DEPARTMENT OF LABOR 

Office of the Secretary 

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

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

30 CFR Ch. I 

41 CFR Ch. 60 

48 CFR Ch. 29 

Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, Labor. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This document sets forth the Department’s semiannual agenda of regulations that have 

been selected for review or development during the coming year. The Department’s agencies have 

carefully assessed their available resources and what they can accomplish in the next 12 months and 

have adjusted their agendas accordingly. 

The agenda complies with the requirements of both Executive Order 12866 and the Regulatory Flexibility 

Act. The agenda lists all regulations that are expected to be under review or development between April 

2010 and April 2011, as well as those completed during the past 6 months. 

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of Regulatory Policy, 

Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., 

Room S-2312, Washington, DC 20210; (202) 693-5959. 

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

that particular regulation. 

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory Flexibility Act require 

the semiannual publication in the Federal Register of an agenda of regulations. As permitted by law, the 

Department of Labor is combining the publication of its agendas under the Regulatory Flexibility Act and 

Executive Order 12866. 

 Executive Order 12866 became effective September 30, 1993, and, in substance, requires the 

Department of Labor to publish an agenda listing of 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. 

 In addition, beginning with the fall 2007 edition, the Internet will be the basic means for disseminating 

the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a 

format that offers users a greatly enhanced ability to obtain information from the Agenda database. 

 The Regulatory Flexibility Act, which became effective on January 1, 1981, requires the Department of 

Labor to publish an agenda, listing all the regulations it expects to propose or promulgate that are likely to 

have a “significant economic impact on a substantial number of small entities” (5 U.S.C. 602). 

 The Regulatory Flexibility Act (under section 610) also requires agencies to periodically review rules 

“which have or will have a significant economic impact upon a substantial number of small entities” and to 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
annually publish a list of the rules that will be reviewed during the succeeding 12 months. The purpose of 

the review is to determine whether the rule should be continued without change, amended, or rescinded. 

 The next 12-month review list for the Department of Labor is provided below, and public comment is 

invited on the listing. A brief description of each rule, the legal basis for the rule, and the agency contact 

are provided with each agenda item. 

Occupational Safety and Health Administration 

 Methylene Chloride (RIN 1218-AC23) 

 Bloodborne Pathogens (RIN 1218-AC34) 

 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 agenda. 

 For this edition of the Department of Labor’s regulatory agenda, the most important significant 

regulatory actions and a Statement of Regulatory Priorities are included in the Regulatory Plan, which 

appears in both the online Unified Agenda and in part II of the Federal Register that includes the Unified 

Agenda. 

NAME: Hilda L. Solis, 

Secretary of Labor. 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
The 117 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

YouthBuild Program Regulation 1205-AB49

Trade Adjustment Assistance for Workers Program; Regulations 1205-AB57

Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or

Registered Nursing in the United States (H-2B Workers) 1205-AB58

Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations 1205-AB59

Senior Community Service Employment Program; Additional Indicator on Volunteer Work 1205-AB60

Employment and Training Administration - Final Rule

Title

Regulation 

Identifier 

Number

Senior Community Service Employment Program; Performance Accountability 1205-AB47

Senior Community Service Employment Program 1205-AB48

Federal-State Unemployment Compensation Program; Funding Goals for Interest-Free Advances 1205-AB53

Employment and Training Administration - Completed Action

Title

Regulation 

Identifier 

Number

Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses 1205-AB52

Temporary Agricultural Employment of H-2A Aliens in the United States 1205-AB55

Trade Adjustment Assistance Program; Merit Staffing of State Administration and Allocation of Training Funds to the

States 1205-AB56

Employee Benefits Security Administration - PreRule

Title

Regulation 

Identifier 

Number

Lifetime Income Options for Participants and Beneficiaries in Retirement Plans 1210-AB33

Employee Benefits Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Annual Funding Notice 1210-AB18

Pension Benefit Statements 1210-AB20

Definition of "Fiduciary" 1210-AB32

Definition of "Welfare Plan" 1210-AB34

Statutory Exemption for Provision of Investment Advice 1210-AB35

Genetic Information Nondiscrimination; Penalties for Noncompliance 1210-AB36

Improved Fee Disclosure for Welfare Plans 1210-AB37

QDIA Target Date Disclosure 1210-AB38

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Amendment to Claims Procedure Regulation 1210-AB39

Children's Health Insurance Program: Notice Requirements for Employers 1210-AB40

Employee Benefits Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the Health Insurance

Portability and Accountability Act of 1996 1210-AA54

Improved Fee Disclosure for Pension Plan Participants 1210-AB07

Improved Fee Disclosure for Pension Plans 1210-AB08

Time and Order of Issuance of Domestic Relations Orders 1210-AB15

Mental Health Parity and Addiction Equity Act 1210-AB30

Employee Benefits Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Regulations Implementing the Patient Protection and Affordable Care Act of 2010 (PPACA) 1210-AB41

Employee Benefits Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

Amendment of Regulation Relating to Definition of Plan Assets--Participant Contributions 1210-AB02

Participant Contributions 610 Regulation Review 1210-AB11

Statutory Exemption for Provision of Investment Advice 1210-AB13

Multiemployer Plan Information Made Available on Request 1210-AB21

Genetic Information Nondiscrimination 1210-AB27

Amendments to Civil Penalties Under ERISA Section 502(c)(8) 1210-AB31

Employment Standards Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Nondisplacement of Qualified Workers Under Service Contracts 1215-AB69

Employment Standards Administration - Completed Action

Title

Regulation 

Identifier 

Number

Amendments to the Fair Labor Standards Act 1215-AB13

Child Labor Regulations, Orders, and Statements of Interpretation 1215-AB44

Child Labor Regulations, Orders, and Statements of Interpretation 1215-AB57

Death Gratuity Authorized for Federal Employees 1215-AB66

Notification of Employee Rights Under Federal Labor Laws 1215-AB70

Defense Base Act Waivers 1215-AB72

Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels 1215-AB73

Labor Organization Officer and Employee Report (Form LM-30) 1215-AB74

Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public Sector Intermediate Unions 1215-AB75

The Family and Medical Leave Act of 1993, as Amended 1215-AB76

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Placement Results Under Section 503 1215-AB77

Records To Be Kept by Employers Under the Fair Labor Standards Act 1215-AB78

Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA 1215-AB79

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, as amended 1215-AB80

Construction Contractor Affirmative Action Requirements 1215-AB81

Claims for Compensation Under the Federal Employees' Compensation Act 1215-AB83

Internet Balloting in Union Officer Elections 1215-AB84

Occupational Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Beryllium 1218-AB76

Methylene Chloride 1218-AC23

Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl 1218-AC33

Bloodborne Pathogens (610 Review) 1218-AC34

Infectious Diseases 1218-AC46

Injury and Illness Prevention Program 1218-AC48

Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System 1218-AC49

Occupational Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Confined Spaces in Construction 1218-AB47

Occupational Exposure to Crystalline Silica 1218-AB70

Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) 1218-AB80

Standards Improvement Project (SIP III) 1218-AC19

Hazard Communication 1218-AC20

Cooperative Agreements 1218-AC32

Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions 1218-AC50

Occupational Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

General Working Conditions for Shipyard Employment 1218-AB50

Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67

Cranes and Derricks in Construction 1218-AC01

Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes 1218-AC25

Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach 1218-AC27

Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act of 2007;

Surface Transportation Assistance Act of 1982, as Amended; and Federal Rail Safety Act 1218-AC36

Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column 1218-AC45

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer

Product Safety Improvement Act (CPSIA) of 2008 1218-AC47

Occupational Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Number

Combustible Dust 1218-AC41

Occupational Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

Hearing Conservation Program for Construction Workers 1218-AB89

Explosives 1218-AC09

Emergency Response and Preparedness 1218-AC17

Revision and Update of Standards for Power Presses 1218-AC22

Abbreviated Portacount® Quantitative Fit-Testing Protocol 1218-AC39

Tree Care Operations 1218-AC40

Occupational Exposure to Hexavalent Chromium; Final Rule Remand 1218-AC43

Mine Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Proximity Detection Systems for Underground Mines 1219-AB65

Metal and Nonmetal Dams 1219-AB70

Safety and Health Management Programs for Mines 1219-AB71

Mine Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Revising Electrical Product Approval Regulations 1219-AB37

Lowering Miners' Exposure to Coal Mine Dust Including Continuous Personal Dust Monitors 1219-AB64

Notification of Legal Identity 1219-AB67

Criteria and Procedures for Proposed Assessment of Civil Penalties 1219-AB72

Pattern of Violations 1219-AB73

Preshift Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Safety or Health Standards 1219-AB75

Mine Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Respirable Crystalline Silica Standard 1219-AB36

Mine Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

High-Voltage Continuous Mining Machine Standard for Underground Coal Mines 1219-AB34

Coal Mine Respirable Dust: Continuous Personal Dust Monitor (CPDM) 1219-AB48

Smoke Density and Toxicity 1219-AB60

Coal Mine Dust Sampling Devices 1219-AB61

Criteria and Procedures for Proposed Assessment of Civil Penalties/Recordkeeping and Reporting: Immediate

Notification 1219-AB63

Wage and Hour Division - Proposed Rule

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Title

Regulation 

Identifier 

Number

Nondisplacement of Qualified Workers Under Service Contracts 1235-AA02

The Family and Medical Leave Act of 1993, as Amended 1235-AA03

Records To Be Kept by Employers Under the Fair Labor Standards Act 1235-AA04

Wage and Hour Division - Final Rule

Title

Regulation 

Identifier 

Number

Amendments to the Fair Labor Standards Act 1235-AA00

Child Labor Regulations, Orders, and Statements of Interpretation 1235-AA01

Wage and Hour Division - Long-term Action

Title

Regulation 

Identifier 

Number

Application of the Fair Labor Standards Act to Domestic Service 1235-AA05

Office of Workers Compensation - Proposed Rule

Title

Regulation 

Identifier 

Number

Defense Base Act Waivers 1240-AA01

Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels 1240-AA02

Claims for Compensation Under the Federal Employees' Compensation Act 1240-AA03

Office of Workers Compensation - Final Rule

Title

Regulation 

Identifier 

Number

Death Gratuity Authorized for Federal Employees 1240-AA00

Office of Labor Management Standards - PreRule

Title

Regulation 

Identifier 

Number

Internet Balloting in Union Officer Elections 1245-AA04

Office of Labor Management Standards - Proposed Rule

Title

Regulation 

Identifier 

Number

Labor Organization Officer and Employee Report (Form LM-30) 1245-AA01

Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public Sector Intermediate Unions 1245-AA02

Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA 1245-AA03

Office of Labor Management Standards - Final Rule

Title

Regulation 

Identifier 

Number

Notification of Employee Rights Under Federal Labor Laws 1245-AA00

Office of Federal Contract Compliance Programs - PreRule

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Title

Regulation 

Identifier 

Number

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and

Placement Results Under Section 503 1250-AA02

Office of Federal Contract Compliance Programs - Proposed Rule

Title

Regulation 

Identifier 

Number

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, As Amended 1250-AA00

Construction Contractor Affirmative Action Requirements 1250-AA01

Office of the Assistant Secretary for Veterans' Employment and Training - PreRule

Title

Regulation 

Identifier 

Number

Revised Funding Formula for Jobs for Veterans State Grants 1293-AA17

Office of the Assistant Secretary for Veterans' Employment and Training - Proposed Rule

Title

Regulation 

Identifier 

Number

Establishment of a Uniform National Threshold Entered Employment Rate Under the Jobs for Veterans State Grants 1293-AA18

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB49

 View Related Documents

Title: YouthBuild Program Regulation

Abstract: The YouthBuild Transfer Act of 2006, Public Law 109-281, enacted on September 22, 2006, transfers oversight

and administration of the YouthBuild program from the U.S. Department of Housing and Urban Development (HUD) to the U.S.

Department of Labor (DOL). The YouthBuild program targets are high school dropouts, youth offenders, youth aging out of foster

care, and other at-risk youth populations. The program model balances classroom learning, geared toward a high school

diploma or GED, and construction skills training, geared toward a career placement for youth. DOL intends to develop

regulations in response to the legislation and to guide the program implementation and management. The program focuses on

youth who have a high school diploma or GED but are basic skills deficient.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-281

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Grace A. Kilbane

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB57

 View Related Documents

Title: Trade Adjustment Assistance for Workers Program; Regulations

Abstract: The Trade and Globalization Assistance Act of 2009 (Act), division B, title I, subtitle I of the American Recovery

and Reinvestment Act of 2009, reauthorizes the Trade Adjustment Assistance for Workers program. More specifically, the law

amends the criteria for certification of worker groups as eligible to apply for benefits and services and substantially expands

those benefits and services. It also requires reports on the program's effectiveness. The Act amends section 248 of the Trade

Act of 1974 (19 U.S.C. 2320), which continues to require that the Secretary issue regulations to carry out these provisions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 617, 618, 665, 671; 29 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 19 USC 2320; Secretary's Order 3-2007, 72 FR 15907

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Agency Contact: Erin Fitzgerald 

Office of Trade Adjustment Assistance

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. Room C-5311, FP Building

Washingon , DC 20210 

Phone: 202 693-3500 

FAX: 202 693-3149

E-Mail: fitzgerald.erin@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB58

 View Related Documents

Title: Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or

Registered Nursing in the United States (H-2B Workers)

Abstract: The Department of Homeland Security (DHS) regulations require it, prior to the admission of H-2B workers, to seek

advice from the Department of Labor regarding the importation of such workers. Specifically, DOL certifies that there is not

sufficient U.S. worker(s) who are capable of performing the temporary services or labor at the time of an application for a visa,

and that the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S.

workers. The Department currently administers such certification through an attestation-based program. As a result of the

Department's program experience, this regulation proposes to re-engineer the H-2B program in order to strengthen the

program's integrity and protections of U.S. workers.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

9

Regulations.gov Monday, April 26, 2010 Unified Agenda
CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101(a)(15(H)(ii)(B)); 8 USC 1184(e); 8 CFR 214.2(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Dr. William L. Carlson 

Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

FP Building Room C-4312 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB59

 View Related Documents

Title: Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations

Abstract: Revisions to the equal opportunity regulatory framework for the National Apprenticeship Act are a critical element in

the Department's vision to promote and expand registered apprenticeship opportunities in the 21st century while continuing to

safeguard the welfare and safety of apprentices. In October 2008, the Agency issued a Final rule updating regulations for

Apprenticeship Programs and Labor Standards for Registration. These regulations, codified at Title 29 Code of Federal

Regulations (CFR) part 29, had not been updated since first promulgated in 1977. The companion regulations, 29 CFR part 30,

Equal Employment Opportunity (EEO) in Apprenticeship and Training, have not been amended since first promulgated in 1978.

The Agency now proposes to update 29 CFR part 30 to ensure that the National Registered Apprenticeship System is

consistent and in alignment with changes in Affirmative Action regulations and EEO laws and court cases that have occurred

over the past several decades [e.g. Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act

(ADEA)], and recent revisions to Title 29 CFR part 29. This second phase of regulatory updates will ensure that Registered

Apprenticeship is positioned to continue to provide economic opportunity for millions of Americans while keeping pace with these

new requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 30 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 1, 50 Stat 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); Reorganization Plan No 14 of

1950, 64 Stat 1267 (5 USC app P.534)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: Yes

Energy Affected: No

Agency Contact: John V. Ladd

Office of Apprenticeship

Department of Labor

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Employment and Training Administration

200 Constitution Avenue NW. Room N5311 FP Building

Washington , DC 20210 

Phone: 202 693-2796 

FAX: 202 693-3799

E-Mail: ladd.john@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB60

 View Related Documents

Title: Senior Community Service Employment Program; Additional Indicator on Volunteer Work

Abstract: The Older Americans Act Amendments of 2006 (P.L. 109-365), enacted on October 17, 2006, contains provisions

amending title V of that Act, which authorizes the Senior Community Service Employment Program (SCSEP). The Amendments,

effective July 1, 2007, make substantial changes to the current SCSEP provisions in the Older Americans Act relating to

performance accountability. Section 513(d)(4) of title V requires that the agency establish and implement new measures of

performance by July 1, 2007. Section 513(b)(3) requires that the Secretary issue definitions of indicators of performance through

regulations after consultation with stakeholders. Therefore, the Interim Final Rule (IFR) implemented changes to the SCSEP

program performance accountability regulations found at 20 CFR 641 in subpart G. Changes to other subparts of part 641 were

proposed through a separate Notice of Proposed Rulemaking, published Aug. 14, 2008 (73 FR 47770). The Department

currently is preparing a final rule that combines the provisions in the IFR and NPRM, with a publication date of July 2010. Under

the authority provided in section 513 (b)(2)(C), which allows additional indicators to be promulgated where the Secretary deems

such indicators appropriate to evaluate services and performance, the Department is soliciting comments on an additional

indicator on volunteer work.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 40 USC 3056 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Grace A. Kilbane

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB47

 View Related Documents

Title: Senior Community Service Employment Program; Performance Accountability

Abstract: The Older Americans Act Amendments of 2006, Public Law 109-365, enacted on October 17, 2006, contains

provisions amending title V of that Act, which authorizes the Senior Community Service Employment Program (SCSEP). The

11

Regulations.gov Monday, April 26, 2010 Unified Agenda
Amendments, effective July 1, 2007, make substantial changes to the current SCSEP provisions in the Older Americans Act

relating to performance accountability. Section 513(d)(4) of title V requires that the Agency establish and implement new

measures of performance by July 1, 2007. Section 513(b)(3) required that the Secretary issue definitions of indicators of

performance through regulations after consultation with stakeholders. Therefore, the Interim Final Rule (IFR) implemented

changes to the SCSEP program performance accountability regulations found at 20 CFR 641 in subpart G. Changes to other

subparts of part 641 were implemented through a separate Notice of Proposed Rulemaking, published Aug. 14, 2008 (73 FR

47770).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 3056 et seq

Legal Deadline: 

Action Source Description Date

Other Statutory Interim Final Rule 06/30/2007 

Timetable:

Action Date FR Cite

Interim Final Rule 06/29/2007 72 FR 35832 

Interim Final Rule Comment Period End 08/28/2007 

Final Action 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1205-AB48

Agency Contact: Grace A. Kilbane

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB48

 View Related Documents

Title: Senior Community Service Employment Program

Abstract: The Older Americans Act Amendments of 2006, Public Law 109-365, enacted on October 17, 2006, contain

provisions amending title V of that Act, which authorizes the Senior Community Service Employment program (SCSEP). The

Amendments, effective July 1, 2007, made substantial changes to the SCSEP provisions in the Older Americans Act, including

new requirements relating to performance accountability, income eligibility for program participation, competition of national

grants, and services to participants. This portion of the rulemaking consists of 8 subparts: subpart A--Purpose and Definitions;

subpart B--Coordination with the Workforce Investment Act; subpart C--the State Plan; subpart D--Grant Application and

Responsibility Review Requirements for State and National Grants; subpart E--Services to Participants; subpart F--Pilots,

Demonstration, and Evaluation Projects, subpart H--Administrative Requirements; and subpart I--Grievance Procedures and

Appeals Process. The performance accountability requirements (subpart G) were implemented through a separate Interim Final

Rule (IFR).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 3056 et seq

Legal Deadline: None

12

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 08/14/2008 73 FR 47770 

NPRM Comment Period End 10/14/2008 

Final Action 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1205-AB47

Agency Contact: Grace A. Kilbane

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB53

 View Related Documents

Title: Federal-State Unemployment Compensation Program; Funding Goals for Interest-Free Advances

Abstract: Under title XII of the Social Security Act (42 U.S.C. 1321 et seq.), States may, when needed, obtain repayable

advances from the Federal unemployment account in the Unemployment Trust Fund to pay State unemployment compensation

benefits. States may be exempted from the requirement to pay interest on these advances under certain conditions, including

the condition that the “State meets funding goals” established by the Secretary of Labor in regulations. The regulation would

establish these funding goals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 606 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1322(b)(2)(C); 26 USC 7805(a); Secretary Order No 3-2007, April 3, 2007 (72 FR 15907)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/25/2009 74 FR 30402 

NPRM Comment Period End 08/24/2009 

Final Action 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Ronald Wilus 

Chief, Division of Fiscal and Actuarial Services

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building Room S-4231

Washington , DC 20210 

Phone: 202 693-2931 

E-Mail: wilus.ronald@dol.gov

13

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB52

 View Related Documents

Title: Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses

Abstract: This Final Rule reflects the extension of the H-1C visa program, which was extended by the Nursing Relief for

Disadvantaged Areas Reauthorization Act of 2005 (NRDARA), Public Law 109-423, 120 Stat. 2900 (2006). In 2000, the Nursing

Relief for Disadvantaged Areas Act of 1999 (NRDAA), Public Law 106-95, 113 Stat. 1312 (1999), amended the Immigration and

Nationality Act to create a temporary visa program for nonimmigrant aliens to work as registered nurses for up to 3 years in

facilities serving health professional shortage areas, subject to certain conditions. The NRDAA specified that the H-1C visas

were available only during the 4-year period beginning on the date that interim or final regulations were promulgated. Under this

Act, the Department published an interim rule, on August 22, 2000 (65 FR 51137), which was open for public comment through

September 21, 2000. Before the NRDARA was enacted on December 20, 2006, the Department determined on April 24, 2006,

that continued rulemaking was neither necessary nor appropriate at that time, because health care facilities could not sponsor

new H-1C visas and no new H-1C visa could be issued. Therefore, the Department discontinued this rulemaking (71 FR

22912). However, after the NRDARA was enacted, the Department decided to continue its rulemaking efforts. Although no more

H-1C applications could be filed after December 20, 2009, the Department has determined that it is appropriate to finalize the

rule, since the Department is still obligated to enforce the terms of H-1C attestations, and H-1C visa holders can remain in the

U.S. for up to 3 years. Section 3 of Public Law 109-423 has exempted this rulemaking from the Administrative Procedure Act,

so additional notice and comment are unnecessary.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-423; 120 Stat 2900; 8 USC 1101 (a)(15)(H)(i)(c); 8 USC 1182 (m)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 03/05/2010 75 FR 10396 

Final Action Effective 04/05/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Dr. William L. Carlson 

Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

FP Building Room C-4312 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB55

 View Related Documents

Title: Temporary Agricultural Employment of H-2A Aliens in the United States

Abstract: The Department of Labor (the Department of DOL) is amending its regulations governing the certification of

temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the

contractual obligations applicable to employers of such nonimmigrant workers. This rulemaking reexamines the process by

which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland

Security (DHS) to employ a nonimmigrant worker in H-2A status.

14

Regulations.gov Monday, April 26, 2010 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1188

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/13/2008 73 FR 8538 

NPRM Comment Period End 03/31/2008 

NPRM Comment Period Extended 04/14/2008 73 FR 16243 

Final Rule 12/18/2008 73 FR 77110 

Final Rule Effective 01/17/2009 

Notice of Proposed Suspension 03/17/2009 74 FR 11408 

Comment Period End 03/27/2009 

Notice of Final Suspension 05/29/2009 74 FR 25972 

NPRM 09/04/2009 74 FR 45905 

NPRM Comment Period End 10/05/2009 

NPRM Comment Period Extended 10/20/2009 74 FR 50929 

Final Rule 02/12/2010 75 FR 6884 

Final Rule Effective 03/15/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Dr. William L. Carlson 

Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

FP Building Room C-4312 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB56

 View Related Documents

Title: Trade Adjustment Assistance Program; Merit Staffing of State Administration and Allocation of Training Funds to the

States

Abstract: The Trade and Globalization Assistance Act of 2009 (Act), division B, title I, subtitle I of the American Recovery

and Reinvestment Act of 2009, reforms and reauthorizes the Trade Adjustment Assistance (TAA) for Workers program. The Act

amended section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296) setting new guidelines and criteria for distributing funds to

the States for the purpose of training TAA-certified workers, and added section 236(g) requiring that the Secretary issue

regulations to implement the new funding procedures within 1 year of enactment. This rulemaking meets the statutory

requirement and also requires that personnel engaged in TAA-funded functions be State employees covered by the merit

system of personnel administration.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 618 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 2320; Secretary Order No 3-2007, 72 FR 15907

Legal Deadline: 

Action Source Description Date

Other Statutory 02/17/2010 

15

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 08/05/2009 74 FR 39198 

NPRM Comment Period End 10/05/2009 

Final Action 04/02/2010 75 FR 16988 

Final Action Effective 05/03/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Agency Contact: Erin Fitzgerald 

Office of Trade Adjustment Assistance

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. Room C-5311, FP Building

Washingon , DC 20210 

Phone: 202 693-3500 

FAX: 202 693-3149

E-Mail: fitzgerald.erin@dol.gov

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB33

 View Related Documents

Title: Lifetime Income Options for Participants and Beneficiaries in Retirement Plans

Abstract: This initiative will explore what steps, if any, that the Department could or should take, by regulation or otherwise,

to enhance the retirement security of American workers by facilitating access to and use of lifetime income or income

arrangements designed to provide a stream of income after retirement.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

RFI 02/02/2010 75 FR 5253 

RFI Comment Period End 05/03/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Jeffrey J. Turner

Chief, Division of Regulations, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB18

 View Related Documents

16

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Annual Funding Notice

Abstract: This rulemaking implements the requirement of section 501 of the Pension Protection Act of 2006 (PPA), which

amended section 101(f) of ERISA to require the administrator of a defined benefit pension plan to provide participants,

beneficiaries, and other parties with an annual funding notice, and also implements the requirements of section 503(c) of the

PPA that amended section 104(b)(3) of ERISA regarding summary annual reports for defined benefit plans.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2520; 29 CFR 2520.104-46; 29 CFR 2520.104b-10 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 29 USC 1021(f); ERISA sec 101(f); PL 109-280, sec 501, Pension Protection Act of 2006; 29 USC

1021(b); ERISA sec 104(b)(3); PL 109-280, sec 503, Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

NPRM 08/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Stephanie Ward 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7921

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB20

 View Related Documents

Title: Pension Benefit Statements

Abstract: Section 508 of the Pension Protection Act of 2006 (PPA) amended section 105 of ERISA to require plans that are

subject to ERISA to automatically provide participants and certain beneficiaries with individual pension benefit statements.

Generally, defined benefit plans must provide the statement every 3 years, with an annual alternative. Individual account plans

that permit participant direction must provide the statement quarterly and individual account plans that do not permit participant

direction must provide the statement annually. The PPA directed the Department of Labor to provide a model statement within

1 year of enactment of the statute and the Department has been given interim final rulemaking authority.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2520 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1025; ERISA sec 105; PL 109-280, sec 508, Pension Protection Act of 2006; 29 USC 1135;

ERISA sec 505

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/2007 

17

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Suzanne Adelman 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB32

 View Related Documents

Title: Definition of "Fiduciary"

Abstract: This rulemaking would amend the regulatory definition of the term “fiduciary” set forth at 29 CFR 2510.3-21 (c) to

more broadly define as employee benefit plan fiduciaries persons who render investment advice to plans for a fee within the

meaning of section 3(21) of ERISA. The amendment would take into account current practices of investment advisers and the

expectations of plan officials and participants who receive investment advice.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2510.3-21(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1002; ERISA sec 3(21); 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey J. Turner

Chief, Division of Regulations, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB34

 View Related Documents

Title: Definition of "Welfare Plan"

18

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: Department of Labor regulation 29 CFR 2510.3-1 clarifies the definition of the terms "employee welfare benefit

plan" and "welfare plan" for purposes of title I of the Employee Retirement Income Security Act of 1974 (ERISA) by identifying

certain practices, which do not constitute employee welfare benefit plans. This rulemaking would amend that regulation to clarify

the circumstances under which health care arrangements established or maintained by State or local governments for the

benefit of nongovernmental employees do not constitute an employee welfare benefit plan for purposes of section 3(1) of

ERISA and 29 CFR 2510.3-1.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2510.3-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey J. Turner

Chief, Division of Regulations, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB35

 View Related Documents

Title: Statutory Exemption for Provision of Investment Advice

Abstract: Section 601 of the Pension Protection Act (Pub. L. 109-280) amended ERISA by adding new section 408(b)(14)

and 408(g). Section 408(b)(14) is a prohibited transaction exemption that permits the provision of investment advice to

participants or beneficiaries of certain individual account plans if the investment advice is provided under an "eligible investment

advice arrangement," as defined in section 408(g). In order to qualify as an “eligible investment advice arrangement,” the

arrangement must either provide that any fees received by the adviser do not vary depending on the basis of any investment

options selected, or use a computer model under an investment advice program that meets the criteria set forth in section

408(g) in connection with the provision of investment advice. Further, with respect to both types of advice arrangements, the

investment adviser must disclose to advice recipients all fees that the adviser or any affiliate is to receive in connection with the

advice. Section 408(g) requires that the computer model which serves as the basis for an eligible investment advice

arrangement be certified by an "eligible investment expert" in accordance with rules prescribed by the Secretary of Labor.

Section 408(g) also directs the Secretary of Labor to issue a model form for the required disclosure of fees.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1108(g); 29 USC 1135; PL 109-280, sec 601(a); Pension Protection Act of 2006; ERISA sec

408(g); ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2010 75 FR 9360 

NPRM Comment Period End 05/05/2010 

19

Regulations.gov Monday, April 26, 2010 Unified Agenda
Final Action 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1210-AB13

Agency Contact: Fred Wong 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB36

 View Related Documents

Title: Genetic Information Nondiscrimination; Penalties for Noncompliance

Abstract: Pursuant to ERISA sections 702, 733(d), and 502 (c)(9), as amended by the Genetic Information Nondiscrimination

Act 2008 (GINA) (Pub.L.110-233) enacted May 21, 2008, the Department is developing regulatory guidance on penalties for

noncompliance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1182 and 1191b(d); 29 USC 1132 and 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB37

 View Related Documents

Title: Improved Fee Disclosure for Welfare Plans

Abstract: This rulemaking will amend the regulation setting forth the standards applicable to the exemption under ERISA

20

Regulations.gov Monday, April 26, 2010 Unified Agenda
section 408(b)(2) for contracting or making reasonable arrangements with a party in interest for office space or services (29 CFR

2550.408b-2). This amendment will ensure that plan fiduciaries of welfare plans are provided or have access to that information

necessary to a determination of whether an arrangement for services is "reasonable" within the meaning of the statutory

exemption. This amendment is being promulgated separately from another amendment to section 408(b)(2) that applies to

pension plans.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.408b-2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1108

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner

Chief, Division of Regulations, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB38

 View Related Documents

Title: QDIA Target Date Disclosure

Abstract: This rulemaking will amend the Department's qualified default investment alternative regulation (29 CFR 404c-5),

which provides relief from certain fiduciary responsibilities for fiduciaries of participant-directed individual account plans who, in

the absence of directions from a participant, invest the participant's account in a qualified default investment alternative. This

amendment will provide more specificity to fiduciaries as to the investment information that must be disclosed in the required

notice to participants and beneficiaries. This amendment also will enhance the information that must be disclosed concerning

target date, or similar age-based, qualified default investment alternatives.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.404c-5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1104

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey Turner 

Chief, Division of Regulations

Department of Labor

21

Regulations.gov Monday, April 26, 2010 Unified Agenda
Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7219

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB39

 View Related Documents

Title: Amendment to Claims Procedure Regulation

Abstract: Section 503 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. section 1133, provides that, in

accordance with regulations promulgated by the Secretary of Labor, each employee benefit plan must provide "adequate notice

in writing to any participant or beneficiary whose claim for benefits under the plan has been denied." The notice must set forth

the specific reasons for the denial and must be written in a manner calculated to be understood by the claimant. Each plan

must also afford " a reasonable opportunity" for any participant or beneficiary whose claim has been denied to obtain "full and

fair review" of the denial by the "appropriate named fiduciary of the plan." The Department has issued a regulation pursuant to

the above authority that establishes the minimum requirements for benefit claims procedures of employee benefit plans covered

by title 1 of ERISA. See 29 CFR section 2560.503-1. This rulemaking is intended to strengthen, improve, and update the

current rules governing the internal claims and appeals process.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.503-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1133

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey Turner 

Chief, Division of Regulations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7219

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB40

 View Related Documents

Title: Children's Health Insurance Program: Notice Requirements for Employers

Abstract: Pursuant to ERISA section 701, as amended by the Children's Health Insurance Program Reauthorization Act of

2009 (CHIPRA) (Pub. L. 111-3) enacted February 4, 2009, the Department is developing regulatory guidance regarding the

notice requirements from employers to employees regarding the availability of Medicaid and CHIP premium assistance

programs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

22

Regulations.gov Monday, April 26, 2010 Unified Agenda
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135 and 1181

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: Undetermined

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AA54

 View Related Documents

Title: Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the Health Insurance

Portability and Accountability Act of 1996

Abstract: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended title I of ERISA, the Internal

Revenue Code, and the Public Health Service Act with parallel provisions designed to improve health care access, portability,

and renewability. The Departments of Labor, the Treasury, and Health and Human Services are mutually dependent due to

shared interpretive jurisdiction and are proceeding concurrently to provide additional regulatory guidance regarding these

provisions, including certain amendments made to the special enrollment provisions by the Children's Health Insurance Program

Reauthorization Act of 2009.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2590 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/08/1997 62 FR 16894 

Interim Final Rule Effective 06/07/1997 

Interim Final Rule Comment Period End 07/07/1997 

Request for Information 10/25/1999 64 FR 57520 

Comment Period End 01/25/2000 

Request for Information 12/30/2004 69 FR 78825 

NPRM 12/30/2004 69 FR 78800 

Final Rule 12/30/2004 69 FR 78720 

Final Action Effective 02/28/2005 

Request for Information Comment Period End 03/30/2005 

NPRM Comment Period End 03/30/2005 

Final Action 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

23

Regulations.gov Monday, April 26, 2010 Unified Agenda
Federalism: No

Energy Affected: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB07

 View Related Documents

Title: Improved Fee Disclosure for Pension Plan Participants

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.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1104; 29 USC 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 04/25/2007 72 FR 20457 

Comment Period End 07/24/2007 

NPRM 07/23/2008 73 FR 43014 

NPRM Comment Period End 09/08/2008 

Final Action 09/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Katherine D. Lewis 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB08

 View Related Documents

Title: Improved Fee Disclosure for Pension Plans

Abstract: This rulemaking will amend the regulation setting forth the standards applicable to the exemption under ERISA

section 408(b)(2) for contracting or making reasonable arrangements with a party in interest for office space or services (29 CFR

24

Regulations.gov Monday, April 26, 2010 Unified Agenda
2550.408b-2). This amendment will ensure that plan fiduciaries are provided or have access to that information necessary to a

determination of whether an arrangement for services is “reasonable” within the meaning of the statutory exemption.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1108(b)(2); 29 USC 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/13/2007 72 FR 70988 

NPRM Comment Period End 02/11/2008 

Interim Final Rule 05/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kristen Zarenko 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB15

 View Related Documents

Title: Time and Order of Issuance of Domestic Relations Orders

Abstract: Section 1001 of the Pension Protection Act of 2006, requires the Secretary of Labor to issue, not later than 1 year

after the date of enactment, regulations clarifying certain issues relating to the timing and order of domestic relations orders

under section 206(d)(3) of the Employee Retirement Income Security Act (ERISA). This rule will provide guidance to plan

administrators, service providers, participants, and alternate payees on the qualified domestic relations order requirements

under ERISA.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2530.206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1056; ERISA sec 206(d)(3); PL 109-280, sec 1001, Pension Protection Act of 2006; 29 USC

1135; ERISA sec 505

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

Interim Final Rule 03/07/2007 72 FR 10070 

Interim Final Rule Effective 04/06/2007 

Interim Final Rule Comment Period End 05/07/2007 

Final Action 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

25

Regulations.gov Monday, April 26, 2010 Unified Agenda
Small Entities Affected: No Federalism: No

Agency Contact: Susan Elizabeth Rees

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-1791

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB30

 View Related Documents

Title: Mental Health Parity and Addiction Equity Act

Abstract: Pursuant to ERISA section 712, as amended by the Paul Wellstone and Pete Domenici Mental Health Parity and

Addiction Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) enacted on October 8, 2008, the Department is developing

regulatory guidance.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1185a

Legal Deadline: 

Action Source Description Date

Other Statutory as per MHPAEA section 512(d) 10/08/2009 

Timetable:

Action Date FR Cite

Request for Information 04/28/2009 74 FR 19155 

Request for Information Comment Period End 05/28/2009 

Interim Final Rule 02/02/2010 75 FR 5410 

Interim Final Rule Effective 04/05/2010 

Interim Final Rule Comment Period End 05/03/2010 

NPRM 04/00/2011 

Additional Information: On February 2, 2010, the Departments of Labor, Health and Human Services, and the Treasury

published an interim final rule implementing MHPAEA. However, the provisions of the increased cost exemption under section

712(c)(2) were reserved and not addressed. The next action planned is an NPRM that will propose rules governing this

exemption.

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Related to 0938-AP65; Related to 1545-BJ05 Related Agencies: Joint: CMS; Joint: IRS

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

26

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB41

 View Related Documents

Title: Regulations Implementing the Patient Protection and Affordable Care Act of 2010 (PPACA)

Abstract: The Patient Protection and Affordable Care Act of 2010 (PPACA)amended title I of ERISA, by adding a new

section 715 which encompasses various health reform provisions of the Public Health Service Act. Initial regulatory action will

likely address statutory provisions related to the prohibition of lifetime or annual income limits; the prohibition of rescissions of

health coverage after coverage begins; requirements for coverage without cost sharing for preventive health services; an

extension of dependent coverage; the prohibition on preexisting condition exclusions and other discrimination based on health

status; and the prohibition on discrimination in favor of highly compensated individuals. The Departments of Labor, the Treasury,

and the Health and Human Services are mutually dependent due to share interpretive jurisdiction and are proceeding

concurrently to provide regulatory guidance regarding these provisions. Due to the breadth of issues covered, this RIN may be

split into one or more additional RINS in the future.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Related Agencies: Joint : CMS; Joint : IRS

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB02

 View Related Documents

Title: Amendment of Regulation Relating to Definition of Plan Assets--Participant Contributions

Abstract: This rulemaking will amend the regulation that defines when participant moneys paid to or withheld by an employer

for contribution to an employee benefit plan constitute "plan assets" for purposes of title I of ERISA and the related prohibited

transaction provisions of the Internal Revenue Code. The regulation contains an amendment to the current regulation that will

establish a safe harbor period of a specified number of business days during which certain moneys that a participant pays to, or

has withheld by, an employer for contribution to a plan would not constitute "plan assets."

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-102 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135

Legal Deadline: None

27

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 02/29/2008 73 FR 11072 

NPRM Comment Period End 04/29/2008 

Final Action Effective 01/14/2010 

Final Action 01/14/2010 75 FR 2068 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Louis J. Campagna

Chief, Division of Fiduciary Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8510 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB11

 View Related Documents

Title: Participant Contributions 610 Regulation Review

Abstract: EBSA has determined that the plan assets-participant contribution regulation under 29 CFR 2510.3-102 does not

have a significant economic impact on a substantial number of small entities within the meaning of section 610(a) of the

Regulatory Flexibility Act (RFA). Accordingly, a substantive review thereof is not required by section 610(b) of the RFA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-102 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

Begin Review 03/01/2006 

End Review 02/26/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Melissa R. Dennis 

Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB13

28

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Statutory Exemption for Provision of Investment Advice

Abstract: Section 601 of the Pension Protection Act (Pub. L. 109-280) amended ERISA by adding new sections 408(b)(14)

and 408(g). Section 408(b)(14) is a prohibited transaction exemption that permits the provision of investment advice to

participants or beneficiaries of certain individual account plans if the investment advice is provided under an "eligible investment

advice arrangement," as defined in section 408(g). In order to qualify as an "eligible investment advice arrangement," the

arrangement must either provide that any fees received by the adviser do not vary depending on the basis of any investment

options selected, or use a computer model under an investment advice program that meets the criteria set forth in section

408(g) in connection with the provision of investment advice. Further, with respect to both types of advice arrangements, the

investment adviser must disclose to advice recipients all fees that the adviser or any affiliate is to receive in connection with the

advice. Section 408(g) requires that the computer model which serves as the basis for an eligible investment advice

arrangement be certified by an "eligible investment expert" in accordance with rules prescribed by the Secretary of Labor.

Section 408(g) also directs the Secretary of Labor to issue a model form for the required disclosure of fees. EBSA published a

Request for Information that invited interested persons to submit written comments and suggestions concerning the expertise

and procedures that may be needed to certify that a computer model meets the statutory criteria, and the content, types, and

designs of fee disclosure materials currently used and their usefulness to plan participants.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1108(g); 29 USC 1135; PL 109-280, sec 601(a), Pension Protection Act of 2006; ERISA sec

408(g); ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 12/04/2006 71 FR 70429 

Request for Information Comment Period End 01/30/2007 

NPRM 08/22/2008 73 FR 49896 

NPRM Comment Period End 10/06/2008 73 FR 49896 

Notice of Hearing To Be Held--October 21, 2008 10/14/2008 73 FR 60657 

Final Action 01/21/2009 74 FR 3822 

Notice of Proposed Extension of Effective Date 02/04/2009 74 FR 6007 

Final Action Effective 03/29/2009 

Final Rule; Delay of Effective Date and Applicability Date 05/22/2009 74 FR 23951 

Final Rule; Delay of Effective Date and Applicability Date 11/17/2009 74 FR 11847 

Withdrawal of Final Rule 11/20/2009 74 FR 60156 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Fred Wong 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB21

 View Related Documents

Title: Multiemployer Plan Information Made Available on Request

Abstract: This rulemaking implements the requirements of section 502(a)(1) of the Pension Protection Act of 2006 (PPA),

29

Regulations.gov Monday, April 26, 2010 Unified Agenda
which added a new subsection (k) to section 101 of ERISA, under which the plan administrator of a multiemployer plan shall,

upon written request, furnish within 30 days to any plan participant or beneficiary, employee representative, or any employer that

has an obligation to contribute to the plan a copy of certain actuarial, financial, and funding-related documents.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2520 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1021(k); ERISA, sec 101(k); PL 109-280, sec 502, Pension Protection Act of 2006; 29 USC 1135;

ERISA, sec 505

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

NPRM 09/14/2007 72 FR 52527 

NPRM Comment Period End 10/15/2007 

Final Action 03/02/2010 75 FR 9334 

Final Action Effective 04/01/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Stephanie Ward 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7921

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB27

 View Related Documents

Title: Genetic Information Nondiscrimination

Abstract: Pursuant to ERISA sections 702, 733(d), and 502, as amended by the Genetic Information Nondiscrimination Act

of 2008 (GINA) (Pub. L. 110-233) enacted May 21, 2008, the Department is developing regulatory guidance. Regulatory

guidance will provide clarification regarding GINA’s prohibition against discrimination in group premiums based on genetic

information, its limitations on genetic testing, its prohibition on collection of genetic information, and its new civil monetary

penalties under ERISA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2590.702-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1182; 29 USC 1191b(d); 29 USC 1132

Legal Deadline: 

Action Source Description Date

Other Statutory As per GINA section 101(f)(1) 05/21/2009 

Timetable:

Action Date FR Cite

Request for Information 10/10/2008 73 FR 60208 

Request for Information Comment Period End 12/09/2008 

30

Regulations.gov Monday, April 26, 2010 Unified Agenda
Interim Final Rule 10/07/2009 74 FR 51664 

Interim Final Rule Effective 12/07/2009 

Interim Final Rule Comment Period End 01/05/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB31

 View Related Documents

Title: Amendments to Civil Penalties Under ERISA Section 502(c)(8)

Abstract: This proposed regulation, upon adoption, would implement the civil penalty provision under section 502(c)(8) of the

Employee Retirement Income Security Act of 1974 (ERISA), under which the Secretary of Labor is granted authority to assess

civil penalties not to exceed $1,100 per day against any plan sponsor of a multiemployer plan for certain violations of section

305 of ERISA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2560.502c-8 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1132; PL 109-280, sec 305, Pension Protection Act of 2006; 29 USC 2560; PL 110-458, sec 102,

Worker, Retiree and Employer Act of 2008

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/04/2009 74 FR 45791 

NPRM Comment Period End 11/03/2009 

Final Action 02/26/2010 75 FR 8796 

Final Action Effective 03/29/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Michael Del Conte

Benefits 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

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB69

 View Related Documents

31

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Nondisplacement of Qualified Workers Under Service Contracts

Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of Qualified Workers Under Service Contracts,

establishes the policy that Federal service contracts generally include a clause requiring the contractor and its subcontractors,

under a contract that succeeds a contract for the same or similar service at the same location, to offer qualified employees

(except managerial and supervisory personnel) employed on the predecessor contract a right of first refusal to employment

under the successor contract. The order assigns enforcement responsibility to the Secretary of Labor and directs the Secretary,

in consultation with the Federal Acquisition Regulatory Council, to issue regulations to implement the order.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 9 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13495, sec 4 to 6; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to 1235-AA02 00/00/0000 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Timothy Helm 

Government Contracts Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0064 

FAX: 202 693-1387

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB13

 View Related Documents

Title: Amendments to the Fair Labor Standards Act

Abstract: Small Business Job Protection Act of 1996 (H.R. 3448) enacted on August 20, 1996 (Pub. L. 104-188, title II),

amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The U.S. Troop Readiness, Veterans' Care,

Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28) also amended the FLSA by increasing the

minimum wage in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25

per hour effective July 24, 2009. Changes will be required in the regulations to reflect these amendments. Other updates will

address needed clarifications to additional sections of the regulations, including sections affected by Public Law 106-151,

section 1 (Dec. 9, 1999), 113 stat. 1731, and Public Law 106-202 (May 18, 2000), 114 Stat. 308.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 778 to 780; 29 CFR 785 to 786; 29 CFR 790 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2008 73 FR 43654 

NPRM Comment Period Extended 08/22/2008 73 FR 49621 

NPRM Comment Period End 09/11/2008 

Transferred to RIN 1235-AA00 03/02/2010 

32

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB44

 View Related Documents

Title: Child Labor Regulations, Orders, and Statements of Interpretation

Abstract: The Department of Labor is currently withdrawing this item, after having completed a review of the comments

submitted in response an ANPRM seeking additional data and public input to supplement National Institute for Occupational

Safety and Health (NIOSH) recommendations and conclusions included in a May 2002 report to the Department of Labor on the

Fair Labor Standards Act child labor regulations. The additional comments did not provide sufficient information on which the

Department could base further rulemaking at this time. The NIOSH recommendations may be the subject of future rulemaking.

Related rulemaking under a separate NPRM continues. See related RIN 1215-AB57.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 203(1)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 04/17/2007 72 FR 19328 

ANPRM Comment Period End 07/16/2007 

Reviewing of Comments Completed 02/01/2010 

Withdrawn 02/24/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1215-AB57

Agency Contact: Arthur M. Kerschner

Child Labor and Special Employment Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0072 

FAX: 202 693-1387

33

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB57

 View Related Documents

Title: Child Labor Regulations, Orders, and Statements of Interpretation

Abstract: The Department of Labor continues to review the Fair Labor Standards Act child labor provisions to ensure that the

implementing regulations provide job opportunities for working youth that are healthy and safe and not detrimental to their

education, as required by the statute (29 U.S.C. sections 203(l), 212(c), 213(c), and 216(e)). This proposed rule will update the

regulations to reflect statutory amendments enacted in 2004, and will propose, among other updates, revisions to address

several recommendations of the National Institute for Occupational Safety and Health (NIOSH) in its 2002 report to the

Department of Labor on the child labor Hazardous Occupations Orders (HOs) (available at

http://www.youthrules.dol.gov/resources.htm).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/17/2007 72 FR 19337 

NPRM Comment Period End 07/16/2007 

Transferred to RIN 1235-AA01 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Arthur M. Kerschner

Child Labor and Special Employment Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0072 

FAX: 202 693-1387

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB66

 View Related Documents

Title: Death Gratuity Authorized for Federal Employees

Abstract: The National Defense Authorization Act for FY 2008, which was signed in to law on January 28, 2008, resulted in

the creation of a new section of the Federal Employees' Compensation Act. This section establishes a death gratuity payment

of up to $100,000 for federal employees who die of injuries incurred in connection with the employee's service with an armed

force in a contingency operation. This bill also contains a provision for retroactivity for employees who died on or after October

7, 2001.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 10.900 et al (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181 National Defense Authorization Act for FY 2008

Legal Deadline: None

34

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/18/2009 

Interim Final Rule 08/18/2009 74 FR 41617 

Interim Final Rule Comment Period End 10/19/2009 

Transferred to RIN 1240-AA00 03/02/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jennifer Valdivieso 

Acting Chief, Branch of Regulations and Procedures, Division of Federal Employees Compensation

Department of Labor

Employment Standards Administration

400 West Bay Street Room 826

Jacksonville , FL 32202 

Phone: 904 357-4754 

FAX: 904 357-4779

E-Mail: valdivieso.jennifer@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB70

 View Related Documents

Title: Notification of Employee Rights Under Federal Labor Laws

Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the Department of Labor's Employment Standards

Administration, 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.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 471 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13496

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/03/2009 74 FR 38488 

NPRM Comment Period End 09/02/2009 

Transferred to RIN 1245-AA00 03/02/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

35

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB72

 View Related Documents

Title: Defense Base Act Waivers

Abstract: The Defense Base Act (DBA), 42 U.S.C. section 1651 et seq., provides workers’ compensation benefits for civilian

employees of U.S. Government contractors injured or killed while working overseas. The DBA authorizes the Secretary of Labor

to waive application of the DBA in any contract, subcontract, location, or class of employees upon the recommendation of the

head of any department or agency of the U.S. Government. 42 U.S.C. section 1651(e). Over the years, DOL has granted a

variety of waivers without any published rules. This proposed regulation would clarify the procedures for agencies to request

waivers, including who may request a waiver, the format of a waiver request, and the supporting information required. The

regulation would also explain DOL’s procedures for reviewing and granting a waiver, including the factors DOL considers in

granting a waiver and the conditions and limitations of any waiver granted.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 704 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1651(e)

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1240-AA01 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal

Federalism: No

Agency Contact: Michael Niss 

Director, Division of Longshore and Harbor Workers' Compensation, OWCP

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room C-4315

Washington , DC 20210 

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: niss.michael@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB73

 View Related Documents

Title: Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels

Abstract: The American Recovery and Reinvestment Act of 2009 amended the Longshore and Harbor Workers'

Compensation Act, 33 U.S.C. 901 to 950, to exclude from the Act's coverage certain employees who repair recreational vessels

and who dismantle them for repair, regardless of the vessel's length. To implement this amendment, the Department anticipates

proposing a rule that addresses the definition of recreational vessel, coverage of those employees who work in both covered

employment and employment excluded under the amendment, and the interplay between State workers' compensation

coverage and Longshore Act coverage for those who repair recreational vessels and who dismantle them for repair.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 939

Legal Deadline: None

36

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

Transferred to RIN 1240-AA02 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Michael Niss 

Director, Division of Longshore and Harbor Workers' Compensation, OWCP

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room C-4315

Washington , DC 20210 

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: niss.michael@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB74

 View Related Documents

Title: Labor Organization Officer and Employee Report (Form LM-30)

Abstract: The Department intends to review questions of law and policy within the recently published changes to the Form

LM-30. The Form LM-30 (Labor Organization Officer and Employee Report) is required by the LMRDA. The purpose of the

Form, among others, is to identify potential conflicts of interest between the labor organization officials and their labor

organization.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 404 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 432 and 438

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1245-AA01 03/02/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB75

 View Related Documents

37

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public Sector Intermediate Unions

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.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 403 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/02/2010 75 FR 5456 

Transferred to RIN 1245-AA02 03/02/2010 

NPRM Comment Period End 04/05/2010 

Regulatory Flexibility Analysis

Required: Organizations Government Levels Affected: No

Federalism: No

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB76

 View Related Documents

Title: The Family and Medical Leave Act of 1993, as Amended

Abstract: DOL will propose regulatory changes to implement the National Defense Authorization Act for FY 2010, which

further expanded the existing military leave provisions; and the Airline Flight Crew Technical Corrections Act, which expanded

FMLA eligibility requirements to include airline flight crews.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 825 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 2654

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1235-AA03 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State; Tribal

38

Regulations.gov Monday, April 26, 2010 Unified Agenda
Federalism: Undetermined

Energy Affected: No

Agency Contact: Helen Applewhaite 

Family and Medical Leave Act Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0066 

FAX: 202 693-1387

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB77

 View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and

Placement Results Under Section 503

Abstract: This Advance Notice of Proposed Rulemaking (ANPRM) seeks information regarding 41 CFR parts 60-741. In

particular, the ANPRM invites public comments in respect to improving employment opportunities for individuals with disabilities.

Further, the ANPRM will request information how Federal contractors and subcontractors can conduct more substantive

analyses and fully monitor their recruitment and placement efforts on behalf of individuals with disabilities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-741 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 706 and 793; EO 11758 (3 CFR 1971-1975 Comp., p., 841)

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1250-AA02 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Agency Contact: Lorenzo D. Harrison 

Director, Division of Policy, Planning and Program Development

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room N-3422 FP Building

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Agency Contact: Bruce Bohanon 

Director, Division of Policy, Planning and Program Development

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room N-3422 FP Building

Washington , DC 20210 

Phone: 202 693-0102 

E-Mail: ofccp-public@dol.gov

39

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB78

 View Related Documents

Title: Records To Be Kept by Employers Under the Fair Labor Standards Act

Abstract: The Department of Labor proposes to update the recordkeeping regulations under the Fair Labor Standards Act in

order to enhance the transparency and disclosure to workers of how their pay is computed, and to modernize other

recordkeeping requirements for employees under "telework" and "flexiplace" arrangements.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 516 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 211(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1235-AA04 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined

Energy Affected: No

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB79

 View Related Documents

Title: Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA

Abstract: The Department intends to publish notice and comment rulemaking seeking consideration of a revised

interpretation of Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA). That statutory provision

creates an "advice" exemption from reporting requirements that apply to employers and other persons in connection with

persuading employees about the right to organize and bargain collectively. A proposed revised interpretation would narrow the

scope of the advice exemption.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 405; 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 433; 29 USC 438

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1245-AA03 03/02/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

40

Regulations.gov Monday, April 26, 2010 Unified Agenda
Federalism: No

Energy Affected: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB80

 View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, as amended

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR parts 60-250 and 60-300,

implementing the nondiscrimination and affirmative action provisions of VEVRAA. This NPRM would strengthen the affirmative

action requirements for federal contractors and subcontractors. The NPRM would amend the regulations to require that federal

contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA

and would require the use of numerical targets to measure the effectiveness of affirmative action efforts. The NPRM would also

make revisions to recordkeeping requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-250; 41 CFR 60-300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 793; 38 USC 4211 (2001) (amended 2002); 38 USC 4212 (2001) (amended 2002); EO 11758 (3

CFR 1971 to 1975 Comp, p 841)

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1250-AA00 03/02/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Agency Contact: Bruce Bohanon 

Director, Division of Policy, Planning and Program Development

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room N-3422 FP Building

Washington , DC 20210 

Phone: 202 693-0102 

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB81

 View Related Documents

Title: Construction Contractor Affirmative Action Requirements

41

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR part 60-4 implementing the

affirmative action requirements of Executive Order 11246 that are applicable to Federal and federally assisted construction

contractors. This NPRM would remove outdated regulatory provisions and update the provisions in the regulations that set forth

the actions construction contractors are required to take to implement their affirmative action obligations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1 and 60-4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended; 30 FR 12319; 32 FR 14303, as

amended by EO 12086

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1250-AA01 03/02/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81

Agency Contact: Bruce Bohanon 

Director, Division of Policy, Planning and Program Development

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. Room N-3422 FP Building

Washington , DC 20210 

Phone: 202 693-0102 

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB83

 View Related Documents

Title: Claims for Compensation Under the Federal Employees' Compensation Act

Abstract: ESA’s Office of Workers' Compensation Programs (OWCP) plans to issue new regulations to update its

organizational description to reflect the reorganization that will transform OWCP into a stand-alone organization reporting directly

to the Office of the Secretary of Labor. OWCP administers four major disability compensation programs that provide wage

replacement benefits, medical treatment, vocational rehabilitation and other benefits (such as survivors' benefits) to certain

workers who experience work-related injury or occupational disease. The Federal Employees' Compensation Act (FECA)

provides workers' compensation benefits to Federal workers for employment-related injuries and occupational diseases as well

as survivor benefits for a covered employee's employment-related death. OWCP plans to update its regulations governing

administration of claims under the FECA. The last comprehensive update of the FECA regulations was undertaken more than

10 years ago; since that time a number of improvements have been made to OWCP's processing of claims. The regulations will

be revised to reflect those changes and to incorporate new procedures that will enhance OWCP's ability to administer FECA.

Changes to the regulations will facilitate the return to work of injured workers who are able to work by such measures as

increasing the opportunity for vocational rehabilitation. Revisions to the regulations will also enhance OWCP's ability to

efficiently provide sufficient income and medical care for those who are unable to work. The planned regulatory changes will

better explain the increased automation of the medical billing process; reflect changes in procedure, such as FECA's centralized

mail processing; and also codify changes in case law affecting FECA claims administration. OWCP also plans to modernize the

provision of compensation for employees situated overseas who are neither citizens nor residents of the United States to reflect

current realities in regard to such employees. The regulations will also be revised to reflect a recent statutory change to the

FECA moving the 3-day waiting period before qualifying for wage-loss compensation for employees of the Postal Service.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 1; 20 CFR 10; 20 CFR 25 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 8149

42

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1240-AA03 03/02/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Douglas Fitzgerald 

Director, Division of Federal Employees’ Compensation, Office of Workers’ Compensation Programs

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room S-3229

Washington , DC 20210 

Phone: 202 693-0040 

FAX: 202 693-1497

E-Mail: fitzgerald.douglas@dol.gov

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB84

 View Related Documents

Title: Internet Balloting in Union Officer Elections

Abstract: The Department intends to publish a Request for Information regarding the application of title IV of the LaborManagement Reporting and Disclosure Act (LMRDA) in the context of Internet balloting in union officer elections.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 481 and 482

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to RIN 1245-AA04 03/02/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Employment Standards Administration

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB76

43

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Occupational Exposure to Beryllium

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the United Steel Workers

(formerly the Paper Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen Health Research Group, and others.

The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity,

risks, and patterns of usage. 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 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.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 11/26/2002 67 FR 70707 

SBREFA Report Completed 01/23/2008 

Initiated Peer Review of Health Effects and Risk Assessment 03/22/2010 

Complete Peer Review 11/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC23

 View Related Documents

Title: Methylene Chloride

Abstract: OSHA will undertake 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 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1052 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

44

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

Begin Review 12/01/2006 

Request for Comments 07/10/2007 72 FR 37501 

Comment Period End 10/09/2007 

Reopen Comment Period 01/08/2008 73 FR 1299 

Comment Period End 03/10/2008 

End Review 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: 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

E-Mail: smith.john@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC33

 View Related Documents

Title: Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl

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 next step will be for OSHA to conduct a scientific peer review of its draft risk assessment.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meeting 10/17/2007 72 FR 54619 

ANPRM 01/21/2009 74 FR 3937 

ANPRM Withdrawn 03/17/2009 74 FR 11329 

ANPRM Comment Period End 04/21/2009 

Completed SBREFA Report 07/02/2009 

Initiate Peer Review of Health Effects and Risk Assessment 10/00/2010 

45

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC34

 View Related Documents

Title: Bloodborne Pathogens (610 Review)

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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1030 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 533; 5 USC 610; 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Begin Review 10/22/2009 

Request for Comments 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: 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

E-Mail: smith.john@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC46

 View Related Documents

Title: Infectious Diseases

Abstract: Employees in health care and other high-risk environments face long-standing infectious diseases hazards such as

46

Regulations.gov Monday, April 26, 2010 Unified Agenda
tuberculosis (TB), varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious

disease threats, such as Severe Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care workers and

workers in related occupations or who are exposed in other high-risk environments are at increased risk of contracting TB,

SARS, MRSA, and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is concerned

about the ability of employees to continue to provide health care and other critical services without unreasonably jeopardizing

their health. OSHA is considering the need for a standard to ensure that employers establish a comprehensive infection control

program and control measures to protect employees from infectious disease exposures to pathogens that can cause significant

disease. Workplaces where such control measures might be necessary include: health care, emergency response, correctional

facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased

risk of exposure to potentially infectious people. A standard could also apply to laboratories which handle materials that may be

a source of pathogens, and to pathologists, coroners’ offices, medical examiners, and mortuaries.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669; 29 USC 673; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 04/00/2010 

RFI Comment Period Ends 07/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC48

 View Related Documents

Title: Injury and Illness Prevention Program

Abstract: OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves

planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. OSHA has

substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes. The

Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904-3916), published in 1989. An

injury and illness prevention rule would build on these guidelines as well as lessons learned from successful approaches and

best practices under OSHA's Voluntary Protection Program Safety and Health Achievement Recognition Program and similar

industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10

and Occupation Health and Safety Association 18001. Twelve States have similar rules. As a first step, the Agency plans to hold

stakeholder meetings to obtain input for an injury and illness prevention rulemaking.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 653; 29 USC 655(b); 29 USC 657

47

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meetings 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC49

 View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System

Abstract: OSHA is modernizing its reporting system for occupational injuries and illnesses. An updated and modernized

reporting system would enable a more efficient and timely collection of data and would improve the accuracy and availability of

the relevant records and statistics. As a first step, the Agency plans to hold stakeholder meetings in July 2010.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meetings 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Keith Goddard 

Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3718

Washington , DC 20210 

Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: goddard.keith@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB47

48

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Confined Spaces in Construction

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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926.36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

SBREFA Panel Report 11/24/2003 

NPRM 11/28/2007 72 FR 67351 

NPRM Comment Period End 01/28/2008 

NPRM Comment Period Extended 02/28/2008 73 FR 3893 

Public Hearing 07/22/2008 

Close Record 10/23/2008 

Analyze Comments 10/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Bill Parsons 

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

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB70

 View Related Documents

Title: Occupational Exposure to Crystalline Silica

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 50μg/m3 and 25μg/m3 exposure limits, respectively, for respirable

crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed

to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials

has published a recommended standard for addressing the hazards of crystalline silica. The Building Construction Trades

Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include

provisions for methods of compliance, exposure monitoring, training, and medical surveillance. OSHA is currently developing a

NPRM.

49

Regulations.gov Monday, April 26, 2010 Unified Agenda
Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit

the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Completed SBREFA Report 12/19/2003 

Initiated Peer Review of Health Effects and Risk Assessment 05/22/2009 

Completed Peer Review 01/24/2010 

NPRM 02/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: Yes

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB80

 View Related Documents

Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards and establishing requirements

for personal fall protection systems. Slips, trips, and falls are among the leading causes of work-related injuries and fatalities.

Since that time, new technologies and procedures have become available to protect employees from these hazards. The

Agency has been working to update these rules to reflect current technology. OSHA published a notice to re-open the

rulemaking for comment on May 2, 2003, because a number of issues were raised in the NPRM record. As a result of the

comments received on that notice, OSHA has determined that the rule proposed in 1990 is out-of-date and does not reflect

current industry practice or technology. The Agency is developing a new proposal, modified to reflect current information, as well

as to re-assess the impact.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subparts D and I (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/10/1990 55 FR 13360 

NPRM Comment Period End 08/22/1990 

Hearing 09/11/1990 55 FR 29224 

Reopen Record 05/02/2003 68 FR 23527 

Comment Period End 07/31/2003 

Second NPRM 05/00/2010 

50

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC19

 View Related Documents

Title: Standards Improvement Project (SIP III)

Abstract: OSHA is continuing its efforts to remove or revise duplicative, unnecessary, and inconsistent safety and health

standards. This effort builds upon the success of the Standards Improvement Project (SIP) Phase I published on June 18, 1998

(63 FR 33450), and Phase II published on January 5, 2005 (70 FR 1111). The Agency believes that such changes can reduce

compliance costs and reduce the paperwork burden associated with a number of its standards. The Agency will only consider

such changes if they do not diminish employee protections. To initiate the project, OSHA published an advance notice of

proposed rulemaking (ANPRM) on December 21, 2006, to solicit input from the public on rules that may be addressed in Phase

III of SIP. The Agency plans to include both safety and health topics in Phase III. OSHA is currently developing a NPRM.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/21/2006 71 FR 76623 

ANPRM Comment Period End 02/20/2007 

Analyze Record 04/30/2007 

NPRM 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC20

51

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Hazard Communication

Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the

hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and

associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are

required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and

training for employees. Within the United States (U.S.), there are other Federal agencies that also have requirements for

classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that

have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These

laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g.,

specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are

substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in

different nations. The diverse and sometimes conflicting national and international requirements can create confusion among

those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are

unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important

statements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major compliance

burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have

particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the

extensive international trade in chemicals, there has been a long-standing effort to harmonize these requirements and develop a

system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of

Classification and Labeling of Chemicals (GHS). Countries are now adopting the GHS into their national regulatory systems. In

September 2009, OSHA published a NPRM to modify its HCS to make it consistent with the GHS. This would involve changing

the criteria for classifying health and physical hazards, adopting standardized labeling requirements, and requiring a

standardized order of information for safety data sheets.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

(To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/12/2006 71 FR 53617 

ANPRM Comment Period End 11/13/2006 

Complete Peer Review of Economic Analysis 11/19/2007 

NPRM 09/30/2009 74 FR 50279 

NPRM Comment Period End 12/29/2009 

Hearing 03/02/2010 

Hearing 03/31/2010 

Post Hearing Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: Yes

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

52

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC32

 View Related Documents

Title: Cooperative Agreements

Abstract: OSHA proposes to revise its regulations for the federally funded On-site Consultation Program to: a) Clarify the

ability of the Assistant Secretary to define sites which would receive inspections regardless of Safety and Health Achievement

Recognition Program (SHARP) exemption status; b) allow Compliance Safety and Health Officers to proceed with enforcement

visits resulting from referrals at sites undergoing Consultation visits and at sites that have been awarded SHARP status; and c)

limit the deletion period from OSHA's programmed inspection schedule for those employers participating in the SHARP program.

Note: SHARP is a recognition program that OSHA administers to provide incentives and support for small employers to develop,

implement, and continuously improve effective safety and health programs at their worksites.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1908 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 656 and 657; 29 USC 670

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Steven F. Witt

Director, Directorate of Cooperative and State Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3700, FP Building

Washington , DC 20210 

Phone: 202 693-2200 

FAX: 202 693-1671

E-Mail: witt.steven@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC50

 View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

Abstract: This proposal involves changes to two aspects of the OSHA recordkeeping and reporting requirements. First,

OSHA is proposing to update appendix A to subpart B of part 1904. This appendix contains a list of industries that are partially

exempt from the requirements to maintain a log of occupational injuries and illnesses, generally due to their relatively low rates

of occupational injury and illness. The current list of industries is based on the Standard Industrial Classification (SIC) system. In

1997, an newer system, the North American Industry Classification System (NAICS), was introduced to classify establishments

by industry. The proposed rule would update appendix A by replacing it with a list of industries based on the NAICS and based

on more recent occupational injury and illness rates. Second, OSHA is proposing to revise the reporting requirements regarding

the obligations of employers to report to OSHA the occurrence of fatalities and certain injuries. The existing regulations require

employers to report to OSHA within 8 hours any work-related incident resulting in the death of an employee or the in-patient

hospitalization of three or more employees.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 657

53

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Keith Goddard 

Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3718

Washington , DC 20210 

Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: goddard.keith@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB50

 View Related Documents

Title: General Working Conditions for Shipyard Employment

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. The operations addressed in this rulemaking relate to

general working conditions such as housekeeping, illumination, sanitation, first aid, and lockout/tagout. An estimated 100,000

workers are potentially exposed to these hazards each year. The proposed rule was published December 20, 2007, and public

hearings were held in 2008. OSHA is currently developing a final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1915, subpart F (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/20/2007 72 FR 72451 

NPRM Comment Period End 03/19/2008 

Public Hearings Held--September 9-10, 2008 06/30/2008 73 FR 36823 

Public Hearings Held--October 21-22, 2008 09/19/2008 73 FR 54340 

Public Hearing Comment Period End 02/20/2009 

Analyze Record 07/31/2009 

Final Rule 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

54

Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB67

 View Related Documents

Title: Electric Power Transmission and Distribution; Electrical Protective Equipment

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 March 6 to 14, 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 is currently developing a final rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910.136 to 1910.137; 29 CFR 1910.269; 29 CFR 1926, subpart V; 29 CFR 1926.97 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

SBREFA Report 06/30/2003 

NPRM 06/15/2005 70 FR 34821 

NPRM Comment Period End 10/13/2005 

Public Hearing To Be Held 03/06/2006 10/12/2005 70 FR 59290 

Comment Period Extended to 01/11/2006 10/12/2005 70 FR 59290 

Posthearing Comment Period End 07/14/2006 

Reopen Record 10/22/2008 73 FR 62942 

Comment Period End 11/21/2008 

Close Record 11/21/2008 

Second Reopening Record 09/14/2009 74 FR 46958 

Comment Period End 10/15/2009 

Public Hearings 10/28/2009 

Posthearing Comment Period End 02/10/2010 

Final Rule 02/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local

Federalism: No

Energy Affected: No

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

55

Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC01

 View Related Documents

Title: Cranes and Derricks in Construction

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 is scheduled to be published in July 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent To Establish Negotiated Rulemaking 07/16/2002 67 FR 46612 

Comment Period End 09/16/2002 

Request for Comments on Proposed Committee Members 02/27/2003 68 FR 9036 

Request for Comments Period End 03/31/2003 68 FR 9036 

Established Negotiated Rulemaking Committee 06/12/2003 68 FR 35172 

Rulemaking Negotiations Completed 07/30/2004 

SBREFA Report 10/17/2006 

NPRM 10/09/2008 73 FR 59714 

NPRM Comment Period Extended 12/02/2008 73 FR 73197 

NPRM Comment Period End 01/22/2009 

Public Hearing 03/20/2009 

Close Record 06/18/2009 

Final Rule 07/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Bill Parsons 

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

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC25

 View Related Documents

Title: Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes

56

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: Section 629, the employee protection provision of the Energy Policy Act of 2005, amended the Energy

Reorganization Act of 1978, 42 U.S.C. section 5851. The amendments add Department of Energy and Nuclear Regulatory

Commission employees to the employees covered under the Act, as are contractors and subcontractors of the Commission. In

addition, Congress added a "kick-out" provision allowing the complainant to remove the complaint to District Court if the

Secretary of Labor has not issued a final decision within a year of the filing of the complaint. These are significant changes to

the ERA, necessitating immediate revision of the regulations, 29 CFR part 24, Procedures for the Handling of Discrimination

Complaints under Federal Employee Protection Statutes, which governs whistleblower investigations under the Energy

Reorganization Act of 1978 as well as under six EPA statutes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 24 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 2622; 33 USC 1367; 42 USC 300j-9(i); 42 USC 5851; 42 USC 6971; 42 USC 7622; 42 USC

9610

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/10/2007 72 FR 44956 

Interim Final Rule Comment Period End 10/09/2007 

Final Action 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC27

 View Related Documents

Title: Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach

Abstract: OSHA is proposing to adjust the methodology it uses to establish the fees that the Agency charges for the services

it provides to Nationally Recognized Testing Laboratories (NRTLs). A number of OSHA standards require that certain products

and equipment used in the workplace be tested and certified by an organization that has been recognized by OSHA. OSHA

requires NRTL applicants to provide detailed and comprehensive information about their programs, processes, and procedures

in writing when they apply. OSHA reviews the written information and conducts an on-site assessment to determine whether the

organization meets the requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL applies for expansion or

renewal of its recognition. In addition, the Agency conducts annual audits to ensure that the recognized laboratories maintain

their programs and continue to meet the recognition requirements. In 2000, OSHA began charging NRTLs for the services it

provides them. The services are processing of NRTL applications and audits of NRTL operations, and they define the

fundamental functions of the NRTL Program. OSHA has determined that its current NRTL fee schedule does not recoup the full

costs of the services performed because it does not recover certain indirect costs of those services. These indirect costs stem

from attendant activities and accrue to the benefit of those services. OSHA’s proposed fee schedule would account for these

indirect costs. In determining the revised fee structure, OSHA will follow the guidelines established by the Office of Management

and Budget in Circular Number A-25. The proposed schedule will require prepayment of all the fees, which complies with the

circular and changes the timing of the payment of many of the fees. OSHA is currently developing a final rule.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

57

Regulations.gov Monday, April 26, 2010 Unified Agenda
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.7(f) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/07/2009 74 FR 64027 

NPRM Comment Period End 01/21/2010 

Final Action 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3655

Washington , DC 20210 

Phone: 202 693-2110 

FAX: 202 693-1644

E-Mail: garrahan.maryann@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC36

 View Related Documents

Title: Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act of 2007;

Surface Transportation Assistance Act of 1982, as Amended; and Federal Rail Safety Act

Abstract: OSHA will implement procedures for the handling and investigation of retaliation complaints pursuant to section

1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act amended the Federal Rail Safety

Act (FRSA), to establish a new whistleblower protection provision to be administered by OSHA that provides protections from

retaliation to employees working for railroad carriers and their contractors and subcontractors who report potential violations or

engage in certain activities related to safety and security. OSHA will implement procedures for the handling and investigation of

retaliation complaints pursuant to section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007.

Section 1413, known as the National Transit Systems Security Act (NTSSA), included a new whistleblower protection provision

to be administered by OSHA that provides protection from retaliation to employees of public transportation agencies and their

contractors and subcontractors who report potential violations or engage in certain activities related to safety and security.

OSHA will amend 29 CFR 1978, the procedures applicable to the handling and investigation of whistleblower complaints under

the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105, to implement statutory changes enacted by Congress

under section 1536 of the Implementing Recommendations of the 9/11 Commission Act of 2007, and to provide other

procedural updates as needed. The statute provides retaliation protection to employees working for commercial motor carriers

who report potential violations or engage in certain activities related to safety and security. Pursuant to these statutes, the rules

will set forth the procedures for handling and investigating retaliation complaints, including a statutory "kick-out" provision

allowing the complainant to file the complaint in District Court if the Secretary of Labor has not issued a final decision within 210

days of the filing of the complaint. Immediate implementation of these regulations is necessitated to govern whistleblower

investigations conducted under the new and revised statutes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1978 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-53, sec 1521, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC

20109; PL 110-53, sec 1413, The Implementing Recommendations of the 9/11 Commission Act of 2007; PL 110-53, sec 1536,

The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 31105; ...

Legal Deadline: None

58

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC45

 View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

Abstract: The Occupational Safety and Health Administration (OSHA) issued a final rule on Occupational Injury and Illness

Recording and Reporting Requirements (66 FR 5916, Jan. 19, 2001), that became effective January 1, 2002. After a regulatory

review, the Agency determined that two provisions of the final rule would be delayed and reconsidered; the recording of

occupational hearing loss (1904.10) and the recording of work-related musculoskeletal disorders (WMSDs) (1904.12) (66 FR

35113, Jul. 3, 2001). Subsequently, OSHA issued a final 1904.10 regulation setting recording criteria for occupational hearing

loss (67 FR 44037, Jul. 1, 2002). Following notice and comment, OSHA published another final rule to remove the WMSD

definition from the regulation and remove a separate column for identifying WMSDs from the OSHA 300 Log of Work-Related

Injuries and Illness (68 FR 38601, Jun. 30, 2003). OSHA has reconsidered the need for a 300 Log column for WMSD, and for

defining "musculoskeletal disorders" for recordkeeping purposes. The Agency believes that additional data on WMSDs may help

employers and workers track these injuries at individual workplaces, and that the Nation’s occupational injury and illness

information may benefit from improved statistics on WMSD. Improved WMSD information might also assist the Agency in its

day-to-day activities and overall safety and health policymaking. Therefore, OSHA published a proposed rule to add a definition

of WMSD to 29 CFR part 1904 and a separate column on the 300 Log to track this class of injury/illness. The Agency is

developing a final rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/29/2010 75 FR 4728 

NPRM Comment Period End 03/09/2010 75 FR 10738 

Public Meeting 03/09/2010 

Extension of Comment Period End 03/30/2010 

Final Action 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

59

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC47

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer

Product Safety Improvement Act (CPSIA) of 2008

Abstract: OSHA is proposing to promulgate procedures for the handling and investigation of retaliation complaints pursuant

to Section 219 of the Consumer Product Safety Improvement Act of 2008. This section established a new whistleblower

protection statute to be administered by OSHA that provides protection from retaliation to employees in the consumer product

industry, including employees of manufacturers, importers, private labelers, distributors and retailers, who report reasonably

believed violations of the Consumer Product Safety Act or any other Act enforced by the Consumer Product Safety Commission,

or any order, rule, regulation, standard, or ban under those Acts. Pursuant to the statute, the procedures will include remedies

and legal burdens of proof provisions. Additionally, the Act includes a "kick-out" provision that allows the complainant to file the

complaint in District Court if the Secretary has not issued a final determination within 210 days, or within 90 days after receiving

a written determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the

new statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1983 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-314, sec 219, the Consumer Product Safety Improvement Act of 2008; 15 USC 2087

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC41

 View Related Documents

Title: Combustible Dust

Abstract: OSHA has commenced rulemaking to develop a combustible dust standard for general industry. The U.S. Chemical

Safety Board (CSB) completed a study of combustible dust hazards in late 2006, which identified 281 combustible dust incidents

between 1980 and 2005 that killed 119 workers and injured another 718. Based on these findings, the CSB recommended the

60

Regulations.gov Monday, April 26, 2010 Unified Agenda
Agency pursue a rulemaking on this issue. OSHA has previously addressed aspects of this risk. For example, on July 31, 2005,

OSHA published the Safety and Health Information Bulletin, "Combustible Dust in Industry: Preventing and Mitigating the

Effects of Fire and Explosions." Additionally, OSHA implemented a Combustible Dust National Emphasis Program (NEP) March

11, 2008. However, the Agency does not have a comprehensive standard that addresses combustible dust hazards. OSHA will

use the information gathered from the NEP to assist in the development of this rule. OSHA published an ANPRM October 21,

2009. Additionally, stakeholder meetings were held in Washington, DC on December 14, 2009, and in Atlanta, GA on February

17, 2010. Additional meetings are scheduled for April 21, 2010, in Chicago, IL.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subpart H (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 6559(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/21/2009 74 FR 54333 

Stakeholder Meetings 12/14/2009 

ANPRM Comment Period End 01/19/2010 

Stakeholder Meetings 02/17/2010 

Stakeholders Meetings 03/09/2010 75 FR 10739 

Initiate SBREFA 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB89

 View Related Documents

Title: Hearing Conservation Program for Construction Workers

Abstract: OSHA is withdrawing this entry from the agenda at this time due to resource constraints and other priorities.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1926.52 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/05/2002 67 FR 50610 

ANPRM Comment Period End 11/04/2002 

Stakeholder Meetings 03/24/2004 

Additional Stakeholder Meeting 07/21/2004 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Withdrawn 04/26/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC09

 View Related Documents

Title: Explosives

Abstract: The OSHA regulations for explosives and blasting agents were published in 1974. 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 published a proposed rule on April 13, 2007,

and ended the comment period on July 17, 2007. The Agency has since decided to withdraw the proposed rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.109 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/13/2007 72 FR 18791 

NPRM Comment Period Extended to September 10, 2007 07/09/2007 72 FR 37155 

NPRM Comment Period End 07/17/2007 72 FR 39041 

NPRM Comment Period End 07/12/2007 

Withdrawn 02/03/2010 75 FR 5545 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC17

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Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Emergency Response and Preparedness

Abstract: OSHA is withdrawing this entry from the agenda at this time due to resource constraints and other priorities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 09/11/2007 72 FR 51735 

Comment Period End 12/10/2007 

Withdrawn 04/26/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC22

 View Related Documents

Title: Revision and Update of Standards for Power Presses

Abstract: OSHA is withdrawing this entry from the agenda at this time due to resource constraints and other priorities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/04/2007 72 FR 30729 

ANPRM Comment Period End 08/03/2007 

Withdrawn 04/26/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

63

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC39

 View Related Documents

Title: Abbreviated Portacount® Quantitative Fit-Testing Protocol

Abstract: Appendix A of OSHA's Respiratory Protection Standard (29 CFR 1910.134) specifies the procedure for adding new

test protocols to this standard. OSHA proposes to include two additional protocols for the PortaCount® quantitative fit testing

methodology in its Respiratory Protection Standard; the proposed protocols would apply to employers in general industry,

shipyard employment, and the construction industry. The revised PortaCount® quantitative fit testing protocols are referred to as

the Revised PortaCount® Quantitative Fit Test Protocol 1 and Protocol 2. The only difference between the proposed revised

PortaCount® Protocol 1 and the approved PortaCount® protocol is that the revised Protocol 1 requires that the seven test

exercises be performed for 30 seconds instead of the 60 seconds per test currently required. The revised Protocol 2 would

reduce exercise time to 40 seconds instead of the currently required 60 seconds, eliminate two of the eight fit testing exercises,

and would raise the pass/fail criterion from 100 to 200 for half-masks and 500 to 1,000 for full facepieces. After thoroughly

reviewing the comments and other information available in the record for the proposed rulemaking, OSHA concludes that the

reused Portacount®Quantitative Fit-Testing Protocols are not sufficiently accurate or reliable to include among the quantitative

fit-tests listed in Part II of the appendix A of its Respiratory Protection Standard. As a result, OSHA published a withdrawal

notice on January 27, 2010.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.134 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/21/2009 74 FR 3526 

NPRM Comment Period End 03/23/2009 

Analyze Record 06/30/2009 

Withdrawn 01/27/2010 75 FR 4323 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC40

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Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Tree Care Operations

Abstract: OSHA is withdrawing this entry from the agenda at this time due to resource constraints and other priorities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 23 USC 655(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/18/2008 73 FR 54118 

ANPRM Comment Period End 12/17/2008 

Withdrawn 04/26/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC43

 View Related Documents

Title: Occupational Exposure to Hexavalent Chromium; Final Rule Remand

Abstract: On February 28, 2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr(VI))

(29 CFR 1910.1026, 29 CFR 1915.1026, 29 CFR 1926.1126). Public Citizen Health Research Group (Public Citizen) and other

parties petitioned for review of the standard in the United States Court of Appeals for the Third Circuit. The court denied the

petitions for review on all but one issue. The Third Circuit remanded the employee notification requirements in the standard's

exposure determination provisions for further consideration. More specifically, the court directed the Agency to provide an

explanation for its decision to limit employee notice requirements to circumstances in which Cr(VI) exposures exceed the

permissible exposure limit (PEL) or to take other appropriate action with respect to that paragraph of the standard. After

carefully reviewing the rulemaking record on this issue, OSHA has decided to revise the notification requirements, by means of

a direct final rule (DFR), to require employers to notify employees of the results of all exposure determinations, regardless of

exposure level. OSHA has published a companion NPRM, which will be used if OSHA receives any substantive adverse

comments on the DFR.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1026(d)(4); 29 CFR 1915.1026(d)(4); 29 CFR 1926.1126(d)(4) (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

65

Regulations.gov Monday, April 26, 2010 Unified Agenda
Respond to Remand 09/30/2009 

Direct Final Rule 03/19/2010 75 FR 12681 

NPRM 03/16/2010 75 FR 12485 

Direct Final Rule Comment Period End 04/16/2010 

NPRM Comment Period End 04/15/2010 

Direct Final Rule Effective 06/15/2010 

Additional Information: This regulation was previously reported as 1218-AB45. A NPRM was published October 4, 2004

(69 FR 53905), and a final rule was published February 28, 2006 (71 FR 10100).

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1218-AB45

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

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB65

 View Related Documents

Title: Proximity Detection Systems for Underground Mines

Abstract: MSHA published a request for information in the Federal Register seeking information relative to the use of a

proximity detection system to address pinning, crushing, and striking hazards associated with the operation of machinery

underground. MSHA is analyzing comments received in response to the request for information to determine the next step.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 02/01/2010 75 FR 5009 

RFI Comment Period Ends 04/02/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

66

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB70

 View Related Documents

Title: Metal and Nonmetal Dams

Abstract: Nearly 2,000 impoundments exist at metal and nonmetal mines. Impoundment failures can endanger lives and

damage property. MSHA will issue an advance notice of proposed rulemaking requesting information about proper design,

construction, operation and maintenance of impoundments at metal and nonmetal mines, as well as related safety issues for

impoundments at metal and nonmetal mines.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 56; 30 CFR 57 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 812

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB71

 View Related Documents

Title: Safety and Health Management Programs for Mines

Abstract: MSHA will develop a request for information (RFI) to solicit information from the mining community on suggestions

for addressing injury and illness prevention through implementation of comprehensive safety and health management programs.

The RFI will solicit information in the areas of management commitment and employee involvement; worksite analysis; hazard

prevention controls; safety and health training; preshift examination for violations of any mandatory safety or health standards

and correction of those that are identified; and program evaluation.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 56 and 57; 30 CFR 75 and 77 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811 and 812

Legal Deadline: None

Timetable:

Action Date FR Cite

67

Regulations.gov Monday, April 26, 2010 Unified Agenda
Request for Information 10/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB37

 View Related Documents

Title: Revising Electrical Product Approval Regulations

Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and Accessories) describes the approval requirements for

electrically operated machines and accessories intended for use in underground gassy mines, and for related matters, such as

approval procedures, certification of components, and acceptance of flame-resistant hoses and conveyor belts. Aside from

minor modifications, part 18 has been largely unchanged since it was promulgated in 1968. MSHA is proposing revisions to

improve the efficiency of the approval process, recognize new technology, add quality assurance provisions, address existing

policies through the rulemaking process, and reorganize portions of the approval regulations. MSHA will be addressing the

requirements in this part in phases. The first phase, Flame-Resistance Testing of Mining Materials, was completed with the final

rule published on December 31, 2008 (73 FR 80580). The second phase will be Intrinsic Safety Requirements. This action will

be published second because the MINER Act required underground coal mine operators to submit an Emergency Response

Plan (ERP) that sets forth a means of providing post-accident communication and electronic tracking.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM (Phase 1) 06/19/2008 73 FR 35026 

NPRM Comment Period End 09/08/2008 

Final Action--Phase 1 12/31/2008 73 FR 80580 

NPRM--Phase 2 Intrinsic Safety Requirements 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

68

Regulations.gov Monday, April 26, 2010 Unified Agenda
Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB64

 View Related Documents

Title: Lowering Miners' Exposure to Coal Mine Dust Including Continuous Personal Dust Monitors

Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust

standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (black lung)

and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving the health

conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease, according to the

National Institute for Occupational Safety and Health (NIOSH). In September 1995, NIOSH issued a Criteria Document in which

it recommended that the respirable coal mine dust permissible exposure limit (PEL) be cut in half. In February 1996, the

Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners

(Advisory Committee) to assess the adequacy of MSHA’s current program and standards to control respirable dust in

underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The

Committee represented the labor, industry and academic communities. The Committee submitted its report to the Secretary of

Labor in November 1996, with the majority of the recommendations unanimously supported by the Committee members. The

Committee recommended a number of actions to reduce miners' exposure to respirable coal mine dust. This proposed rule is an

important element in MSHA's Comprehensive Black Lung Reduction Strategy (Strategy) to "End Black Lung Now" and combines

the following rulemaking actions: (1) "Occupational Exposure to Coal Mine Dust (Lowering Exposure)," RIN 1219-AB64; (2)

"Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust," RIN

1219-AB14; (3) "Determination of Concentration of Respirable Coal Mine Dust," RIN 1219-AB18; and (4) "Respirable Coal Mine

Dust: Continuous Personal Dust Monitor (CPDM)," RIN 1219-AB48.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 75; 30 CFR 90 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 812

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 1219-AB61

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB67

69

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Notification of Legal Identity

Abstract: Currently required information does not provide sufficient information for MSHA to identify all of the mine

"operators" responsible for operator safety and health obligations under the Federal Mine Safety and Health Act of 1977, as

amended. This new regulation would expand the information required to be submitted to MSHA and allow the Agency to better

focus on the most egregious or persistent violators and more effectively deter future violations by imposing penalties and other

remedies on those violators.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 41 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 801; 30 USC 813(h); 30 USC 819(d); 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB72

 View Related Documents

Title: Criteria and Procedures for Proposed Assessment of Civil Penalties

Abstract: MSHA will develop a proposed rule to revise the process for proposing civil penalties. The assessment of civil

penalties is a key component in MSHA's strategy to enforce safety and health standards. The Congress intended that the

imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take

necessary action to prevent safety and health hazards before they occur. MSHA believes that the procedures for assessing civil

penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811 and 812

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis

70

Regulations.gov Monday, April 26, 2010 Unified Agenda
Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB73

 View Related Documents

Title: Pattern of Violations

Abstract: Under 30 CFR 104(e) of the Federal Mine Safety and Health Act of 1977, a mine operator can receive a Pattern of

Violations notice. The pattern criteria and procedures are contained in the regulations in 30 CFR part 104. MSHA will review

these regulations with the goal of improving consistency in the application of the pattern of violations notice, and requiring

implementation of safety and health management program.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 814(e); 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB75

 View Related Documents

Title: Preshift Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Safety or Health Standards

Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly.

71

Regulations.gov Monday, April 26, 2010 Unified Agenda
Operator preshift examinations for hazards and violations of mandatory health or safety standards are mandated in the Mine Act

and are a critical component of an effective safety and health program for underground mines. While this requirement was

previously included in regulations, the 1992 final rule addressing ventilation in underground coal mines only included the

requirement that the preshift examiner look for hazards. The 1992 rule omitted from the regulation text taken from the Mine Act

requiring examination for violations of mandatory safety or health standards. The re-institution of this practice should result in

reduced risk of injury, death, and illness and should lead to fewer citations for safety and health violations during MSHA

compliance inspections of underground mines. This proposed rule will complement the request for information concerning Safety

and Health Management Programs for Mines (1219-AB71).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 961

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1219-AB71

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB36

 View Related Documents

Title: Respirable Crystalline Silica Standard

Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. The coal mining industry standard

is based on the formula 10 mg/m3 divided by the percentage of quartz where the quartz percent is greater than 5 percent

calculated as an MRE equivalent concentration. The metal and nonmetal mining industry standard is based on the 1973

American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values formula: 10 mg/m3 divided by the

percentage of quartz plus 2. Overexposure to crystalline silica can result in some miners developing silicosis, an irreversible but

preventable lung disease, which ultimately may be fatal. Both formulas are designed to limit exposures to 0.1 mg/m3 (100 ug) of

silica. The Secretary of Labor's Advisory Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers made

several recommendations related to reducing exposure to silica. NIOSH recommends a 50 ug/m3 exposure limit for respirable

crystalline silica. MSHA will publish a proposed rule to address miners' exposure to respirable crystalline silica.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 56 to 57; 30 CFR 70 to 72; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 30 USC 811; 30 USC 813

Legal Deadline: None

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: No

Energy Affected: Undetermined

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB34

 View Related Documents

Title: High-Voltage Continuous Mining Machine Standard for Underground Coal Mines

Abstract: MSHA's July 16, 2004, NPRM (69 FR 42812) proposed to establish design requirements for approval of highvoltage continuous mining machines operating where miners work in underground mines. The rule also proposed to establish

new mandatory electrical safety standards for the installation, use, and maintenance of the high-voltage continuous mining

machines used in underground coal mines. MSHA published a supplemental NPRM on March 28, 2006 (71 FR 15359). The

supplemental NPRM proposed and requested comments on two issues arising from oral and written comments that MSHA

received during the hearing and post-hearing comment period on the NPRM. These issues involved: (1) The types of trailing

cables that can be used with high-voltage continuous mining machines; and (2) a requirement to use high-voltage insulating

gloves or other personal protective equipment when handling energized high-voltage trailing cables. MSHA regularly receives

petitions for modifications from coal mine operators seeking permission to use high-voltage continuous mining machines. MSHA

believes that, with appropriate safeguards, such machines are safe for use and routinely grants these petitions.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 18; 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/16/2004 69 FR 42812 

NPRM Comment Period End 09/14/2004 

Second NPRM 03/28/2006 71 FR 15359 

Second NPRM Comment Period End 05/30/2006 

Final Action 04/06/2010 75 FR 17529 

Final Action Effective 06/07/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB48

 View Related Documents

Title: Coal Mine Respirable Dust: Continuous Personal Dust Monitor (CPDM)

Abstract: On June 24, 2003, MSHA announced that all work on its Plan Verification and Single Sample Respirable Coal Mine

Dust final rules would cease and the rulemaking record would remain open in order to obtain information concerning Continuous

Personal Dust Monitors (CPDMs) being tested by NIOSH. A Federal Register notice was published on July 3, 2003, extending

the comment periods indefinitely. NIOSH issued a report on the CPDM in September 2006, and another report concerning test

results published in January 2008. MSHA is combining this rulemaking with the rulemaking "Lowering Miners' Exposure to Coal

Mine Dust Including Continuous Personal Dust Monitors."

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 10/14/2009 74 FR 52708 

Request for Information Comment Period End 12/14/2009 

Merged With 1219-AB64 02/18/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB60

 View Related Documents

Title: Smoke Density and Toxicity

Abstract: MSHA does not anticipate doing additional rulemaking at this time.

74

Regulations.gov Monday, April 26, 2010 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Section 101 of the Federal Mine Safety and Health Act (PL 95-164)

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 06/19/2008 73 FR 35057 

Comment Period End 08/18/2008 

Comment Period Extended to 9/8/2008 08/21/2008 73 FR 49373 

Withdrawn 02/18/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB61

 View Related Documents

Title: Coal Mine Dust Sampling Devices

Abstract: Existing 30 CFR part 74 specifies requirements for approval of coal mine dust personal sampler units designed to

determine the concentrations of respirable coal dust in coal mine atmospheres, procedures for applying for such approval, tests

procedures, and labeling. This rulemaking would establish new requirements that both the National Institute for Occupational

Safety and Health (NIOSH) and Mine Safety and Health Administration (MSHA) would use to approve coal mine dust personal

samplers. The requirements would permit the approval of a new type of device, the "continuous personal dust monitor." It would

also update design specifications for the coal mine dust personal sampler units to include improvements made to this device in

the past 15 years. This rulemaking does not address the requirements in 30 CFR parts 70, 71, and 90 on the use of dust

samplers.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 74 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 957; 30 USC 961

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/16/2009 74 FR 2915 

NPRM Comment Period End 03/17/2009 

Notice of Hearing; Reopening of Comment Period 06/09/2009 74 FR 27263 

NPRM Comment Period Extended 08/14/2009 

Final Action 04/06/2010 75 FR 17512 

Final Action Effective 06/07/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

75

Regulations.gov Monday, April 26, 2010 Unified Agenda
Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB63

 View Related Documents

Title: Criteria and Procedures for Proposed Assessment of Civil Penalties/Recordkeeping and Reporting: Immediate

Notification

Abstract: Consistent with the MINER Act, MSHA's civil penalty regulations require a specified penalty for failure to report

certain types of accidents. Under the existing regulations, MSHA must review all violations of section 50.10 under section

100.5(f) for special assessment. The direct final rule makes nonsubstantive organizational and clarifying changes to improve the

efficiency and effectiveness of the Agency's procedures for processing civil penalties. MSHA stated the Agency would withdraw

the direct final rule if the Agency received significant adverse comments. Because the Agency did not receive any significant

adverse comments, the direct final rule became effective. Comments on the direct final rule and the proposal indicate that some

members of the mining industry misunderstood the Agency's intent. For clarification, the Agency intends that the phrase, "any

other accident," as used in section 50.10(d) refers to: (1) An entrapment of an individual for more than 30 minutes and (2) any

other accident as defined in section 50.2(h)(4)-(12).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 100; 30 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 815; 30 USC 820; 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/29/2009 74 FR 68920 

Direct Final Rule 12/29/2009 74 FR 68918 

NPRM Comment Period End 03/01/2010 

Direct Final Rule Effective 03/29/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

76

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA02

 View Related Documents

Title: Nondisplacement of Qualified Workers Under Service Contracts

Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of Qualified Workers Under Service Contracts,

establishes the policy that Federal service contracts generally include a clause requiring the contractor and its subcontractors,

under a contract that succeeds a contract for the same or similar service at the same location, to offer qualified employees

(except managerial and supervisory personnel) employed on the predecessor contract a right of first refusal to employment

under the successor contract. The order assigns enforcement responsibility to the Secretary of Labor and directs the Secretary,

in consultation with the Federal Acquisition Regulatory Council, to issue regulations to implement the order.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 9 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13495, sec 4 to 6; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/19/2010 75 FR 13382 

NPRM Comment Period End 05/18/2010 

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB69

Agency Contact: Timothy Helm 

Government Contracts Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0064 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA03

 View Related Documents

Title: The Family and Medical Leave Act of 1993, as Amended

Abstract: DOL will propose regulatory changes to implement the National Defense Authorization Act for FY 2010, which

further expanded the existing military leave provisions; and the Airline Flight Crew Technical Corrections Act, which expanded

FMLA eligibility requirements to include airline flight crews.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 825 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 2654

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

77

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB76

Agency Contact: Helen Applewhaite 

Family and Medical Leave Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0066 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA04

 View Related Documents

Title: Records To Be Kept by Employers Under the Fair Labor Standards Act

Abstract: The Department of Labor proposes to update the recordkeeping regulations under the Fair Labor Standards Act in

order to enhance the transparency and disclosure to workers of how their pay is computed, and to modernize other

recordkeeping requirements for employees under "telework" and "flexiplace" arrangements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 516 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 211(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB78

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA00

 View Related Documents

Title: Amendments to the Fair Labor Standards Act

78

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: Small Business Job Protection Act of 1996 (H.R. 3448) enacted on August 20, 1996 (Pub. L. 104-188, title II),

amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The U.S. Troop Readiness, Veterans' Care,

Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28) also amended the FLSA by increasing the

minimum wage in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25

per hour effective July 24, 2009. Changes will be required in the regulations to reflect these amendments. Other updates will

address needed clarifications to additional sections of the regulations, including sections affected by Public Law 106-151,

section 1 (Dec. 9, 1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2000), 114 Stat. 308.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 778 to 780; 29 CFR 785 to 786; 29 CFR 790 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2008 73 FR 43654 

NPRM Comment Period Extended 08/22/2008 73 FR 49621 

NPRM Comment Period End 09/11/2008 

Final Action 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB13

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA01

 View Related Documents

Title: Child Labor Regulations, Orders, and Statements of Interpretation

Abstract: The Department of Labor continues to review the Fair Labor Standards Act child labor provisions to ensure that the

implementing regulations provide job opportunities for working youth that are healthy and safe and not detrimental to their

education, as required by the statute (29 U.S.C. sections 203(l), 212(c), 213(c), and 216(e)). This final rule will update the

regulations to reflect statutory amendments enacted in 2004, and will propose, among other updates, revisions to address

several recommendations of the National Institute for Occupational Safety and Health (NIOSH) in its 2002 report to the

Department of Labor on the child labor Hazardous Occupations Orders (HOs) (available at

http://www.youthrules.dol.gov/resources.htm).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)

Legal Deadline: None

Timetable:

79

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

NPRM 04/17/2007 72 FR 19337 

NPRM Comment Period End 07/16/2007 

Final Action 04/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB57

Agency Contact: Arthur M. Kerschner

Child Labor and Special Employment Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0072 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA05

 View Related Documents

Title: Application of the Fair Labor Standards Act to Domestic Service

Abstract: Fair Labor Standards Act (FLSA) section 13(a)(15) provides an exemption from minimum wage and overtime

compensation for domestic employees engaged in providing companionship services. FLSA section 13(b)(21) provides an

exemption from overtime compensation for live-in domestic employees. In light of significant changes in the home care industry,

the DOL is proposing to update regulations at 29 CFR part 552, Application of the FLSA to Domestic Service, including

examining the definition of "companionship services," the criteria used to judge whether employees qualify as trained personnel

who are not exempt companions, and the applicability of the exemption to third party employers.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 552 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 213 (a)(15); 29 USC 213 (b)(21)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2011 

Additional Information: Previously reported as 1215-AB85.

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

80

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA01

 View Related Documents

Title: Defense Base Act Waivers

Abstract: The Defense Base Act (DBA), 42 U.S.C. section 1651 et seq., provides workers’ compensation benefits for civilian

employees of U.S. Government contractors injured or killed while working overseas. The DBA authorizes the Secretary of Labor

to waive application of the DBA in any contract, subcontract, location, or class of employees upon the recommendation of the

head of any department or agency of the U.S. Government. 42 U.S.C. section 1651(e). Over the years, DOL has granted a

variety of waivers without any published rules. This proposed regulation would clarify the procedures for agencies to request

waivers, including who may request a waiver, the format of a waiver request, and the supporting information required. The

regulation would also explain DOL's procedures for reviewing and granting a waiver, including the factors DOL considers in

granting a waiver and the conditions and limitations of any waiver granted.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 704 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1651(e)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal

Federalism: No

Related RINs: Previously Reported as 1215-AB72

Agency Contact: Michael Niss 

Director, Division of Longshore and Harbor Workers' Compensation, OWCP

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. FP Building Room C-4315

Washington , DC 20210 

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: niss.michael@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA02

 View Related Documents

Title: Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels

Abstract: The American Recovery and Reinvestment Act of 2009 amended the Longshore and Harbor Workers'

Compensation Act, 33 U.S.C. 901 to 950, to exclude from the Act's coverage certain employees who repair recreational vessels

and who dismantle them for repair, regardless of the vessel's length. To implement this amendment, the Department anticipates

proposing a rule that addresses the definition of recreational vessel, coverage of those employees who work in both covered

employment and employment excluded under the amendment, and the interplay between State workers' compensation

coverage and Longshore Act coverage for those who repair recreational vessels and who dismantle them for repair.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

81

Regulations.gov Monday, April 26, 2010 Unified Agenda
CFR Citation: 20 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 939

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Related RINs: Previously Reported as 1215-AB73

Agency Contact: Michael Niss 

Director, Division of Longshore and Harbor Workers' Compensation, OWCP

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. FP Building Room C-4315

Washington , DC 20210 

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: niss.michael@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA03

 View Related Documents

Title: Claims for Compensation Under the Federal Employees' Compensation Act

Abstract: ESA's Office of Workers' Compensation Programs (OWCP) plans to issue new regulations to update its

organizational description to reflect the reorganization that will transform OWCP into a stand-alone organization reporting directly

to the Office of the Secretary of Labor. OWCP administers four major disability compensation programs that provide wage

replacement benefits, medical treatment, vocational rehabilitation and other benefits (such as survivors' benefits) to certain

workers who experience work-related injury or occupational disease. The Federal Employees' Compensation Act (FECA)

provides workers' compensation benefits to Federal workers for employment-related injuries and occupational diseases as well

as survivor benefits for a covered employee’s employment-related death. OWCP plans to update its regulations governing

administration of claims under the FECA. The last comprehensive update of the FECA regulations was undertaken more than

10 years ago. Since that time a number of improvements have been made to OWCP's processing of claims. The regulations will

be revised to reflect those changes and to incorporate new procedures that will enhance OWCP's ability to administer FECA.

Changes to the regulations will facilitate the return to work of injured workers who are able to work by such measures as

increasing the opportunity for vocational rehabilitation. Revisions to the regulations will also enhance OWCP's ability to

efficiently provide sufficient income and medical care for those who are unable to work. The planned regulatory changes will

better explain the increased automation of the medical billing process; reflect changes in procedure, such as FECA's centralized

mail processing; and also codify changes in case law affecting FECA claims administration. OWCP also plans to modernize the

provision of compensation for employees situated overseas who are neither citizens nor residents of the United States to reflect

current realities in regard to such employees. The regulations will also be revised to reflect a recent statutory change to the

FECA moving the 3-day waiting period before qualifying for wage-loss compensation for employees of the Postal Service.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 1; 20 CFR 10; 20 CFR 25 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 8149

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2010 

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Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB83

Agency Contact: Douglas Fitzgerald 

Director, Division of Federal Employees’ Compensation, Office of Workers’ Compensation Programs

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. FP Building Room S-3229

Washington , DC 20210 

Phone: 202 693-0040 

FAX: 202 693-1497

E-Mail: fitzgerald.douglas@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA00

 View Related Documents

Title: Death Gratuity Authorized for Federal Employees

Abstract: The National Defense Authorization Act for FY 2008, which was signed in to law on January 28, 2008, resulted in

the creation of a new section of the Federal Employees’ Compensation Act. This section establishes a death gratuity payment

of up to $100,000 for federal employees who die of injuries incurred in connection with the employee's service with an armed

force in a contingency operation. This bill also contains a provision for retroactivity for employees who died on or after October

7, 2001.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 10.900 et al (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181 National Defense Authorization Act for FY 2008

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/18/2009 74 FR 41617 

Interim Final Rule Effective 08/18/2009 

Interim Final Rule Comment Period End 10/19/2009 

Final Action 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB66

Agency Contact: Jennifer Valdivieso 

Acting Chief, Branch of Regulations and Procedures, Division of Federal Employees Compensation

Department of Labor

Office of Workers Compensation

400 West Bay Street Room 826

Jacksonville , FL 32202 

Phone: 904 357-4754 

FAX: 904 357-4779

E-Mail: valdivieso.jennifer@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA04

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 View Related Documents

Title: Internet Balloting in Union Officer Elections

Abstract: The Department intends to publish a Request for Information regarding the application of title IV of the LaborManagement Reporting and Disclosure Act (LMRDA) in the context of Internet balloting in union officer elections.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 481 and 482

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 11/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB84

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Office of Labor Management Standards

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA01

 View Related Documents

Title: Labor Organization Officer and Employee Report (Form LM-30)

Abstract: The Department intends to review questions of law and policy within the recently published changes to the Form

LM-30. The Form LM-30 (Labor Organization Officer and Employee Report) is required by the LMRDA. The purpose of the

Form, among others, is to identify potential conflicts of interest between the labor organization officials and their labor

organization.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 404 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 432 and 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB74

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Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Office of Labor Management Standards

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA02

 View Related Documents

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

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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 403 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/02/2010 75 FR 5456 

NPRM Comment Period End 04/05/2010 

Final Action 12/00/2010 

Additional Information: Per DOL this RIN was transferred from 1215-AB75.

Regulatory Flexibility Analysis

Required: Organizations Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB75

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Office of Labor Management Standards

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA03

 View Related Documents

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Title: Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA

Abstract: The Department intends to publish notice and comment rulemaking seeking consideration of a revised

interpretation of section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA). That statutory provision

creates an "advice" exemption from reporting requirements that apply to employers and other persons in connection with

persuading employees about the right to organize and bargain collectively. A proposed revised interpretation would narrow the

scope of the advice exemption.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 405; 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 433; 29 USC 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB79

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Office of Labor Management Standards

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA00

 View Related Documents

Title: Notification of Employee Rights Under Federal Labor Laws

Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the Department of Labor's Employment Standards

Administration 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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 471 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13496

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/03/2009 74 FR 38488 

NPRM Comment Period End 09/02/2009 

Final Action 06/00/2010 

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Additional Information: Per DOL, this RIN was transferred from 1215-AB70.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB70

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Office of Labor Management Standards

200 Constitution Avenue NW. FP Building Room N-5609

Washington , DC 20210 

Phone: 202 693-0123 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA02

 View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and

Placement Results Under Section 503

Abstract: This Advance Notice of Proposed Rulemaking (ANPRM) seeks information regarding 41 CFR parts 60 to 741. In

particular, the ANPRM invites public comments in respect to improving employment opportunities for individuals with disabilities.

Further, the ANPRM will request information on how Federal contractors and subcontractors can conduct more substantive

analyses and fully monitor their recruitment and placement efforts on behalf of individuals with disabilities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-741 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 706 and 793; EO 11758 (3 CFR 1971 to 1975 Comp p 841)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB77

Agency Contact: Sandra M. Dillon

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

E-Mail: dillon.sandra.m@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA00

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 View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, As Amended

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR parts 60-250 and 60-300,

implementing the nondiscrimination and affirmative action provisions of VEVRAA. This NPRM would strengthen the affirmative

action requirements for Federal contractors and subcontractors. The NPRM would amend the regulations to require that Federal

contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA

and would require the use of numerical targets to measure the effectiveness of affirmative action efforts. The NPRM would also

make revisions to recordkeeping requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-250 and 60-300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 793; 38 USC 4211 (2001) (amended 2002); 38 USC 4212 (2001) (amended 2002); EO 11758 (3

CFR 1971 to 1975 Comp, p 841)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB80

Agency Contact: Sandra M. Dillon

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

E-Mail: dillon.sandra.m@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA01

 View Related Documents

Title: Construction Contractor Affirmative Action Requirements

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR parts 60-1 and 60-4

implementing the affirmative action requirements of Executive Order 11246 that are applicable to Federal and federally assisted

construction contractors. This NPRM would remove outdated regulatory provisions and update the provisions in the regulations

that set forth the actions construction contractors are required to take to implement their affirmative action obligations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1; 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended; 30 FR 12319; 32 FR 14303, as

amended by EO 12086

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

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Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81

Agency Contact: Sandra M. Dillon

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

E-Mail: dillon.sandra.m@dol.gov

Department of Labor (DOL) 

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA17

 View Related Documents

Title: Revised Funding Formula for Jobs for Veterans State Grants

Abstract: Request comments, including data and other information, on issues related to the funding formula applicable to the

Jobs for Veterans State Grants pursuant to 20 CFR part 1001.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 1001 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 38 USC 4102(c)(2)(B)(i)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 04/00/2010 

ANPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gordon Burke 

Director of Grants and Transition Programs

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

200 Constitution Avenue NW. FP Building Room S-1325

Washington , DC 20210 

Phone: 202 693-4700 

Department of Labor (DOL) 

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA18

 View Related Documents

Title: Establishment of a Uniform National Threshold Entered Employment Rate Under the Jobs for Veterans State Grants

Abstract: Rule will establish a uniform national threshold entered employment rate for veterans under the Jobs for Veterans

State Grants, as required by 38 U.S.C. 4102(c)(3)(B).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

89

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Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 38 USC 4102(c)(3)(B)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Agency Contact: Gordon Burke 

Director of Grants and Transition Programs

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

200 Constitution Avenue NW. FP Building Room S-1325

Washington , DC 20210 

Phone: 202 693-4700 

90

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