best to maximize the effectiveness of 
resources and to further develop inspection procedures based upon 
experience. MSHA will evaluate current guidelines and practices for 
conducting inspections and determine how to best achieve the 
complementary objectives of protecting miners while focusing inspection 
resources on the greatest safety and health needs within each mine.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AB30
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

1797. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL 
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 70; 30 CFR 75; 30 CFR 90

Legal Deadline: None

Abstract: Our current regulations require that all underground coal 
mine operators develop and follow a mine ventilation plan for each 
mechanized mining unit that we approve. However, we do not have a 
requirement that provides for verification of each plan's effectiveness 
under typical mining conditions. Consequently, plans may be implemented 
by mine operators that could be inadequate to control respirable dust. 
The proposed rule provides for MSHA to verify the effectiveness of mine 
ventilation plans to control respirable dust under typical mining 
conditions. For longwall mine operators, we proposed to permit the 
limited use of either approved loose-fitting powered air purifying 
respirators (PAPRs) or verifiable administrative controls as a 
supplemental means of compliance if we have determined that further 
reduction in respirable dust levels cannot be achieved using all 
feasible engineering controls. Furthermore, MSHA proposed to assume 
responsibility for all compliance sampling for respirable dust in 
underground coal mines as required under 30 CFR parts 70 and 90. 
However, given significant public comments, MSHA reproposed this rule.

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were two decades ago. Despite this 
progress, there continues to be concern about the respirable coal mine 
dust sampling program and its effectiveness in maintaining exposure 
levels in mines at or below the applicable standard. Our regulations 
require that all underground coal mine operators develop and follow a 
mine ventilation plan approved by us. The dust control portion of the 
mine ventilation plan is the key element of an operator's strategy to 
control respirable dust in the work environment. Although such plans 
are required to be designed to control respirable dust, there is no 
current requirement that provides for verification of each proposed 
plan's effectiveness under typical mining conditions. Consequently, 
plans may be implemented that may be inadequate to control respirable 
dust. Therefore, we proposed to revoke existing operator respirable 
dust sampling and to implement new regulations that would require each 
underground coal mine operator to have a verified ventilation plan. 
MSHA would verify the effectiveness of the mine ventilation plan for 
each mechanized mining unit in controlling respirable dust under 
typical mining conditions.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by

[[Page 30575]]

section 101 of the Federal Mine Safety and Health Act of 1977.

Alternatives: In developing the final rule, we considered alternatives 
related to typical production levels, the use of appropriate dust 
control strategies, use of supplemental controls for mining entities 
other than longwalls, and the level of protection of loose-fitting 
powered air purifying respirators (PAPRS) in underground coal mines.

Anticipated Cost and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime by the elimination of overexposures to 
respirable coal mine dust on each and every production shift. 
Additional benefits include reduced health care costs and disability 
and black lung benefit payments. There would be a cost savings for mine 
operators when MSHA completely takes over compliance and abatement 
sampling for respirable dust. We developed cost estimates and made them 
available for public review.

Risks: Respirable coal mine dust is one of the most serious 
occupational hazards in the mining industry. Occupational exposure to 
excessive levels of respirable coal mine dust can cause black lung and 
silicosis, which are potentially disabling and can cause death. We are 
pursuing both regulatory and non-regulatory actions to eliminate these 
diseases through the control of coal mine respirable dust levels in 
mines and the reduction of miners' exposure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/00                    65 FR 42122
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42186
Extension of Comment Period; 
Close                           09/08/00                    65 FR 49215
NPRM                            03/06/03                    68 FR 10784
NPRM Comment Period End         06/04/03
Final Rule                      12/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB18 
(Determination of

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AB14
_______________________________________________________________________

1798. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 72

Legal Deadline: None

Abstract: The National Institute for Occupational Safety and Health and 
the Mine Safety and Health Administration jointly proposed that a 
single, full-shift measurement (single sample) will accurately 
represent the atmospheric condition to which a miner is exposed. The 
proposed rule addresses the U.S. Court of Appeals' concerns raised in 
National Mining Association v. Secretary of Labor, 153 3d 1264 (11th 
Cir. 1998). MSHA has supplemented the record with additional data and 
reopened the record for comments.

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were over two decades ago. Despite this 
progress, there continues to be concern about our current sampling 
programs' ability to accurately measure and maintain respirable coal 
mine dust exposure at or below the applicable standard on each shift. 
For as long as miners have taken coal from the ground, many have 
suffered respiratory problems due to their occupational exposures to 
respirable coal mine dust. These respiratory problems affect the 
current workforce and range from mild impairment of respiratory 
function to more severe diseases, such as silicosis and pulmonary 
massive fibrosis. For some miners, the impairment of their respiratory 
systems is so severe, they die prematurely. Since there is a clear 
relationship between a miner's cumulative exposure to respirable coal 
mine dust and the severity of the resulting respiratory conditions, it 
is imperative that each miner's exposure not exceed the applicable 
standard on each and every shift.

Summary of Legal Basis: Promulgation of this regulation is authorized 
by section 101 of the Federal Mine Safety and Health Act of 1977.

Alternatives: The requirements of this rule (single sample) will work 
in tandem with those of the proposed rule (RIN 1219-AB14) in which MSHA 
proposed to verify the effectiveness of ventilation plans as well as 
conduct all compliance sampling in underground coal mines. However, 
given significant public comments, MSHA will repropose RIN 1219-AB14 - 
Verification of Underground Coal Mine Operators' Dust Control Plans and 
Compliance Sampling for Respirable Dust.

Anticipated Cost and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime by the elimination of overexposures to 
respirable coal mine dust on each and every production shift. 
Additional benefits include reduced health care costs and disability 
and black lung benefit payments.

Risks: Respirable coal mine dust is one of the most serious 
occupational hazards in the mining industry. Occupational exposure to 
excessive levels of respirable coal mine dust can cause workers' 
pneumoconiosis and silicosis, which are potentially disabling and can 
cause death. We are pursuing both regulatory and nonregulatory actions 
to eliminate these diseases through the control of coal mine respirable 
dust levels in mines and reduction of miners' exposure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/00                    65 FR 42068
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42185
Extension of Comment Period; 
Close                           09/08/00                    65 FR 49215
Reopen Record for Comments      03/06/03                    68 FR 10940
Reopen Record Comment Period End06/04/03
Final Rule                      12/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB14 
(Verification of Underground Coal Mine Operators' Dust Control Plans 
and Compliance Sampling for Respirable Dust).

[[Page 30576]]

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AB18
_______________________________________________________________________

1799. ASBESTOS EXPOSURE LIMIT

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 71

Legal Deadline: None

Abstract: MSHA's permissible exposure limit (PEL) for asbestos applies 
to surface (30 CFR part 56) and underground (30 CFR part 57) metal and 
nonmetal mines and to surface coal mines and surface areas of 
underground coal mines (30 CFR part 71) and is over 20 years old. 
Current scientific data indicate that this existing PEL is not adequate 
to protect miners' health. MSHA is considering rulemaking to lower the 
PEL in order to reduce the risk of miners developing asbestos-induced 
occupational disease. A recent report by the Office of the Inspector 
General (OIG) recommended that MSHA lower its existing permissible 
exposure limit for asbestos to a more protective level, and address 
take-home contamination from asbestos. It also recommended that MSHA 
use Transmission Electron Microscopy to analyze fiber samples that may 
contain asbestos.

Statement of Need: Current scientific data indicate that the existing 
asbestos PEL is not protective of miners' health. MSHA's asbestos 
regulations date to 1967 and are based on the Bureau of Mines (MSHA's 
predecessor) standard of 5 mppcf (million particles per cubic foot of 
air). In 1969, the Bureau proposed a 2 mppcf and 12 fibers/ml standard. 
This standard was promulgated in 1969. In 1970, the Bureau proposed to 
lower the standard to 5 fibers/ml, which was promulgated in 1974. MSHA 
issued its current standard of 2 fibers/ml at the end of 1978 for metal 
and nonmetal mining (43 FR 54064). Since enactment of the Mine Act, 
MSHA has conducted regular inspections at both surface and underground 
operations at metal and nonmetal mines. During these inspections, MSHA 
routinely takes samples, which are analyzed for compliance with its 
standard.

Other Federal agencies have addressed this issue by lowering their PEL 
for asbestos. For example, the Occupational Safety and Health 
Administration, working in conjunction with the Environmental 
Protection Agency, enacted a revised asbestos standard in 1994 that 
lowered the permissible exposure limit and the excursion limit to an 
eight (8) hour time-weighted average limit of 0.1 fiber per cubic 
centimeter of air and to 1.0 fiber per cubic centimeter of air (1 f/cc) 
as averaged over a sampling period of thirty (30) minutes. These 
lowered limits reflected increased asbestos-related disease risk to 
asbestos-exposed workers.

Alternatives: The Agency has increased sampling efforts in an attempt 
to determine current miners' exposure levels to asbestos, including 
taking samples at all existing vermiculite, taconite, talc, and other 
mines to determine whether asbestos is present and at what levels. 
Since the spring of 2000, MSHA has taken almost 900 samples at more 
than 40 operations employing more than 4,000 miners. During those 
sampling events, MSHA staff also discussed with the miners and mine 
operators the potential hazards of asbestos and the types of preventive 
measures that could be implemented to reduce exposures. The course of 
action MSHA takes in addressing asbestos hazards to miners will, in 
part, be based on these sampling results.

Anticipated Cost and Benefits: MSHA will develop a preliminary 
regulatory economic analysis to accompany any proposed rule that may be 
developed.

Risks: There is concern that miners could be exposed to the hazards of 
asbestos during mine operations where the ore body contains asbestos. 
There is also potential for exposure at facilities in which installed 
asbestos-containing material is present. Overexposure to asbestos 
causes mesothelioma and other forms of cancers, such as cancers of the 
digestive system, as well as asbestosis.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/29/02                    67 FR 15134
Notice of Public Meetings       03/29/02
Notice of Change to Public 
Meetings                        04/18/02                    67 FR 19140
ANPRM Comment Period End        06/27/02
NPRM                            09/00/03

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The Office of the Inspector General's 
``Evaluation of MSHA's Handling of Inspections at the W.R. Grace & 
Company Mine in Libby, Montana,'' was issued in March 2001.

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AB24
_______________________________________________________________________

1800. DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 57

Legal Deadline: None

Abstract: On January 19, 2001, MSHA published a final rule addressing 
diesel particulate matter (DPM) exposure of underground metal and 
nonmetal miners. The final rule established new health standards for 
underground metal and nonmetal mines that use equipment powered by 
diesel engines. The rule establishes an interim concentration limit of 
400 micrograms of total carbon per cubic meter of air that became 
applicable July 20, 2002, and a final concentration limit of 160 
micrograms to become applicable after January 19, 2006. Industry 
challenged the January 19, 2001 standard and organized labor intervened 
in the litigation. Settlement negotiations with the litigants have 
resulted in further regulatory actions on several requirements in the 
January 19, 2001 final rule. One regulatory action has been completed. 
This new rulemaking will address the remaining issues. MSHA issued an 
ANPRM on September

[[Page 30577]]

25, 2002 to obtain additional information and to develop a proposed 
rule in 2003.

Statement of Need: As a result of the first partial settlement with the 
litigants, MSHA published two documents in the Federal Register on July 
5, 2001. One document delayed the effective date of 57.5066(b) 
regarding the tagging provisions of the maintenance standard; clarified 
the effective dates of certain provisions of the final rule; and gave 
correction amendments.

The second document was a proposed rule to clarify 57.5066(b)(1) and 
(b)(2) of the maintenance standards and to add a new paragraph (b)(3) 
to 57.5067 regarding the transfer of existing diesel equipment from one 
underground mine to another underground mine. The final rule on these 
issues was published February 27, 2002, and became effective March 29, 
2002.
Also as part of the settlement agreement, MSHA agreed to conduct joint 
sampling with industry and labor at 31 underground mines to determine 
existing concentration levels of DPM; assess the performance of the SKC 
sampler with the NIOSH Analytical Method 5040; assess the feasibility 
of achieving compliance with the standard's concentration limit at the 
31 mines; and, assess the impact of interferences on samples collected 
in the metal and nonmetal underground mining environment before the 
limits established in the final rule became effective. Sampling and 
data analyses have been completed and the final report was issued on 
January 6, 2003.
MSHA also agreed to proposed specific changes to the 2001 DPM final 
rule. On September 25, 2002, MSHA published an Advance Notice of 
Proposed Rulemaking (ANPRM) (67 FR 60199). In response to commenters, 
MSHA intends at this time to propose changes only to the interim DPM 
standard of 400 micorgrams per cubic meter of air. In a separate 
rulemaking, the Agency will propose a rule to revise the final 
concentration limit of 160 micrograms per cubic meter of air pursuant 
to the DPM settlement agreement. The scope of both rulemakings is 
limited to the settlement agreement. The current rulemaking addresses 
the following provisions:
 57.5060(a) - Propose to change the existing DPM surrogate from total 
carbon to elemental carbon; propose that a single personal sample of 
miner's exposure would be an adequate basis for MSHA compliance 
determinations; and propose the current hierarchy of controls that MSHA 
applies in its existing metal and nonmetal exposure based health 
standards for abating violations.
 57.5060(c) - Propose to adapt to the interim limit the existing 
provision that allows mine operators to apply to the Secretary for 
additional time to come into compliance with the final concentration 
limit. MSHA also agreed to propose to include consideration of economic 
feasibility, and to allow for annual renewals of such special 
extensions.
 57.5060(d) - This existing provision permits miners to engage in 
certain activities in concentrations exceeding the interim and final 
limits upon application and approval from the Secretary. MSHA asked 
commenters if this provision should be removed since the Agency agreed 
to propose the existing hierarchy of controls.
 57.5060(e) - MSHA agreed to propose to remove the existing prohibition 
on the use of personal protective equipment.
 57.5060(f) - MSHA agreed to propose to remove the prohibition on the 
use of administrative controls.
 57.5061(b) - MSHA is proposing to change the reference to total carbon 
to elemental carbon.
 57.5061(c) - MSHA is proposing to delete the references to ``area'' 
and ``occupational'' sampling for compliance.
 57.5062 - MSHA agreed to propose revisions to the existing diesel 
control plan.
MSHA also agreed to propose to change the existing DPM surrogate from 
total carbon to elemental carbon for the final limit that is applicable 
after January 19, 2006.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by sections 101 and 103 of the Federal Mine Safety and Health Act of 
1977.

Alternatives: This rulemaking action is a result of the parties' 
settlement negotiations. This action will not decrease protection for 
miners.

Anticipated Cost and Benefits: MSHA will develop a preliminary economic 
analysis to accompany the proposed rule.

Risks: Several epidemiological studies have found that exposure to 
diesel exhaust presents potential health risk to the miners. These 
potential adverse health effects range from headaches and nausea to 
respiratory disease and cancer. In the confined space of the 
underground mining environment, occupational exposure to diesel exhaust 
may present a greater hazard due to ventilation limitations and the 
presence of other airborne contaminants, such as toxic mine dusts or 
mine gases. We believe that the health evidence forms a reasonable 
basis for reducing miners' exposure to diesel particulate matter. 
Proceeding with rulemaking on the provisions discussed above will more 
effectively reduce miners exposure to DPM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/25/02                    67 FR 60199
ANPRM Comment Period End        11/25/02
NPRM                            07/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AB29

[[Page 30578]]

_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

1801. UNDERGROUND COAL MINE VENTILATION -- SAFETY STANDARDS FOR THE BELT 
ENTRY AS AN INTAKE AIR COURSE

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 957; 30 USC 961

CFR Citation: 30 CFR 12; 30 CFR 48; 30 CFR 75

Legal Deadline: None

Abstract: The proposed rule would give a coal mine operator the option 
of using air from a belt entry (belt air) in mines with three or more 
entries (parallel tunnels), as an intake air course to ventilate 
working sections and areas where mechanized mining equipment is being 
installed or removed. Current regulations require belt air to be 
separated from intake and return air courses for mines opened after 
1970, unless a mine operator is granted a petition for modification of 
a safety standard (30 CFR 75.350) as set forth in the Federal Mine 
Safety and Health Act (Mine Act) of 1977 section 101(c), 30 USC 811(c) 
(1998). For three or more entry mines, regardless of the date they were 
opened, the proposed rule would supersede the requirements in current 
petitions for using belt air as an intake air course and standardize 
these requirements for all mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/27/88                     53 FR 2382
Public Hearing Notice           01/27/03                     68 FR 3936
Second NPRM                     01/27/03                     68 FR 3936
Second NPRM Comment Period End  03/28/03
Final Rule                      12/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: In 1988, MSHA published a proposed rule, 53 
Fed. Reg. 2382, to

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AA76
_______________________________________________________________________

1802. TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-MSHA 
PRODUCT SAFETY STANDARDS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 18; 30 CFR 19; 30 CFR 20; 30 CFR 22; 30 CFR 23; 30 
CFR 27; 30 CFR 33; 30 CFR 35; 30 CFR 36; 30 CFR 6; 30 CFR 7

Legal Deadline: None

Abstract: The proposed rule contains modifications to MSHA's existing 
product approval requirements for use of products in gassy underground 
mines. MSHA currently issues product approvals from MSHA's Approval and 
Certification Center after MSHA tests and evaluates the products based 
on regulations in 30 CFR parts 7 through 36. The proposed rule would 
establish alternative requirements for the testing and evaluation of 
products for MSHA approval. It would permit manufacturers who seek MSHA 
product approval to use an independent laboratory to perform the 
necessary product testing and evaluation in lieu of it being performed 
by MSHA. It also would allow MSHA product approval to be based on 
equivalent non-MSHA product safety standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/94                    59 FR 61376
NPRM                            02/13/95                     60 FR 8209
Public Hearing Notice           10/10/95                    60 FR 52640
Notice to Reschedule Public 
Hearing                         04/09/96                    61 FR 15743
Comment Period End              04/09/96
Public Hearing Notice           10/17/02                    67 FR 64196
Second NPRM                     10/17/02                    67 FR 64196
Second NPRM Comment Period End  12/31/02
Final Rule                      09/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AA87
_______________________________________________________________________

1803. IMPROVING AND ELIMINATING REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 957

CFR Citation: 30 CFR 1 to 199

Legal Deadline: None

Abstract: This rulemaking will revise text in the CFR to reduce burden 
or duplication, and to streamline requirements. We have reviewed our 
current regulations and identified provisions that are outdated, 
redundant, unnecessary, or otherwise require change. We will be making 
these changes through notice and comment rulemaking where necessary. We 
will also consider new regulations that reflect ``best practices'' in 
the mining industry. We view this effort to be evolving and ongoing and 
will continue to accept recommendations from the public. We are 
considering the following issues for direct final and/or proposed 
rulemaking: updating the 1985 SAE seat belt standard to the current 
1997 standard; addressing compliance burdens for small mines; reducing 
paperwork approval burden for sanitary toilet facilities; and allowing 
the use of spring-loaded locking devices on battery-powered machines, 
rather than padlocks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM: Phase 5 Methane Testing   09/26/02                    67 FR 60611
NPRM Comment Period End         11/25/02
NPRM                            01/22/03                     68 FR 2941
Direct Final Rule: Phase 10-
Spring                          01/22/03                     68 FR 2879
Notice of Withdrawal Direct 
Final Rule: Phase 10            03/07/03                    68 FR 10965
NPRM: Phase 6 - Seatbelts       04/21/03                    68 FR 19474
NPRM: Phase 9 - Sanitary        04/21/03                    68 FR 19477
Direct Final Rule: Phase 6-Seat 04/21/03                    68 FR 19344
Direct Final Rule: Phase 9-
Sanitary                        04/21/03                    68 FR 19347
Final Rule: Phase 5 - Methane 
Testing                         06/00/03
Final Rule: Phase 10 - Spring-
Loaded Locks                    07/00/03
Direct Final Rule: Phase 8-Small09/00/03

Regulatory Flexibility Analysis Required: Yes

[[Page 30579]]

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The following information should be added in 
the Timetable for

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AA98
_______________________________________________________________________

1804. [bull] EMERGENCY EVACUATION; EMERGENCY TEMPORARY STANDARD

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75.1501; 30 CFR 75.1502

Legal Deadline: None

Abstract: The Mine Safety and Health Administration (MSHA) issued an 
Emergency Temporary Standard (ETS) under the Federal Mine Safety and 
Health Act of 1977 (Mine Act), section 101(b) in response to the grave 
danger that underground coal miners are exposed to during mine fires, 
explosions, and gas or water inundation emergencies. The recent deaths 
of 14 miners at two underground coal mines demonstrate the need for 
MSHA to address proper training and mine emergency evacuation 
procedures. Under the Mine Act, the ETS effective as of December 12, 
2002, acts as a proposed rule. MSHA will conduct public hearings and 
accept written comments. The Mine Act requires that the Secretary 
promulgate a final rule no later than 9 months after publication of the 
ETS as provided for under section 101(b) of the Mine Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/12/02                    67 FR 76658
NPRM Comment Period End         01/13/03
Post Hearing Comment End        02/28/03
Final Rule                      09/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

RIN: 1219-AB33
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

1805. CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES

Priority: Info./Admin./Other

Legal Authority: 30 USC 957; PL 104-134 Debt Collection Improvement Act 
of 1996.

CFR Citation: 30 CFR 100

Legal Deadline: None

Abstract: This final rule will revise the Mine Safety and Health 
Administration's MSHA) statutory penalties found in section 110 of the 
Mine Act and the specific penalty amounts established in 30 CFR Part 
100 as mandated by the Debt Collection Improvement Act of 1996 (DCIA). 
The DCIA required that civil penalties be increased by up to 10 percent 
within 6 months of its enactment. This was last accomplished by a final 
rule published in the Federal Register, 77 FR 20032, April 22, 1998. It 
also required subsequent increases at least once every 4 years using a 
formula based on the Consumer Price Index.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               02/10/03                     68 FR 6609
Direct Final Rule Comment Period 
End                             03/12/03
Direct Final Rule Effective     04/11/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: nichols-marvin@msha.gov

Related RIN: Related To 1219-AB03
RIN: 1219-AB32


[[Page 30580]]

_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

1806. NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS AND ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF LABOR

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6101 et seq, Age Discrimination Act of 1975

CFR Citation: 29 CFR 35

Legal Deadline: NPRM, Judicial, September 10, 1979, Publication is 
required within 90 days of submission to HHS of final rule within 120 
days of NPRM.

Abstract: The proposed regulatory action implements the Age 
Discrimination Act of 1975 (the Act). The Act prohibits discrimination 
on the basis of age in programs or activities receiving Federal 
financial assistance. The Age Act also contains specific exceptions 
that permit the use of certain age distinctions and factors other than 
age that meet the Age Act's requirements. This NPRM will be the third 
republication of an NPRM published on June 10, 2002, with updates to 
reflect the passage of the Workforce Investment Act of 1998 and to add 
the term ``program or activity'' as it is defined in the Civil Rights 
Restoration Act of 1987. These changes do not alter the substance of 
the NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/29/98                    63 FR 71714
NPRM Comment Period End         03/01/99
Second NPRM                     06/10/02                    67 FR 39829
Second NPRM Comment Period End  08/09/02
Third NPRM                      06/00/03
Third NPRM Comment Period End   08/00/03
Final Rule                      12/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: civilrightscenter@dol.gov

RIN: 1291-AA21
_______________________________________________________________________

1807. DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority: Info./Admin./Other

Legal Authority: 40 USC 486(C); 5 USC 301

CFR Citation: 48 CFR 2900 to 2999

Legal Deadline: None

Abstract: The Department of Labor's Acquisition Regulations are being 
completely revised in order to reflect the significant changes made to 
the Federal Acquisition Regulation over the last 17 years, as well as 
organizational changes within DOL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/03
Direct Final Rule               07/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov

RIN: 1291-AA34
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

1808. EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND 
IMPLEMENTATION OF SECTION 504 OF THE REHABILITATION ACT OF 1973

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 794; 42 USC 2000(d)

CFR Citation: 29 CFR 31; 29 CFR 32

Legal Deadline: None

Abstract: This proposal would incorporate into 29 CFR parts 31 and 32 
the term ``program or activity'' and the definition of that term as it 
was defined in the Civil Rights Restoration Act of 1987. Part 31 
effectuates title VI of the Civil Rights Act of 1964, which prohibits 
discrimination on the basis of race, color, or national origin in 
programs or activities that receive financial assistance from the 
Department of Labor. Part 32 implements section 504 of the 
Rehabilitation Act of 1973, which prohibits discrimination on the basis 
of disability in programs or activities that receive financial 
assistance from the Department of Labor. The publication of this rule 
is being coordinated by the Department of Justice and will be published 
as part of a Governmentwide issuance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/06/00                    65 FR 76460
NPRM Comment Period End         01/05/01
Final Action                    09/00/03
Final Action Effective          10/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: civilrightscenter@dol.gov

RIN: 1291-AA31

[[Page 30581]]

_______________________________________________________________________

1809. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) 29 CFR 98

Priority: Substantive, Nonsignificant

Legal Authority: 40 USC 486(c); 41 USC 701; 5 USC 301

CFR Citation: 29 CFR 94; 29 CFR 98

Legal Deadline: None

Abstract: This document proposed substantive changes and amendments to 
the Governmentwide nonprocurement common rule for debarment and 
suspension and the Governmentwide rule implementing the Drug-Free 
Workplace Act of 1988. The most significant changes are: (1) This 
proposed common rule on debarment and suspension would limit the 
mandatory lower tier application of an exclusion to the first 
procurement level under a nonprocurement covered transaction; (2) This 
proposed common rule on debarment and suspension would set the dollar 
threshold on prohibited lower-tier procurement transactions with 
excluded persons at $25,000; (3) Both this proposed rule on debarment 
and suspension and the proposed rule on drug-free workplace 
requirements would eliminate the mandate for agencies and participants 
to obtain written certifications from awardees or persons with whom 
they propose to enter into covered transactions. The proposed rules 
will allow agencies and participants the flexibility to use other means 
if they so choose, such as award conditions or electronic access to the 
GSA List on the Internet, to enforce compliance with the rules; and (4) 
The proposed rule on drug-free workplace requirements would be 
separated from this proposed rule on debarment and suspension. The 
drug-free workplace requirements currently are in subpart F of the 
debarment and suspension nonprocurement common rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/23/02                     67 FR 3265
NPRM Comment Period End         03/25/02
Final Rule                      06/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: Lead agencies are developing responses to the 
comments submitted

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov

RIN: 1291-AA33
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

1810. IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY 
REQUIREMENTS OF THE WORKFORCE INVESTMENT ACT OF 1998

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 2938 Workforce Investment Act

CFR Citation: 29 CFR 37

Legal Deadline: Final, Statutory, August 7, 1999.

Abstract: The Workforce Investment Act of 1998 (WIA) was signed into 
law by President Clinton on August 7, 1998. Section 188 prohibits 
discrimination by recipients of financial assistance under title I of 
WIA on the grounds of race, color, national origin, sex, age, 
disability, religion, political affiliation or belief, and for 
beneficiaries only, participant status, and against certain 
noncitizens. Section 188(e) requires that the Secretary of Labor issue 
regulations necessary to implement section 188 not later than one year 
after the date of the enactment of the WIA. Such regulations will 
include standards for determining compliance and procedures for 
enforcement that are consistent with the acts referred to in section 
188(a)(1), as well as procedures to ensure that complaints filed under 
section 188 and such acts are processed in a manner that avoids 
duplication of effort. The reauthorization of WIA is currently under 
consideration by the Congress. It may include amendments to the 
nondiscrimination provisions contained in section 188 that would 
directly impact these regulations. A final rule will be issued after 
congressional action on the reauthorization of WIA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/12/99                    64 FR 61692
Interim Final Rule Comment 
Period                          12/13/99
Second Interim Final Rule        To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: civilrightscenter@dol.gov

RIN: 1291-AA29
_______________________________________________________________________

1811. GRANTS AND AGREEMENTS

Priority: Other Significant

Legal Authority: PL 105-277

CFR Citation: 29 CFR 95

Legal Deadline: None

Abstract: The Department is joining with other Federal agencies to 
establish revised regulations for grants. Congress included a two-
sentence provision in OMB's appropriation for fiscal year 1999, 
contained in Public Law 105-277, directing OMB to revise section 95.36 
of Circular A-110 ``to require Federal awarding agencies to ensure that 
all data produced under an award will be made available to the public 
through the procedures established under the Freedom of Information 
Act.'' Circular

[[Page 30582]]

A-110 applies to grants and cooperative agreements with institutions of 
higher education, hospitals, and nonprofit institutions, from all 
Federal agencies. OMB finalized the revision on September 30, 1999 (64 
FR 54926). This interim final rule amends the agencies' codification of 
Circular A-110 so they reflect OMB's recent action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/16/00                    65 FR 14405
Interim Final Rule Effective    04/17/00
Interim Final Rule Comment 
Period                          05/15/00
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: HHS is the lead agency and will coordinate the 
next action with

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov

RIN: 1291-AA30
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

1812. AUDITS OF STATES, LOCAL GOVERNMENTS, AND NONPROFIT ORGANIZATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 31 USC 7501 Single Audit Act Amendments of 1996; OMB 
Circular A-110; OMB Circular A-133

CFR Citation: 29 CFR 99

Legal Deadline: None

Abstract: Title 29 CFR part 99 created ``Audits of States, Local 
Governments, and Non-Profit Organizations'' as a new regulation which 
codifies the revised Office of Management and Budget (OMB) Circular A-
133 in its entirety. The Single Audit Act Amendments of 1996 (Pub.L. 
104-156, 110 Stat. 136) and the June 24, 1997, revision of OMB Circular 
A-133, ``Audits of States, Local Governments, and Non-Profit 
Organizations,'' required agencies to adopt in codified regulations the 
standards in the revised OMB Circular A-133 by August 29, 1997, so that 
they will apply to audits of fiscal years beginning after June 30, 
1996. The revised OMB Circular A-133 co-located audit requirements for 
States, local governments, and nonprofit organizations. As a 
consequence, the OMB rescinded OMB Circular A-128, ``Audits of States 
and Local Governments.'' On August 29, 1997, the Department of Labor 
amended its grants common rules at 29 CFR 95 and 29 CFR 97 in 
accordance with OMB guidance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/25/99                    64 FR 14537
Interim Final Rule Effective    03/25/99
Interim Final Rule Comment 
Period                          05/24/99                    64 FR 14537
Final Rule                      04/02/03                    68 FR 16162
Final Rule Effective            05/02/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local

Agency Contact: Jeffrey Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW, N5425, FP Building, Washington, 
DC 20210
Phone: 202 693-7285
Fax: 202 693-7290
Email: oasamregcomments@dol.gov

RIN: 1291-AA26
_______________________________________________________________________

1813. AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS

Priority: Info./Admin./Other

Legal Authority: 31 USC 7500 et seq; OMB Circular A-133

CFR Citation: 29 CFR 96

Legal Deadline: None

Abstract: This rule revises title 29 of the Code of Federal Regulations 
(CFR) part 96 ``Audit Requirements for Grants, Contracts, and Other 
Agreements'' to update references to the revised Office of Management 
and Budget (OMB) Circular A-133, which is simultaneously codified in 29 
CFR part 99 and to consolidate various other provisions to ensure 
consistency and continuity.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/25/99                    64 FR 14537
Interim Final Rule Effective    03/25/99
Interim Final Rule Comment 
Period                          05/24/99                    64 FR 14537
Final Rule                      04/02/03                    68 FR 16162
Final Rule Effective            05/02/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: oasamregcomments@dol.gov

RIN: 1291-AA27


[[Page 30583]]

_______________________________________________________________________
Department of Labor (DOL)                                 Prerule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

1814. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: In July 1993, the Occupational Safety and Health 
Administration (OSHA) was petitioned for an emergency temporary 
standard (ETS) to reduce the permissible exposure limit (PEL) for 
occupational exposures to hexavalent chromium CrVI. The Oil, Chemical, 
and Atomic Workers International Union (OCAW) and Public Citizen's 
Health Research Group (HRG) petitioned OSHA to promulgate an ETS to 
lower the PEL for CrVI compounds to 0.5 micrograms per cubic meter of 
air (ug/m3) as an eight-hour, time-weighted average (TWA). The current 
PEL in general industry is a ceiling value of 100 ug/m3, measured as 
CrVI and reported as chromic anhydride (CrO3). The amount of CrVI in 
the anhydride compound equates to a PEL of 52 ug/m3. This ceiling limit 
applies to all forms of CrVI, including chromic acid and chromates, 
lead chromate, and zinc chromate. The current PEL for CrVI in the 
construction industry is 100 ug/m3 as a TWA PEL, which also equates to 
a PEL of 52 ug/m3. After reviewing the petition, OSHA denied the 
request for an ETS and initiated a section 6(b)(5) rulemaking.
OSHA began collecting data and performing preliminary analyses relevant 
to occupational exposure to CrVI. However, in 1997, OSHA was sued by 
HRG for unreasonable delay in issuing a final CrVI standard. The 3rd 
Circuit, U.S. Court of Appeals ruled in OSHA's favor and the Agency 
continued its data collection and analytic efforts on CrVI. In 2002, 
OSHA was sued again by HRG for continued unreasonable delay in issuing 
a final CrVI standard. In August, 2002 OSHA published a Request for 
Information on CrVI to solicit additional information on key issues 
related to controlling exposures to CrVI and on December 4, 2002 OSHA 
announced its intent to proceed with developing a proposed standard. On 
December 24, 2002, the 3rd Circuit, U.S. Court of Appeals ruled in 
favor of HRG and ordered the Agency to proceed expeditiously with a 
CrVI standard.
The major illnesses associated with occupational exposure to CrVI are 
lung cancer and dermatoses. OSHA estimates that approximately one 
million workers are exposed to CrVI on a regular basis in all 
industries. The major uses of CrVI are: as a structural and anti-
corrosive element in the production of stainless steel, ferrochromium, 
iron and steel, and in electroplating, welding and painting.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         08/22/02                    67 FR 54389
Comment Period End              11/20/02
Initiate SBREFA Process         01/00/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB45
_______________________________________________________________________

1815. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING 
SUFFOCATION/EXPLOSIONS IN CONFINED SPACES

Priority: Economically Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926.36

Legal Deadline: None

Abstract: In January 1993, OSHA issued a general industry rule to 
protect employees who enter confined spaces (29 CFR 1910.146). This 
standard does not apply to the construction industry because of 
differences in the nature of the worksite in the construction industry. 
In discussions with the United Steel Workers of America on a settlement 
agreement for the general industry standard, OSHA agreed to issue a 
proposed rule to extend confined-space protection to construction 
workers appropriate to their work environment. OSHA intends to issue a 
proposed rule addressing this construction industry hazard next year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel Report             09/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.gov

RIN: 1218-AB47
_______________________________________________________________________

1816. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1910.1047

Legal Deadline: None

Abstract: OSHA has undertaken a review of the ethylene oxide (ETO) 
standard in accordance with the requirements of the Regulatory 
Flexibility Act and section 5 of EO 12866. The review has considered 
the continued need for the rule, the impacts of the rule, comments on 
the rule received from the public, the complexity of the rule, whether 
the rule overlaps, duplicates or conflicts with other Federal, State or 
local regulations, and the degree to which technology, economic 
conditions or other factors may have changed since the rule was last 
evaluated. The Agency's findings with respect to this review will be 
published in a report available to the public in 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      12/00/03

[[Page 30584]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John F. Martonik, Evaluation, Department of Labor, 
Occupational Safety and Health Administration, Room N3641, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov

RIN: 1218-AB60
_______________________________________________________________________

1817. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL 
PROTECTIVE EQUIPMENT

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 
1926 subpart V; 29 CFR 1926.97

Legal Deadline: None

Abstract: Electrical hazards are a major cause of occupational death in 
the United States. The annual fatality rate for power line workers is 
about 50 deaths per 100,000 employees. The construction industry 
standard addressing the safety of these workers during the construction 
of electric power transmission and distribution lines is over 30 years 
old. OSHA is developing a revision of this standard that will prevent 
many of these fatalities, add flexibility to the standard, and update 
and streamline the standard. OSHA also intends to amend the 
corresponding standard for general industry so that requirements for 
work performed during the maintenance of electric power transmission 
and distribution installations are the same as those for similar work 
in construction. In addition, OSHA will be revising a few miscellaneous 
general industry requirements primarily affecting electric transmission 
and distribution work, including provisions on electrical protective 
equipment and foot protection. This rulemaking will also address fall 
protection in aerial lifts for power generation, transmission and 
distribution work. The proposed rule is currently in the SBREFA 
process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Report                   07/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB67
_______________________________________________________________________

1818. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 
CFR 1926

Legal Deadline: None

Abstract: Crystalline silica is a significant component of the earth's 
crust, and many workers in a wide range of industries are exposed to 
it, usually in the form of respirable quartz or, less frequently, 
cristobalite. Chronic silicosis is a uniquely occupational disease 
resulting from exposure of employees over long periods of time (10 
years or more). Exposure to high levels of respirable crystalline 
silica causes acute or accelerated forms of silicosis that are 
ultimately fatal. The current OSHA permissible exposure limit (PEL) for 
general industry is based on a formula recommended by the American 
Conference of Governmental Industrial Hygienists (ACGIH) in 1971 
[PEL=10mg/cubic meter/(%silica + 2), as respirable dust]. The current 
PEL for construction and maritime (derived from ACGIH's 1962 Threshold 
Limit Value) is based on particle counting technology, which is 
considered obsolete. NIOSH and ACGIH recommend a 50ug/m3 exposure limit 
for respirable crystalline silica.
Both industry and worker groups have recognized that a comprehensive 
standard for crystalline silica is needed to provide for exposure 
monitoring, medical surveillance, and worker training. The American 
Society of Testing Materials (ASTM) recently published a final 
recommended standard to address the hazards of crystalline silica. The 
Building Construction Trades Department of the AFL-CIO has also 
developed a recommended comprehensive program standard. These standards 
include provisions for methods of compliance, exposure monitoring, 
training, and medical surveillance.
In developing a proposed standard, OSHA is currently considering 
several options ranging from proposing comprehensive standards 
simultaneously for general industry, construction, and maritime, to 
focusing the proposal on one or more specific issues, such as 
modernizing the construction and maritime PELs or standardizing 
sampling and employee exposures. OSHA is continuing to coordinate 
closely with the Mine Safety and Health Administration (MSHA) and the 
National Institute for Occupational Safety and Health (NIOSH) in 
collecting and developing information for a proposed standard.

Statement of Need: Over 2 million workers are exposed to crystalline 
silica dust in general industry, construction and maritime industries. 
Industries that could be particularly affected by a standard for 
crystalline silica include: foundries, industries that have abrasive 
blasting operation, paint manufacture, glass and concrete product 
manufacture, brick making, china and pottery manufacture, manufacture 
of plumbing fixtures, and many construction activities including 
highway repair, masonry, concrete work, rock drilling, and 
tuckpointing. The seriousness of the health hazards associated with 
silica exposure is demonstrated by the fatalities and disabling 
illnesses that continue to occur. Between 1990 and 1996, 200 to 300 
deaths per year are known to have occurred where silicosis was 
identified on death certificates as an underlying or contributing 
cause. It is likely that many more cases have occurred where silicosis 
went undetected. In addition, the International Agency for Research on 
Cancer (IARC) has designated crystalline silica as a known human 
carcinogen. Exposure to crystalline silica has also been associated 
with an increased risk of developing

[[Page 30585]]

tuberculosis and other nonmalignant, renal and autoimmune respiratory 
diseases. Exposure studies and OSHA enforcement data indicate that some 
workers continue to be exposed to levels of crystalline silica far in 
excess of current exposure limits. Congress has recently included 
compensation of silicosis victims on Federal nuclear testing sites in 
the Energy Employees' Occupational Illness Compensation Program Act of 
2000. There is a particular need for the Agency to modernize its 
exposure limits for construction and maritime, and to address some 
specific issues that will need to be resolved to propose a 
comprehensive standard.

Summary of Legal Basis: The legal basis for the proposed rule is a 
preliminary determination that workers are exposed to a significant 
risk of silicosis and other serious disease and that rulemaking is 
needed to substantially reduce the risk. In addition, the proposed 
rulemaking will recognize that the PELs for construction and maritime 
are outdated and need to be revised to reflect current sampling and 
analytical technologies.

Alternatives: Over the past several years, the Agency has attempted to 
address this problem through a variety of nonregulatory approaches, 
including initiation of a Special Emphasis Program on silica in October 
1997, sponsorship with NIOSH and MSHA of the National Conference to 
Eliminate Silicosis, and dissemination of guidance information on its 
Web site. OSHA has determined that rulemaking is a necessary step to 
ensure that workers are protected from the hazards of crystalline 
silica. The Agency is currently evaluating several options for the 
scope of the rulemaking.

Anticipated Cost and Benefits: The scope of the proposed rulemaking is 
still under development, and estimates of the costs and benefits have 
not yet been developed.

Risks: A detailed risk analysis has not yet been completed for this 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Initiate SBREFA Process         06/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB70
_______________________________________________________________________

1819. [bull] IONIZING RADIATION

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is considering amending 29 CFR 1910.1096 that addresses 
exposure to ionizing radiation. The OSHA regulations were published in 
1974, with only minor revisions since that time. The Department of 
Energy and the Nuclear Regulatory Commission both have more extensive 
radiation standards that reflect new technological and safety advances. 
In addition, radiation is now used for a broader variety of purposes, 
including health care, food safety, mail processing, and baggage 
screening. OSHA is in the process of reviewing information about the 
issue, and will determine the appropriate course of action regarding 
this standard when the review is completed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   10/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC11
_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

1820. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON 
RESPIRATORY PROTECTION

Priority: Other Significant

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In January 1998, OSHA published the final Respiratory 
Protection standard (29 CFR 1910.134), except for reserved provisions 
on assigned protection factors (APFs) and maximum use concentrations 
(MUCs). APFs are numbers that describe the effectiveness of the various 
classes of respirators in reducing employee exposure to airborne 
contaminants (including particulates, gases, vapors, biological agents, 
etc.). Employers, employees, and safety and health professionals use 
APFs to determine the type of respirator to protect the health of 
employees in various hazardous environments. Maximum use concentrations 
establish the maximum airborne concentration of a contaminant in which 
a respirator with a given APF may be used.
Currently, OSHA relies on the APFs developed by NIOSH in the 1980s 
unless OSHA has assigned a different APF in a substance-specific health 
standard. However, many employers follow the more recent APFs published 
in the industry consensus standard, ANSI Z88.2-1992. For some classes 
of respirators, the NIOSH and ANSI APFs vary greatly.
When OSHA published the final Respiratory Protection standard in 1998, 
it reserved for later rulemaking those provisions of the standard 
dealing with APFs and MUCs. This rulemaking

[[Page 30586]]

action will complete the 1998 standard, reduce compliance confusion 
among employers, and provide employees with consistent and appropriate 
respiratory protection.

Statement of Need: About 5 million employees wear respirators as part 
of their regular job duties. Due to inconsistencies between the APFs 
found in the current industry consensus standard (ANSI Z88.2-1992) and 
in the NIOSH Respirator Decision Logic, employers, employees, and 
safety and health professionals are often uncertain about what 
respirator to select to provide protection against hazardous air 
contaminants. Several industry and professional groups have asked OSHA 
to proceed with this rulemaking to resolve these inconsistencies and 
provide reliable protection of employees' health in cases where 
respirators must be worn.

Summary of Legal Basis: The legal basis for this proposed rule is the 
determination that assigned protection factors and maximum use 
concentrations are necessary to complete the final Respiratory 
Protection standard and provide the full protection of that standard.

Alternatives: OSHA has considered allowing the current situation to 
continue, in which OSHA generally enforces NIOSH APFs but many 
employers follow the more recent consensus standard APFs. However, 
allowing the continuation of this situation results in inconsistent 
enforcement, lack of guidance for employers, and the potential for 
inadequate employee protection.

Anticipated Cost and Benefits: Estimates of the costs and benefits have 
been completed and will be provided when the NPRM is published.

Risks: The preamble to the final Respiratory Protection rule (63 FR 
1270, Jan. 8, 1998) discusses the significance of the risks potentially 
associated with the use of respiratory protection. No independent 
finding of significant risk will be made for the APF rulemaking, since 
it only addresses a single provision of the larger rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/14/82                    47 FR 20803
ANPRM Comment Period End        09/13/82
NPRM                            11/15/94                    59 FR 58884
Final Rule                      01/08/98                     63 FR 1152
Final Rule Effective            04/08/98
NPRM                            05/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA05
_______________________________________________________________________

1821. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918) -- 
REOPENING OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS))

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 
FR 40142). However, in that rule, the Agency reserved provisions 
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve 
the lifting of two or more empty intermodal containers, secured 
together with twist locks, at the same time. OSHA has continued to work 
with national and international organizations to gather additional 
information on the safety of VTLs. The Agency is preparing an NPRM to 
address safety issues related to VTLs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/06/94                    59 FR 28594
NPRM Comment Period End         09/23/94
Final Rule on Longshoring/Marine07/25/97                    62 FR 40142
Public Meeting on VTLs - 1/27/
1998                            10/09/97                    62 FR 52671
Second NPRM                     06/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA56
_______________________________________________________________________

1822. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915 subpart F

Legal Deadline: None

Abstract: During the 1980s, OSHA initiated a project to update and 
consolidate the various OSHA shipyard standards that were applied in 
the shipbuilding, ship repair, and shipbreaking industries. Publication 
of a proposal addressing general working conditions in shipyards is 
part of this project. The operations addressed in this rulemaking 
relate to general working conditions such as housekeeping, 
illumination, sanitation, first aid, and lockout/tagout. About 100,000 
workers are potentially exposed to these hazards annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB50

[[Page 30587]]

_______________________________________________________________________

1823. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS 
(1910) (SLIPS, TRIPS, AND FALL PREVENTION)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655 (b)

CFR Citation: 29 CFR 1910 subparts D and I

Legal Deadline: None

Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, 
trip, and fall hazards and establishing requirements for personal fall 
protection systems. Since that time, new technologies and procedures 
have become available to protect employees from these hazards. The 
Agency has been working to update these rules to reflect current 
technology. OSHA is publishing a notice to re-open the rulemaking for 
comment on a number of issues raised in the record for the NPRM, or 
related to technological advances. OSHA is updating its regulatory 
analysis as well.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/10/90                    55 FR 13360
NPRM Comment Period End         08/22/90
Hearing                         09/11/90                    55 FR 29224
Reopening of Record             05/00/03
Comment Period End              08/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB80
_______________________________________________________________________

1824. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart Z; 29 CFR 1910.1001 to 1910.1052; 29 
CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 1910.261; 29 CFR 
1910.265; 29 CFR 1910.410; 29 CFR 1917.92; 29 CFR 1926.1101; 29 CFR 
1926.1127; 29 CFR 1926.1129; 29 CFR 1926.60; 29 CFR 1926.62

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) is 
proposing to remove or revise provisions in its health standards that 
are out of date, duplicative, unnecessary, or inconsistent. The Agency 
is proposing these changes to reduce the burden imposed on the 
regulated community by these requirements. In this document, 
substantive changes are proposed for standards that will revise or 
eliminate duplicative, inconsistent, or unnecessary regulatory 
requirements without diminishing employee protections. Phase I of this 
Standards Improvement process was completed in June 1998 (63 FR 33450). 
OSHA plans to initiate Phase III of this project at a future date to 
address problems in various safety and health standards.

Statement of Need: Some of OSHA's standards are out of date, 
duplicative, unnecessary, or inconsistent. The Agency needs to 
periodically review its standards and make needed corrections. This 
effort results in standards that are easier for employers and employees 
to follow and comply with, and thus enhances compliance and worker 
protection.

Summary of Legal Basis: The legal basis for the proposed rule is a 
preliminary finding that the OSHA standards need to be updated to bring 
them up to date, reduce inconsistency, and remove unneeded provisions.

Alternatives: OSHA has considered updating each standard as problems 
are discovered, but has determined that it is better to make such 
changes to groups of standards so it is easier for the public to 
comment on like standards. OSHA has also considered the inclusion of 
safety standards that need to be updated. However, the Agency has 
decided to pursue a separate rulemaking for safety issues because the 
standards to be updated are of interest to different stakeholders.

Anticipated Cost and Benefits: This revision of OSHA's standards is a 
deregulatory action. It will reduce employers' compliance obligations.

Risks: The project does not address specific risks, but is intended to 
improve OSHA's standards by bringing them up do date and deleting 
unneeded provisions. The anticipated changes will have no negative 
effects on worker safety and health.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/02                    67 FR 66493
NPRM Comment Period End         12/20/02
NPRM Comment Period Extended    01/08/03                     68 FR 1023
Second NPRM Comment Period End  01/30/03
Public Hearing                  07/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB81
_______________________________________________________________________

1825. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910 subpart S

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) is 
planning to revise and update its 29 CFR 1910 subpart S-Electrical 
Standards. OSHA will rely heavily on the 2000 edition of the National 
Fire Protection Association's (NFPA's) 70 E standard for Electrical 
Safety Requirements for Employee Workplaces. This revision will provide 
the first update of General Industry-Electrical Standard since it was 
originally published in 1981. OSHA intends to complete this project in 
several stages. The first stage will cover design safety standards for 
electrical

[[Page 30588]]

systems, while the second stage will cover safety-related maintenance 
and work practice requirements and safety requirements for special 
equipment. It will thus allow the latest technological developments to 
be considered. Several of these state-of-the-art safety developments 
will be addressed by OSHA for the first time.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/03
NPRM Comment Period End         07/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB95
_______________________________________________________________________

1826. CONTROLLED NEGATIVE PRESSURE FIT TESTING PROTOCOL: AMENDMENT TO 
THE FINAL RULE ON RESPIRATORY PROTECTION

Priority: Info./Admin./Other

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In January 1998, OSHA published the final Respiratory 
Protection standard (29 CFR 1910.134). In the final revised respirator 
standard, OSHA set up a mechanism for OSHA's acceptance of new fit test 
protocols under Mandatory Appendix A. Any person may submit to OSHA an 
application for approval of a new fit test protocol, and if the 
application meets certain criteria, OSHA will initiate a rulemaking 
proceeding under 6(b)(7) of the OSH Act to determine whether to list 
the new protocol as an approved fit test protocol in Appendix A. OSHA 
has been petitioned to allow the use of a modified Controlled Negative 
Pressure (CNP) fit test protocol.
Employers, employees, and safety and health professionals use fit 
testing to select respirators. Currently OSHA relies on fit testing 
methods specified in Appendix A of the final revised Respiratory 
Protection standard.
When OSHA published the final Respiratory Protection standard in 1998, 
it allowed for later rulemaking on new fit test methods. This 
rulemaking action will allow for the incorporation of new fit test 
methods into 1910.134.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/03
NPRM Comment Period End         08/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC05
_______________________________________________________________________
Department of Labor (DOL)                              Final Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

1827. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1035

Legal Deadline: None

Abstract: In 1993, the Labor Coalition to Fight TB in the Workplace 
petitioned the Occupational Safety and Health Administration (OSHA) to 
develop an occupational health standard to protect workers who care for 
or oversee patients or others with active tuberculosis (TB) against the 
transmission of TB. After reviewing the available information, OSHA 
preliminarily concluded that a significant risk of occupational 
transmission of TB exists for some workers in some work settings and 
began rulemaking on a proposed standard. Examples of workers at risk of 
contracting TB as a result of their work are health care workers, 
detention facility personnel, and homeless shelter employees. On 
October 17, 1997, OSHA published its proposed standard for occupational 
exposure to TB (62 FR 54160). The proposed standard would require 
employers to protect TB-exposed workers using infection control 
measures that have been shown to be highly effective in reducing or 
eliminating work-related TB infections. Such measures include 
procedures for the early identification of individuals with infectious 
TB, isolation of individuals with infectious TB using appropriate 
ventilation, use of respiratory protection in certain situations, and 
skin testing and training of employees.
After the close of the written comment period for the proposed 
standard, informal public hearings were held in Washington, DC, Los 
Angeles, CA, New York City, NY, and Chicago, IL. The post-hearing 
comment period closed on October 5, 1998. On June 17, 1999, OSHA 
reopened the rulemaking record for 90 days to submit the Agency's 
report on homeless shelters and certain other documents that became 
available to the Agency after the close of the post-hearing comment 
period. During this limited reopening of the rulemaking record, OSHA 
also requested interested parties to submit comments and data on the 
Agency's preliminary risk assessment in order to obtain the best, most 
recent data for providing the most accurate estimates of the 
occupational risk of tuberculosis. OSHA has now decided to withdraw the 
TB rulemaking.
At the request of Congress, the Institute of Medicine of the National 
Academy of Sciences (IOM) conducted a study of OSHA's proposal and the 
need for a TB standard. That study was completed in January 2001, and 
concluded that OSHA should move forward with a standard modeled after

[[Page 30589]]

the CDC guidelines and tailored to the extent of TB risk present in the 
community. The IOM study concluded that an OSHA standard was needed to 
maintain national TB rates among health care and other employees at 
their current levels and to prevent future outbreaks of multidrug 
resistant and other forms of TB among these workers. OSHA reopened the 
record to obtain comment on the IOM study, the draft final risk 
assessment and the peer reviewers' comment on the risk assessment. The 
Agency has decided to withdraw the proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel                    09/10/96
NPRM                            10/17/97                    62 FR 54160
NPRM Comment Period End         02/17/98                    62 FR 65388
Post Hearing Comment End        10/05/98
Record Reopening                06/17/99                    64 FR 32447
Second Reopening Comment Period 
End                             06/28/99                    64 FR 34625
Reopening Comment Period End    08/02/99
Third Reopening Comment Period  01/24/02                     67 FR 3465
Extension of Comment Period of  03/05/02                     67 FR 9934
Reopening Comment Period End    03/25/02
Comment Period End              05/24/02
To Be Withdrawn                 09/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB46
_______________________________________________________________________

1828. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(SHIPYARDS: FIRE SAFETY)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1915, subpart P

Legal Deadline: None

Abstract: The rule will update and revise an important but outdated 
part of OSHA's shipyard rules. The original rule was adopted by OSHA in 
1971 and has remained unchanged since then. A negotiated rulemaking 
committee was convened on October 15, 1996. Members of the committee 
included: OSHA, State government, Federal agency, small and large 
shipyard employers, and maritime and firefighter union representatives. 
The committee completed work in February 2002, and recommended proposal 
requirements to OSHA. The Agency has published an NPRM based on their 
recommendations.

Statement of Need: Fires in the shipyard environment may cause death 
and serious injuries in this 100,000-employee workforce. Updating 
OSHA's outdated shipyard requirements for fire extinguishers, sprinkler 
systems, detection systems, alarm systems, and fire brigades will 
facilitate compliance by employers and employees and reduce these fire-
related injuries and fatalities.

Summary of Legal Basis: The legal basis for this proposed rule is a 
preliminary determination that an unacceptable risk of fire-related 
injuries and fatalities exists in the shipyard industry.

Alternatives: OSHA has considered but rejected the alternative of 
allowing the existing rule to remain in place, because the Agency 
believes that doing so would contribute to the unacceptable number of 
fire-related accidents occurring in shipyards every year.

Anticipated Cost and Benefits: The Agency has estimated annual costs of 
the NPRM to be $4.3 million, and that there will be cost savings of 
$6.2 million, in addition to avoiding fatalities and injuries.

Risks: The Agency has estimated that compliance with the NPRM would 
avoid one fatality and 110 lost workday injuries annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/11/02                    67 FR 76213
Comment Period End              03/11/03
Final Rule                      12/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB51
_______________________________________________________________________

1829. COMMERCIAL DIVING OPERATIONS: REVISION

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.423; 29 CFR 1910.426

Legal Deadline: None

Abstract: OSHA's Commercial Diving Operations standard (29 CFR 1910.401 
to 1910.441) was published in 1977. In the intervening years, major 
changes in the technology of diving systems and equipment have 
occurred. In December 1999, OSHA granted a permanent variance to Dixie 
Divers, Inc., permitting recreational diving instructors employed by 
that company to comply with the provisions of the variance rather than 
with paragraphs (b)(2) and (c)(3)(iii) of 1910.423 and paragraph (b)(1) 
of 1910.426. Since OSHA granted the variance, other employers of 
recreational diving instructors have asked OSHA to clarify the 
applicability of the variance to their operations. OSHA published a 
notice of proposed rulemaking to amend the commercial diving operations 
standard to reflect the alternative specified in the permanent variance 
granted to Dixie Divers, Inc.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/10/03                     68 FR 1399

[[Page 30590]]

Comment Period End              04/10/03
Final Rule                      09/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB97
_______________________________________________________________________

1830. PRESENCE SENSING DEVICE INITIATION OF MECHANICAL POWER PRESSES 
(SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 651 et seq; 5 USC 610

CFR Citation: 29 CFR 1910.217(h), app A,B,C

Legal Deadline: None

Abstract: OSHA will undertake a review of the Agency's Presence Sensing 
Device Initiation of Mechanical Power Presses rule (29 CFR 1910.217) in 
accordance with the requirements of the Regulatory Flexibility Act and 
section 5 of Executive Order 12866. The review will consider among 
other things, the need for the rule, the impacts of the rule, public 
comments on the rule, the complexity of the rule, and whether the rule 
overlaps, duplicates, or conflicts with other regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/01
Request for Comments            08/28/02                    67 FR 55181
Comment Period End              01/27/03
End Review                      03/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John F. Martonik, Evaluation, Department of Labor, 
Occupational Safety and Health Administration, Room N3641, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov

RIN: 1218-AC03
_______________________________________________________________________

1831. OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING 
REQUIREMENTS

Priority: Other Significant

Legal Authority: 29 USC 553; 29 USC 657

CFR Citation: 29 CFR 1904.10; 29 CFR 1904.12; 29 CFR 1904.29(b)(7)(vi)

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
issued a final rule on Occupational Injury and Illness Recording and 
Reporting Requirements (66 FR 5916, January 19,2001), scheduled to 
become effective on January 1, 2002. Following a thorough regulatory 
review, the Agency determined that all but two provisions of the final 
rule, regarding the recording of occupational hearing (1904.10) and 
musculoskeletal disorders (MSDs) (1904.12), would take effect as 
scheduled (66 FR 35113, July 3, 2001). Following notice and comment, 
OSHA published a final rule delaying the effective dates for sections 
1904.10, 1910.12 and a note to 1904.29(b)(7)(vi) until January 1, 2003. 
The same final rule provided interim guidance on recording hearing loss 
and MSD cases during 2002 (66 FR 52031, October 12, 2001).
OSHA issued a final 1904.10 regulation setting recording criteria for 
occupational hearing loss (67 FR 44037, July 1, 2002), and 
simultaneously issued a proposal to delay the requirements for checking 
a separate hearing loss column on the 300 Log, as well as an additional 
one-year delay for the 1904.12 MSD requirements (67 FR 44124, July 1, 
2002). The final rule on hearing loss and delay of the effective date 
was published in December of 2002. OSHA is continuing to reconsider the 
300 Log column for MSDs, and for defining ``musculoskeletal disorders'' 
for recordkeeping purposes. OSHA will issue a final rule to deal with 
these injury and illness recording issues for the years 2004 and 
beyond.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/03/01                    66 FR 35113
NPRM Comment Period End         09/04/01
Final Rule                      10/12/01                    66 FR 52031
NPRM                            07/01/02                    67 FR 44124
Final Rule                      07/01/02                    67 FR 44037
NPRM Comment Period End         08/30/02
Final Rule                      12/17/02                    67 FR 77165
Final Rule                      06/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC06
_______________________________________________________________________

1832. [bull] PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER 
SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 
2002

Priority: Info./Admin./Other

Unfunded Mandates: Undetermined

Legal Authority: 18 USC 1514A

CFR Citation: 29 CFR 1980

Legal Deadline: None

Abstract: The Sarbanes Oxley Act of 2002, Public Law 107-204 was 
enacted July 30, 2002. Among other provisions, title VIII, entitled the 
Corporate and Criminal Fraud Accountability Act of 2002, provides 
protection for employees of publicly traded companies who provide 
evidence of fraud to any Federal law enforcement agency, members of 
Congress, or a person with supervisory authority over the employee. 
This rule establishes procedures and time frames for the handling of 
complaints under the Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 30591]]

Agency Contact: John Robert Spear, Director, Office of Investigative 
Assistance, Department of Labor, Occupational Safety and Health 
Administration, Rm 3603, 200 Constitution Ave., NW, Washington, DC 
20210
Phone: 202 693-2187
Fax: 202 693-1681
Email: john.spear@osha-no.osha.gov

RIN: 1218-AC10
_______________________________________________________________________
Department of Labor (DOL)                             Long-Term Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

1833. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR 
ACETATES: PROTECTING REPRODUCTIVE HEALTH

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 651; 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1000; 29 CFR 1910.1031

Legal Deadline: None

Abstract: OSHA published an advance notice of proposed rulemaking 
(ANPRM) on April 2, 1987 (52 FR 10586). OSHA used the information 
received in response to the ANPRM, as well as other information and 
analysis, and published a proposal on March 23, 1993 (58 FR 15526), 
that would reduce the permissible exposure limits for four glycol 
ethers and provide protection for approximately 46,000 workers exposed 
to these substances. OSHA re-opened the record to collect updated 
information to help determine what action should be taken.
OSHA is planning to withdraw this regulation in September 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/02/87                    52 FR 10586
ANPRM Comment Period End        07/31/87
NPRM                            03/23/93                    58 FR 15526
NPRM Comment Period End         06/07/93
Reopen Record                   08/08/02                    67 FR 51524
Comment Period End              11/06/02
To Be Withdrawn                 09/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA84
_______________________________________________________________________

1834. OCCUPATIONAL EXPOSURE TO BERYLLIUM

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency 
temporary standard by the Paper Allied-Industrial, Chemical, and Energy 
Workers Union, Public Citizen Health Research Group and others. The 
Agency denied the petitions but stated its intent to begin data 
gathering efforts to collect needed information on beryllium's 
toxicity, risks, and patterns of usage.
On November 26, 2002, OSHA published a Request for Information (RFI) 
(67 FR 70707) to solicit information pertinent to occupational exposure 
to beryllium including: current exposures to beryllium; the 
relationship between exposure to beryllium and the development of 
adverse health effects; exposure assessment and monitoring methods; 
exposure control methods; and medical surveillance. In addition, the 
Agency conducted field surveys of selected work sites to assess current 
exposures and control methods being used to reduce employee exposures 
to beryllium. OSHA will use this information to assist the Agency in 
determining an appropriate course of action regarding occupational 
exposure to beryllium. While the Agency continues to review the 
information, it appears that the SBREFA process could be initiated by 
September 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/26/02                    67 FR 70707
Initiate SBREFA Process         09/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB76
_______________________________________________________________________

1835. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

Priority: Other Significant

Legal Authority: 29 USC 655(b); 29 USC 657; 33 USC 941; 40 USC 333

CFR Citation: 29 CFR 1910.132; 29 CFR 1915.152; 29 CFR 1917.96; 29 CFR 
1918.106; 29 CFR 1926.95

Legal Deadline: None

Abstract: Generally, OSHA standards require that protective equipment 
(including personal protective equipment (PPE)) be provided and used 
when necessary to protect employees from hazards that can cause them 
injury, illness, or physical harm. In this discussion, OSHA uses the 
abbreviation ``PPE'' to cover both personal protective equipment and 
other protective equipment. The Agency continues to consider how to 
address this issue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/30/99                    64 FR 15401
NPRM Comment Period End         06/14/99
Informal Public Hearing End     08/13/99


Next Action Undetermined

[[Page 30592]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB77
_______________________________________________________________________

1836. HEARING CONSERVATION PROGRAM FOR CONSTRUCTION WORKERS

Priority: Economically Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926.52

Legal Deadline: None

Abstract: OSHA issued a section 6(b)(5) health standard mandating a 
comprehensive hearing conservation program for noise-exposed workers in 
general industry in 1983. However, no rule was promulgated to cover 
workers in the construction industry. A number of recent studies have 
shown that many construction workers experience work-related hearing 
loss. In addition, the use of engineering, administrative and personal 
protective equipment to reduce exposures to noise is not extensive in 
this industry. OSHA published an advance notice of proposed rulemaking 
to gather information on the extent of noise-induced hearing loss among 
workers in different trades in this industry, current practices to 
reduce this loss, and additional approaches and protections that could 
be used to prevent such loss in the future. The Agency is reviewing the 
comments received and other information to determine the appropriate 
course of action, but expects that an NPRM could be published in 
September 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/05/02                    67 FR 50610
Comment Period End              11/04/02
NPRM                            09/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB89
_______________________________________________________________________

1837. CRANES AND DERRICKS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: Subpart N addresses hazards associated with various types of 
hoisting equipment used at construction sites. Such equipment includes 
cranes and derricks. The existing rule, which dates back to 1971, is 
based in part on industry consensus standards from 1958, 1968, and 
1969. There have been considerable technological changes since those 
consensus standards were developed. Industry consensus standards for 
derricks and for crawler, truck and locomotive cranes were updated as 
recently as 1995.
A cross-section of the industry has asked OSHA to update subpart N. 
OSHA has determined that the existing rule needs to be revised.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice Establishing Negotiated  07/16/02                    67 FR 46612
Comment Period End              09/16/02
Request for Comments            02/27/03                     68 FR 9036
Request for Comment Period End  03/31/03                     68 FR 9036
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.gov

RIN: 1218-AC01
_______________________________________________________________________

1838. EXCAVATIONS (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 651 et seq; 5 USC 610

CFR Citation: 29 CFR 1926.650 to 1926.652

Legal Deadline: None

Abstract: OSHA will undertake a review of the Agency's trenching and 
excavations standard (29 CFR 1926.650 to 1926.652) in accordance with 
the requirements of the Regulatory Flexibility Act and section 5 of 
Executive Order 12866. The review will consider the continued need for 
the rule, the impacts of the rule, public comments on the rule, the 
complexity of the rule, and whether the rule overlaps, duplicates, or 
conflicts with other regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/01
Request for Comments            08/21/02                    67 FR 54103
Comment Period End              11/19/03
End Review                      09/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: John F. Martonik, Evaluation, Department of Labor, 
Occupational Safety and Health Administration, Room N3641, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov

RIN: 1218-AC02
_______________________________________________________________________

1839. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARD

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 29 USC 655(b)

[[Page 30593]]

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 
CFR 1926

Legal Deadline: None

Abstract: Under section 6(a) of the OSH Act, during the first two years 
of the Act, the Agency was directed to adopt national consensus 
standards as OSHA standards. Some of these standards were adopted as 
regulatory text, while others were incorporated by reference. In the 
thirty years since these standards were adopted by OSHA, the 
organizations responsible for these consensus standards have issued 
updated versions of these standards. However, in most cases, OSHA has 
not revised its regulations to reflect later editions of the consensus 
standards. OSHA standards also continue to incorporate by reference 
various consensus standards that are now outdated and, in some cases, 
out of print.
The Agency is now considering the possibility of initiating rulemaking 
to update some of these standards. In that regard, OSHA has asked 
various consensus standards organizations to review their standards, 
compare the latest versions of these standards to the ones currently 
adopted by OSHA, and determine which ones are most important for OSHA 
to update. Additionally, OSHA has asked them to consider whether the 
changes to these standards would be noncontroversial, and if the new 
versions would reduce risk. The organizations were enthusiastic about 
the possibility of updating references to their standards, and they 
have provided considerable information on priorities and other related 
issues. OSHA is in the process of evaluating the information it has 
received in order to determine the best way to proceed. It is possible 
that a direct final rule may be appropriate to address some of these 
standards, and others may be more appropriately addressed by an NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC08
_______________________________________________________________________

1840. EXPLOSIVES

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is considering amending 29 CFR 1910.109 that addresses 
explosives and blasting agents. These OSHA regulations were published 
in 1974, and many of the provisions do not reflect technological and 
safety advances made by the industry since that time. Additionally, the 
standard contains outdated references and classifications. Two trade 
associations representing many of the employers subject to this rule 
have petitioned the Agency to consider revising it, and have 
recommended changes they believe address the concerns they are raising. 
OSHA is in the process of reviewing the petition and related 
information about the issue, and will determine the appropriate course 
of action regarding this standard when the review is completed. OSHA 
expects to publish an NPRM by July 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC09
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

1841. GRAIN HANDLING FACILITIES (COMPLETION OF A SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1910.272

Legal Deadline: None

Abstract: OSHA is undertaking a review of its grain handling standard 
(29 CFR 1910.272) in accordance with the requirements of section 610 of 
the Regulatory Flexibility Act and section 5 of EO 12866. 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 degree to which technology, economic 
conditions, or other factors have changed in the industries affected by 
the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      03/14/03                    68 FR 12301
End Review Effective            03/14/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John F. Martonik, Evaluation, Department of Labor, 
Occupational Safety and Health Administration, Room N3641, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641
Email: john.martonik@osha.gov

RIN: 1218-AB73

[[Page 30594]]

_______________________________________________________________________

1842. UPDATE AND REVISION OF THE EXIT ROUTES STANDARD

Priority: Other Significant

Legal Authority: 29 USC 655(b); 5 USC 353

CFR Citation: 29 CFR 1910.35; 29 CFR 1910.36; 29 CFR 1910.37; 29 CFR 
1910.38

Legal Deadline: None

Abstract: Many Occupational Safety and Health Administration (OSHA) 
standards were adopted under section 6(a) of the Occupational Safety 
and Health Act (OSH Act; 29 U.S.C. 655(a)). This section of the OSH Act 
authorized the Agency, in its first 2 years of existence, to adopt 
national consensus standards without prior notice and comment. The 
versions of the consensus standards OSHA adopted are now typically well 
over 30 years old and have been superseded by newer ones. In addition, 
many of these old standards were written in technical jargon and were 
hard for many employers and employees to understand.
To address these problems, OSHA has revised exit routes (also known as 
means of egress) standard. The revisions rewrite the standard in 
simple, easy-to-understand language that will be easier for employers 
and employees to follow.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/10/96                    61 FR 47712
Public Hearing                  04/29/97                     62 FR 9402
Final Rule                      11/07/02                    67 FR 67949
Final Action Effective          12/09/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB82
_______________________________________________________________________

1843. PROCEDURES FOR HANDLING OF DISCRIMINATION COMPLAINTS UNDER THE 
AVIATION INVESTMENT AND REFORM ACT

Priority: Substantive, Nonsignificant

Legal Authority: 49 USC 42121; PL 106-181, Wendell H. Ford Aviation 
Investment and Reform Act, sec 519

CFR Citation: 29 CFR 1979

Legal Deadline: None

Abstract: On March 8, 2000, Congress enacted the Wendell H. Ford 
Aviation Investment and Reform Act for the 21st Century, commonly known 
as the Air Act. Section 519 of the Act (49 USC 42121) prohibits air 
carriers or air carrier contractors or subcontractors from discharging 
or otherwise discriminating against employees for exercising specified 
rights under the Act. The Act further provides that the Secretary of 
Labor investigate employee claims of discrimination and ultimately 
issue a determination and order after an opportunity for either party 
to request a hearing on the record. Procedural rules are needed for 
filing, investigating, litigating, and adjudicating complaints filed 
pursuant to the Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/01/02                    67 FR 15453
Interim Final Rule Effective    04/01/02
Interim Final Rule Comment 
Period                          05/31/02
Comment Period Extended         06/07/02                    67 FR 40597
Comment Period End              06/30/02
Final Rule                      03/21/03                    68 FR 14100
Final Action Effective          03/21/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Robert Spear, Director, Office of Investigative 
Assistance, Department of Labor, Occupational Safety and Health 
Administration, Rm 3603, 200 Constitution Ave., NW, Washington, DC 
20210
Phone: 202 693-2187
Fax: 202 693-1681
Email: john.spear@osha-no.osha.gov

RIN: 1218-AB99

_______________________________________________________________________
Department of Labor (DOL)                           Proposed Rule Stage
Office of the Assistant Secretary for Veterans' Employment & Training 
(ASVET)
_______________________________________________________________________

1844. [bull] UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT 
REGULATIONS

Priority: Other Significant

Legal Authority: 38 USC 4331(a)

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Uniformed Services Employment and Reemployment Rights Act 
(USERRA, 38 U.S.C. 4301-4333) is administered by the Secretary of 
Labor. The statute provides reemployment rights for eligible persons 
following performance of military service and prohibits employer 
discrimination on the basis of a person's military service and 
obligations. USERRA provides that the Secretary of Labor, in 
consultation with the Secretary of Defense, may prescribe regulations 
implementing USERRA's provisions with regard to its application to 
States, local governments, and private employers. 38 U.S.C. 4331. The 
proposed regulations would provide Department of Labor guidance on a 
wide variety of topics, including reemployment positions, 
discrimination, benefits, pensions, and enforcement. The issuance of 
such guidance would help the Secretary of Labor perform her statutory 
obligation to inform protected persons and employers of their rights 
and responsibilities under USERRA. 38 U.S.C. 4333.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Local

Agency Contact: Norman Lance, Chief, Investigation and Compliance 
Division, Department of Labor, Office of the Assistant Secretary for 
Veterans' Employment & Training, 200 Constitution Avenue, NW, Room S-
1316, Washington, DC 20210

[[Page 30595]]

Phone: 202 693-4721
Fax: 202 693-4755
Email: lance-norman@dol.gov

RIN: 1293-AA09
_______________________________________________________________________

1845. [bull] JOBS FOR VETERANS ACT OF 2002

Priority: Other Significant

Legal Authority: PL 107-288

CFR Citation: 41 CFR 61-250

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 (JFVA) 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. JFVA 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. JFVA 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 three-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 
each of the nine categories and for each hiring location. This proposal 
will assist VETS in meeting the statutory requirement of annually 
collecting the VETS-100 Report.
PL 107-288 also requires VETS to establish in regulations a uniform 
national threshold entered employment rate for veterans receiving 
service through the public labor exchange. States will be gauged 
against a national entered employment rate threshold measured 
considering the state's unemployment rate and the states economic 
condition. This proposed rule will assist in determining performance 
deficiencies.
In addition, the JFCA among other things requires the Department to 
establish and phase-in a new funding formula for Disabled Veterans 
Outreach Program (DVOP) and Local Veterans Employment Representatives 
(LVER) grants to states over a three-year period beginning October 1, 
2002. This new formula is based on the number of veterans seeking 
employment in the civilian labor market, unemployment data as well as 
other criteria the Secretary may establish.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM: Federal Contract Threshold08/00/03
NPRM: State Grant Funding 
Formula                         09/00/03
NPRM: Unified National Threshold09/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Norman Lance, Chief, Investigation and Compliance 
Division, Department of Labor, Office of the Assistant Secretary for 
Veterans' Employment & Training, 200 Constitution Avenue, NW, Room S-
1316, Washington, DC 20210
Phone: 202 693-4721
Fax: 202 693-4755
Email: lance-norman@dol.gov

Ronald Drach, Team Leader, Department of Labor, Office of the Assistant 
Secretary for Veterans' Employment & Training, 200 Constitution Avenue, 
NW, Room S1325, FP Building, Washington, DC 20210
Phone: 202 693-4749

RIN: 1293-AA10
_______________________________________________________________________
Department of Labor (DOL)                             Completed Actions
Office of the Assistant Secretary for Veterans' Employment & Training 
(ASVET)
_______________________________________________________________________

1846. ANNUAL REPORT FROM FEDERAL CONTRACTORS

Priority: Other Significant

Legal Authority: PL 105-339 Veterans Employment Opportunities Act of 
1998

CFR Citation: 41 CFR 61-250

Legal Deadline: None

Abstract: The Veterans' Employment and Training Service (VETS) issued a 
final rule implementing changes required by the Veterans' Employment 
Opportunities Act of 1998. The Act requires nonexempt Federal 
contractors and subcontractors with a contract in the amount of $25,000 
or more to report their efforts toward hiring and employment of 
qualified veterans. The Act adds an additional category of veterans, 
``other veterans who have served on active duty during a war or in a 
campaign or expedition for which a campaign badge has been 
authorized,'' to the list of protected veterans under the Vietnam Era 
Veterans' Readjustment Assistance Act, as amended (VEVRAA). The Act 
also adds the requirement that covered contractors and subcontractors 
report their minimum and maximum number of employees. This rule will 
assist VETS in meeting the statutory requirement of annually collecting 
the VETS-100 Report. After publication VETS learned that the final rule 
may inadvertently increase the recordkeeping burden on some 
contractors. Accordingly, an interim final rule was published 
permitting contractors flexibility in how they determine the maximum 
and minimum number of employees reported. A notice has been published 
to request comments on best practices to determine how to calculate the 
minimum and maximum number of employees reported. A notice of guidance 
was published on 2/14/03 providing the methodologies for calculating 
the maximum and minimum number of employees for the Federal Contractor 
Veterans' Employment Report VETS-100.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/05/00                    65 FR 59683
NPRM Comment Period End         12/06/00
Final Rule                      10/11/01                    66 FR 51997
Final Rule Effective            11/13/01
Interim Final Rule              12/19/01                    66 FR 65452
Notice                          03/08/02                    67 FR 10804
Notice Comment Period End       04/08/02

[[Page 30596]]

Notice of Guidance              02/14/03                     68 FR 7617
Notice of Guidance Effective 
Date                            02/14/03                     68 FR 7617

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Norm Lance, Chief, Investigations and Compliance, VETS, 
Department of Labor, Office of the Assistant Secretary for Veterans' 
Employment & Training, S-1316, 200 Constitution Avenue, NW, Washington, 
DC 20210
Phone: 202 693-4731
Fax: 202 693-4755

RIN: 1293-AA07
_______________________________________________________________________

1847. ANNUAL REPORT FOR FEDERAL CONTRACTORS (2002 REVISIONS)

Priority: Other Significant

Legal Authority: PL 106-419 Veterans Benefits and Health Care 
Improvement Act of 2000

CFR Citation: 41 CFR 61-250

Legal Deadline: None

Abstract: The proposed action is being withdrawn and will be addressed 
in the notice of proposed rulemaking for implementation of P.L. 107-
228.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/10/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Norm Lance, Chief, Investigations and Compliance, VETS, 
Department of Labor, Office of the Assistant Secretary for Veterans' 
Employment & Training, S-1316, 200 Constitution Avenue, NW, Washington, 
DC 20210
Phone: 202 693-4731
Fax: 202 693-4755

RIN: 1293-AA08
[FR Doc. 03-9006 Filed 05-23-03; 8:45 am]
BILLING CODE 4510-23-S