Monday, 

December 20, 2010 

Part XII 

Department of Labor 

Semiannual Regulatory Agenda 


jlentini on DSKJ8SOYB1PROD with PROPOSALS15
79804 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

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: The Internet has become the 

means for disseminating the entirety of 

the Department of Labor’s semiannual 

regulatory agenda. However, the 

Regulatory Flexibility Act requires 

publication of a regulatory flexibility 

agenda in the Federal Register. This 

Federal Register Notice contains the 

regulatory flexibility agenda. In 

addition, the Department’s Regulatory 

Plan, a subset of the Department’s 

regulatory agenda, is being published in 

the Federal Register. The Regulatory 

Plan contains a statement of the 

Department’s regulatory priorities and 

the regulatory actions the Department 

wants to highlight as its most important 

and significant. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Franks, Director, Office of 

Regulatory Policy, Office of the 

Assistant Secretary for Policy, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Room S-2312, 

Washington, DC 20210; (202) 693-5959. 

NOTE: Information pertaining to a specific 

regulation can be obtained from the agency 

contact listed for that particular regulation. 

SUPPLEMENTARY INFORMATION: Executive 

Order 12866 requires the semiannual 

publication of an agenda of regulations 

that contains a listing of all the 

regulations the Department of Labor 

expects to have under active 

consideration for promulgation, 

proposal, or review during the coming 

one-year period. The entirety of the 

Department’s semiannual agenda is 

available online at www.reginfo.gov. 

The Regulatory Flexibility Act (5 

U.S.C. 602) requires DOL to publish in 

the Federal Register a regulatory 

flexibility agenda. The Department’s 

Regulatory Flexibility Agenda published 

with this notice, includes only those 

rules on its semiannual agenda that are 

likely to have a significant economic 

impact on a substantial number of small 

entities; and those rules identified for 

periodic review in keeping with the 

requirements of section 610 of the 

Regulatory Flexibility Act. Thus, the 

regulatory flexibility agenda is a subset 

of the Department’s semiannual 

regulatory agenda. At this time, there is 

only one item, listed below, on the 

Department’s Regulatory Flexibility 

Agenda. 

Occupational Safety and Health 

Administration 

Bloodborne Pathogens (RIN 1218- 

AC34) 

In addition, the Department’s 

Regulatory Plan, also a subset of the 

Department’s regulatory agenda, is being 

published in the Federal Register. The 

Regulatory Plan contains a statement of 

the Department’s regulatory priorities 

and the regulatory actions the 

Department wants to highlight as its 

most important and significant. 

All interested members of the public 

are invited and encouraged to let 

departmental officials know how our 

regulatory efforts can be improved, and 

are invited to participate in and 

comment on the review or development 

of the regulations listed on the 

Department’s agenda. 

Hilda L. Solis, 

Secretary of Labor. 

Office of Labor-Management Standards—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

395 Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA (Reg Plan Seq 

No. 95) ......................................................................................................................................................................... 1245–AA03 

396 Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report .............................................. 1245–AA05 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

Office of Labor-Management Standards—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

397 Notification of Employee Rights Under Federal Labor Laws ........................................................................................ 1245–AA00 

398 Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public Sector Intermediate 

Unions .......................................................................................................................................................................... 1245–AA02 

Employee Benefits Security Administration—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

399 Improved Fee Disclosure for Pension Plan Participants .............................................................................................. 1210–AB07 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79805 

DOL 

Occupational Safety and Health Administration—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

400 Occupational Exposure to Beryllium ............................................................................................................................. 1218–AB76 

401 Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes ......................................... 1218–AC33 

402 Bloodborne Pathogens (Section 610 Review) ............................................................................................................ 1218–AC34 

Occupational Safety and Health Administration—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

403 Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 110) ........................................................................ 1218–AB70 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

Occupational Safety and Health Administration—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

404 Confined Spaces in Construction .................................................................................................................................. 1218–AB47 

405 Electric Power Transmission and Distribution; Electrical Protective Equipment .......................................................... 1218–AB67 

Occupational Safety and Health Administration—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

406 Cranes and Derricks in Construction ............................................................................................................................ 1218–AC01 

407 Methylene Chloride (Completion of a Section 610 Review) ..................................................................................... 1218–AC23 

Department of Labor (DOL) Proposed Rule Stage 

Office of Labor—Management Standards (OLMS) 

395. PERSUADER AGREEMENTS: 

EMPLOYER AND LABOR RELATIONS 

CONSULTANT REPORTING UNDER 

THE LMRDA 

Regulatory Plan: This entry is Seq. No. 

95 in part II of this issue of the Federal 

Register. 

RIN: 1245–AA03 

396. ∑ PERSUADER AGREEMENTS: 

CONSULTANT FORM LM–21 

RECEIPTS AND DISBURSEMENTS 

REPORT 

Legal Authority: 29 USC 433 and 438 

Abstract: The Department intends to 

publish a notice and comment 

rulemaking seeking consideration of the 

Form LM-21, Receipts and 

Disbursements Report, which is 

required pursuant to section 203(b) of 

the Labor-Management Reporting and 

Disclosure Act (LMRDA). The 

rulemaking will propose mandatory 

electronic filing for Form LM-21 filers, 

and it will review the layout of the 

Form LM-21 and its instructions, 

including the detail required to be 

reported. 

Timetable: 

Action Date FR Cite 

NPRM 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Andrew R. Davis, 

Chief, Division of Interpretations and 

Standards, Office of Labor–Management 

Standards, Department of Labor, Office 

of Labor–Management Standards, Room 

N–5609, FP Building, 200 Constitution 

Avenue NW., Washington, DC 20210 

Phone: 202 693–1254 

Fax: 202 693–1340 

Email: davis.andrew@dol.gov 

RIN: 1245–AA05 


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79806 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

Department of Labor (DOL) Completed Actions 

Office of Labor—Management Standards (OLMS) 

397. NOTIFICATION OF EMPLOYEE 

RIGHTS UNDER FEDERAL LABOR 

LAWS 

Legal Authority: EO 13496 

Abstract: Pursuant to Executive Order 

13496 of January 30, 2009, the 

Department of Labor proposes to 

prescribe the size, form, and content of 

the notice to be posted by a contractor 

under paragraph 1 of the contract 

clause described in section 2 of the 

order. Such notice shall describe the 

rights of employees under Federal labor 

laws, consistent with the policy set 

forth in section 1 of the order. 

Timetable: 

Action Date FR Cite 

NPRM 08/03/09 74 FR 38488 

NPRM Comment 

Period End 

09/02/09 

Final Action 05/20/10 75 FR 28368 

Final Action Effective 06/21/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Andrew R. Davis, 

Chief, Division of Interpretations and 

Standards, Office of Labor–Management 

Standards, Department of Labor, Office 

of Labor–Management Standards, Room 

N–5609, FP Building, 200 Constitution 

Avenue NW., Washington, DC 20210 

Phone: 202 693–1254 

Fax: 202 693–1340 

Email: davis.andrew@dol.gov 

RIN: 1245–AA00 

398. FORM T–1: REPORTS BY LABOR 

ORGANIZATIONS ON RELATED 

ORGANIZATIONS; REPORTING BY 

PUBLIC SECTOR INTERMEDIATE 

UNIONS 

Legal Authority: 29 USC 438 

Abstract: On October 2, 2008, the 

Department published a final rule 

establishing a Form T-1, Trust Annual 

Report, which certain labor 

organizations must file to disclose 

financial information regarding trusts in 

which they are interested pursuant to 

the Labor-Management Reporting and 

Disclosure Act (LMRDA). This 

rulemaking would propose to rescind 

the Form T-1. It would instead propose 

that filers of Form LM-2, Labor 

Organization Annual Report, report on 

their wholly owned, wholly controlled 

and wholly financed organizations 

(‘‘subsidiary organizations’’) on their 

Form LM-2 report. Additionally, the 

rulemaking would propose to change 

an interpretation of the LMRDA 

regarding intermediate bodies. The 

proposed revised interpretation would 

state that intermediate bodies are 

covered only if they are themselves 

composed, in whole or part, of private 

sector affiliates. 

Timetable: 

Action Date FR Cite 

NPRM 02/02/10 75 FR 5456 

NPRM Comment 

Period End 

04/05/10 

Final Action 12/01/10 75 FR 74936 

Final Action Effective 01/03/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Andrew R. Davis, 

Chief, Division of Interpretations and 

Standards, Office of Labor–Management 

Standards, Department of Labor, Office 

of Labor–Management Standards, Room 

N–5609, FP Building, 200 Constitution 

Avenue NW., Washington, DC 20210 

Phone: 202 693–1254 

Fax: 202 693–1340 

Email: davis.andrew@dol.gov 

RIN: 1245–AA02 

Department of Labor (DOL) Completed Actions 

Employee Benefits Security Administration (EBSA) 

399. IMPROVED FEE DISCLOSURE 

FOR PENSION PLAN PARTICIPANTS 

Legal Authority: 29 USC 1104; 29 USC 

1135 

Abstract: This rulemaking will ensure 

that the participants and beneficiaries 

in participant-directed individual 

account plans are provided the 

information they need, including 

information about fees and expenses, to 

make informed investment decisions. 

The rulemaking may include 

amendments to the regulation 

governing ERISA section 404(c) plans 

(29 CFR 2550.404c-1). The rulemaking 

is needed to clarify and improve the 

information currently required to be 

furnished to participants and 

beneficiaries. 

Timetable: 

Action Date FR Cite 

Request for 

Information 

04/25/07 72 FR 20457 

Comment Period End 07/24/07 

NPRM 07/23/08 73 FR 43014 

NPRM Comment 

Period End 

09/08/08 

Final Action 10/20/10 75 FR 64910 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Michael Del Conte, 

Pension Law Specialist, Department of 

Labor, Employee Benefits Security 

Administration, 200 Constitution 

Avenue NW., Room N–5655, 

Washington, DC 20210 

Phone: 202 693–8500 

Fax: 202 219–7291 

RIN: 1210–AB07 

Department of Labor (DOL) Prerule Stage 

Occupational Safety and Health Administration (OSHA) 

400. OCCUPATIONAL EXPOSURE TO 

BERYLLIUM 

Legal Authority: 29 USC 655(b); 29 

USC 657 

Abstract: In 1999 and 2001, OSHA was 

petitioned to issue an emergency 

temporary standard by the United Steel 

Workers (formerly the Paper AlliedIndustrial, Chemical, and Energy 

Workers Union), Public Citizen Health 

Research Group, and others. The 

Agency denied the petitions but stated 

its intent to begin data gathering to 

collect needed information on 

beryllium’s toxicity, risks, and patterns 

of usage. 

On November 26, 2002, OSHA 

published a Request for Information 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79807 

DOL—OSHA Prerule Stage 

(RFI) (67 FR 70707) to solicit 

information pertinent to occupational 

exposure to beryllium including: 

current exposures to beryllium; the 

relationship between exposure to 

beryllium and the development of 

adverse health effects; exposure 

assessment and monitoring methods; 

exposure control methods; and medical 

surveillance. In addition, the Agency 

conducted field surveys of selected 

work sites to assess current exposures 

and control methods being used to 

reduce employee exposures to 

beryllium. OSHA convened a Small 

Business Advocacy Review Panel under 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

and completed the SBREFA Report in 

January 2008. OSHA is currently 

conducting a scientific peer review of 

its draft risk assessment, which is 

scheduled to be completed in 

November 2010. Additionally, an 

economic peer review is scheduled to 

be completed in May 2011. 

Timetable: 

Action Date FR Cite 

Request for 

Information 

11/26/02 67 FR 70707 

SBREFA Report 

Completed 

01/23/08 

Initiated Peer Review 

of Health Effects 

and Risk 

Assessment 

03/22/10 

Complete Peer 

Review 

11/19/10 

Complete Economic 

Peer Review 

05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., FP Building, Room 

N–3718, Washington, DC 20210 

Phone: 202 693–1950 

Fax: 202 693–1678 

Email: dougherty.dorothy@dol.gov 

RIN: 1218–AB76 

401. OCCUPATIONAL EXPOSURE TO 

FOOD FLAVORINGS CONTAINING 

DIACETYL AND DIACETYL 

SUBSTITUTES 

Legal Authority: 29 USC 655(b); 29 

USC 657 

Abstract: On July 26, 2006, the United 

Food and Commercial Workers 

International Union (UFCW) and the 

International Brotherhood of Teamsters 

(IBT) petitioned DOL for an Emergency 

Temporary Standard (ETS) for all 

employees exposed to diacetyl, a major 

component in artificial butter flavoring. 

Diacetyl and a number of other volatile 

organic compounds are used to 

manufacture artificial butter food 

flavorings. These food flavorings are 

used by various food manufacturers in 

a multitude of food products including 

microwave popcorn, certain bakery 

goods, and some snack foods. OSHA 

denied the petition on September 25, 

2007, but has initiated 6(b) rulemaking. 

Evidence from NIOSH and other 

sources indicated that employee 

exposure to diacetyl and food 

flavorings containing diacetyl is 

associated with bronchiolitis obliterans, 

a debilitating and potentially fatal 

disease of the small airways in the 

lung. Severe obstructive airway disease 

has been observed in the microwave 

popcorn industry and in food flavoring 

manufacturing plants. Experimental 

evidence has shown that inhalation 

exposure to artificial butter flavoring 

vapors and diacetyl damaged tissue 

lining the nose and airways of rats and 

mice. OSHA published an Advanced 

Notice of Proposed Rulemaking 

(ANPRM) on January 21, 2009, but 

withdrew the ANPRM on March 17, 

2009, in order to facilitate timely 

development of a standard. The Agency 

subsequently initiated review of the 

draft proposed standard in accordance 

with the Small Business Regulatory 

Enforcement Fairness Act (SBREFA). 

The SBREFA Panel Report was 

completed on July 2, 2009. 

The occurrence of severe lung disease 

among workers in workplaces where 

diacetyl is manufactured and used has 

led some manufacturers to reduce or 

eliminate the amount of diacetyl in 

some kinds of flavorings, foods, and 

beverages. They have begun to use 

substitutes such as 2,3-pentanedione. 

These substitutes, some of which are 

structurally similar to diacetyl, have 

not been well-studied and there is 

growing concern that they also pose 

health risks for workers. Research on 

2,3-pentanedione conducted by NIOSH 

and NIEHS suggests that, in rats, 2,3- 

pentanedione causes airway damage 

similar to that produced by diacetyl. 

NIOSH is currently developing a 

criteria document on occupational 

exposure to diacetyl. The criteria 

document will also address exposure to 

2,3-pentanedione. It will include an 

assessment of the effects of exposure 

as well as quantitative risk assessment. 

OSHA intends to rely on these portions 

of the criteria document for the health 

effects analysis and quantitative risk 

assessment for the Agency’s diacetyl 

rulemaking. NIOSH will initiate public 

peer review of the criteria document in 

April, 2011. 

Timetable: 

Action Date FR Cite 

Stakeholder Meeting 10/17/07 72 FR 54619 

ANPRM 01/21/09 74 FR 3937 

ANPRM Withdrawn 03/17/09 74 FR 11329 

ANPRM Comment 

Period End 

04/21/09 

Completed SBREFA 

Report 

07/02/09 

Initiate Peer Review of 

Health Effects and 

Risk Assessment 

04/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., FP Building, Room 

N–3718, Washington, DC 20210 

Phone: 202 693–1950 

Fax: 202 693–1678 

Email: dougherty.dorothy@dol.gov 

RIN: 1218–AC33 

402. BLOODBORNE PATHOGENS 

(SECTION 610 REVIEW) 

Legal Authority: 5 USC 533; 5 USC 

610; 29 USC 655(b) 

Abstract: OSHA will undertake a 

review of the Bloodborne Pathogen 

Standard (29 CFR 1910.1030) in 

accordance with the requirements of 

the Regulatory Flexibility Act and 

section 5 of Executive Order 12866. 

The review will consider the continued 

need for the rule; whether the rule 

overlaps, duplicates, or conflicts with 

other Federal, State or local regulations; 

and the degree to which technology, 

economic conditions, or other factors 

may have changed since the rule was 

evaluated. 

Timetable: 

Action Date FR Cite 

Begin Review 10/22/09 


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79808 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

DOL—OSHA Prerule Stage 

Action Date FR Cite 

Request for 

Comments 

Published 

05/14/10 75 FR 27237 

Comment Period End 08/12/10 

Analyze Comments 05/00/11 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: John Smith, 

Directorate of Evaluation and Analysis, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW., FP Building, 

Room N–3641, Washington, DC 20210 

Phone: 202 693–2400 

Fax: 202 693–1641 

Email: smith.john@dol.gov 

RIN: 1218–AC34 

Department of Labor (DOL) Proposed Rule Stage 

Occupational Safety and Health Administration (OSHA) 

403. OCCUPATIONAL EXPOSURE TO 

CRYSTALLINE SILICA 

Regulatory Plan: This entry is Seq. No. 

110 in part II of this issue of the 

Federal Register. 

RIN: 1218–AB70 

Department of Labor (DOL) Final Rule Stage 

Occupational Safety and Health Administration (OSHA) 

404. CONFINED SPACES IN 

CONSTRUCTION 

Legal Authority: 29 USC 655(b); 40 

USC 333 

Abstract: In January 1993, OSHA 

issued a general industry rule to protect 

employees who enter confined spaces 

(29 CFR 1910.146). This standard does 

not apply to the construction industry 

because of differences in the nature of 

the worksite in the construction 

industry. In discussions with the 

United Steel Workers of America on a 

settlement agreement for the general 

industry standard, OSHA agreed to 

issue a proposed rule to extend 

confined-space protection to 

construction workers appropriate to 

their work environment. 

Timetable: 

Action Date FR Cite 

SBREFA Panel Report 11/24/03 

NPRM 11/28/07 72 FR 67351 

NPRM Comment 

Period End 

01/28/08 

NPRM Comment 

Period Extended 

02/28/08 73 FR 3893 

Public Hearing 07/22/08 

Close Record 10/23/08 

Final Action 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ben Bare, Acting 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW., FP Building, 

Room N–3468, Washington, DC 20210 

Phone: 202 693–2020 

Fax: 202 693–1689 

RIN: 1218–AB47 

405. ELECTRIC POWER 

TRANSMISSION AND DISTRIBUTION; 

ELECTRICAL PROTECTIVE 

EQUIPMENT 

Legal Authority: 29 USC 655(b); 40 

USC 333 

Abstract: Electrical hazards are a major 

cause of occupational death in the 

United States. The annual fatality rate 

for power line workers is about 50 

deaths per 100,000 employees. The 

construction industry standard 

addressing the safety of these workers 

during the construction of electric 

power transmission and distribution 

lines is over 35 years old. OSHA has 

developed a revision of this standard 

that will prevent many of these 

fatalities, add flexibility to the 

standard, and update and streamline 

the standard. OSHA also intends to 

amend the corresponding standard for 

general industry so that requirements 

for work performed during the 

maintenance of electric power 

transmission and distribution 

installations are the same as those for 

similar work in construction. In 

addition, OSHA will be revising a few 

miscellaneous general industry 

requirements primarily affecting 

electric transmission and distribution 

work, including provisions on electrical 

protective equipment and foot 

protection. This rulemaking also 

addresses fall protection in aerial lifts 

for work on power generation, 

transmission, and distribution 

installations. OSHA published an 

NPRM on June 15, 2005. A public 

hearing was held from March 6 through 

March 14 in 2006. OSHA reopened the 

record to gather additional information 

on minimum approach distances for 

specific ranges of voltages. The record 

was reopened a second time to allow 

more time for comment and to gather 

information on minimum approach 

distances for all voltages and on the 

newly revised Institute of Electrical and 

Electronics Engineers consensus 

standard. Additionally, a public hearing 

was held on October 28, 2009. The 

posthearing comment period ended in 

February 2010. OSHA anticipates 

publishing a final rule in May 2011. 

Timetable: 

Action Date FR Cite 

SBREFA Report 06/30/03 

NPRM 06/15/05 70 FR 34821 

NPRM Comment 

Period End 

10/13/05 

Comment Period 

Extended to 

01/11/2006 

10/12/05 70 FR 59290 

Public Hearing To Be 

Held 03/06/2006 

10/12/05 70 FR 59290 

Posthearing Comment 

Period End 

07/14/06 

Reopen Record 10/22/08 73 FR 62942 

Comment Period End 11/21/08 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79809 

DOL—OSHA Final Rule Stage 

Action Date FR Cite 

Close Record 11/21/08 

Second Reopening 

Record 

09/14/09 74 FR 46958 

Comment Period End 10/15/09 

Public Hearings 10/28/09 

Action Date FR Cite 

Posthearing Comment 

Period End 

02/10/10 

Final Rule 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., FP Building, Room 

N–3718, Washington, DC 20210 

Phone: 202 693–1950 

Fax: 202 693–1678 

Email: dougherty.dorothy@dol.gov 

RIN: 1218–AB67 

Department of Labor (DOL) Completed Actions 

Occupational Safety and Health Administration (OSHA) 

406. CRANES AND DERRICKS IN 

CONSTRUCTION 

Legal Authority: 29 USC 651(b); 29 

USC 655(b); 40 USC 333 

Abstract: A number of industry 

stakeholders asked OSHA to update the 

cranes and derricks portion of subpart 

N (29 CFR 1926.550), specifically 

requesting that negotiated rulemaking 

be used. 

In 2002, OSHA published a notice of 

intent to establish a negotiated 

rulemaking committee. A year later, in 

2003, committee members were 

announced and the Cranes and Derricks 

Negotiated Rulemaking Committee was 

established and held its first meeting. 

In July 2004, the committee reached 

consensus on all issues resulting in a 

final consensus document. 

A Notice of Proposed Rulemaking 

(NPRM) was published on October 9, 

2008. The comment period for the 

NPRM was extended and closed 

January 22, 2009. A public hearing was 

held on March 20, 2009. The final rule 

was posted and made public on July 

28, 2010, and published in the Federal 

Register on August 9, 2010. 

Timetable: 

Action Date FR Cite 

Notice of Intent To 

Establish 

Negotiated 

Rulemaking 

07/16/02 67 FR 46612 

Comment Period End 09/16/02 

Request for 

Comments on 

Proposed 

Committee 

Members 

02/27/03 68 FR 9036 

Action Date FR Cite 

Request for 

Comments Period 

End 

03/31/03 68 FR 9036 

Established 

Negotiated 

Rulemaking 

Committee 

06/12/03 68 FR 35172 

Rulemaking 

Negotiations 

Completed 

07/30/04 

SBREFA Report 10/17/06 

NPRM 10/09/08 73 FR 59714 

NPRM Comment 

Period Extended 

12/02/08 73 FR 73197 

NPRM Comment 

Period End 

01/22/09 

Public Hearing 03/20/09 

Close Record 06/18/09 

Final Rule 08/09/10 75 FR 47906 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ben Bare, Acting 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW., FP Building, 

Room N–3468, Washington, DC 20210 

Phone: 202 693–2020 

Fax: 202 693–1689 

RIN: 1218–AC01 

407. METHYLENE CHLORIDE 

(COMPLETION OF A SECTION 610 

REVIEW) 

Legal Authority: 5 USC 553; 5 USC 

610; 29 USC 655(b) 

Abstract: OSHA undertook a review of 

the Methylene Chloride Standard (29 

CFR 1910.1052) in accordance with the 

requirements of the Regulatory 

Flexibility Act and section 5 of 

Executive Order 12866. The review 

considered the continued need for the 

rule; whether the rule overlaps, 

duplicates, or conflicts with other 

Federal, State, or local regulations; and 

the degree to which technology, 

economic conditions, or other factors 

may have changed since the rule was 

evaluated. 

Timetable: 

Action Date FR Cite 

Begin Review 12/01/06 

Request for 

Comments 

07/10/07 72 FR 37501 

Comment Period End 10/09/07 

Reopen Comment 

Period 

01/08/08 73 FR 1299 

Comment Period End 03/10/08 

End Review 05/05/10 75 FR 24509 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: John Smith, 

Directorate of Evaluation and Analysis, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW., FP Building, 

Room N–3641, Washington, DC 20210 

Phone: 202 693–2400 

Fax: 202 693–1641 

Email: smith.john@dol.gov 

RIN: 1218–AC23 

[FR Doc. 2010–30442 Filed 12–17–10; 8:45 

am] 

BILLING CODE 4510–23–S 


jlentini on DSKJ8SOYB1PROD with PROPOSALS15