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 2011 and April 2012, as well as those completed during the past six 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 requires the semiannual publication of an 

agenda of regulations that contains a listing of all the regulations the Department of Labor expects to 

have under active consideration for promulgation, proposal, or review during the coming one-year period. 

The entirety of the Department’s semiannual agenda is available online at www.reginfo.gov. 

 The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to publish in the Federal Register a 

regulatory flexibility agenda. The Department’s Regulatory Flexibility Agenda published with this notice 

includes only those rules on its semiannual agenda that are likely to have a significant economic impact 

on a substantial number of small entities; and those rules identified for periodic review in keeping with the 

requirements of section 610 of the Regulatory Flexibility Act. Thus, the regulatory flexibility agenda is a 

subset of the Department’s semiannual regulatory agenda. At this time, there is only one item, listed 

below, on the Department’s Regulatory Flexibility Agenda. 

Occupational Safety and Health Administration 

 Bloodborne Pathogens (RIN 1218-AC34) 

 All interested members of the public are invited and encouraged to let departmental officials know how 

our regulatory efforts can be improved, and are invited to participate in and comment on the review or 

development of the regulations listed on the Department’s agenda. 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
NAME: HILDA L. SOLIS, 

Secretary of Labor. 

2

Regulations.gov Thursday, July 7, 2011 Unified Agenda
The 90 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

YouthBuild Program Regulation 1205-AB49

Equal Employment Opportunity in Apprenticeship 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

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

Employment and Training Administration - Completed Action

Title

Regulation 

Identifier 

Number

Trade Adjustment Assistance for Workers Program; Regulations 1205-AB57

Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program 1205-AB61

Employee Benefits Security Administration - PreRule

Title

Regulation 

Identifier 

Number

Electronic Disclosure by Employee Benefit Plans 1210-AB50

Employee Benefits Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Pension Benefit Statements 1210-AB20

Improved Fee Disclosure for Welfare Plans 1210-AB37

Amendment to Claims Procedure Regulation 1210-AB39

Amendment of Abandoned Plan Program 1210-AB47

Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521 1210-AB48

Employee Benefits Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Improved Fee Disclosure for Pension Plans 1210-AB08

Annual Funding Notice 1210-AB18

Definition of "Fiduciary" 1210-AB32

Statutory Exemption for Provision of Investment Advice 1210-AB35

Target Date Disclosure 1210-AB38

Prohibited Transaction Exemption Procedures 1210-AB49

Employee Benefits Security Administration - Long-term Action

Title

Regulation 

Identifier 

3

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Number

Mental Health Parity and Addiction Equity Act 1210-AB30

Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the

Patient Protection and Affordable Care Act 1210-AB41

Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the

Patient Protection and Affordable Care Act 1210-AB42

Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions and Patient Protections Under the Affordable

Care Act 1210-AB43

Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient

Protection and Affordable Care Act 1210-AB44

Group Health Plans and Health Insurance Issuers Relating to Internal and External Appeals Processes Under the

Patient Protection and Affordable Care Act 1210-AB45

Automatic Enrollment in Health Plans of Employees of Large Employers Under FLSA Section 18A 1210-AB46

Employee Benefits Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

Occupational Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Beryllium 1218-AB76

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

Bloodborne Pathogens 1218-AC34

Combustible Dust 1218-AC41

Infectious Diseases 1218-AC46

Injury and Illness Prevention Program 1218-AC48

Reinforced Concrete in Construction 1218-AC51

Preventing Backover Injuries and Fatalities 1218-AC52

Occupational Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Crystalline Silica 1218-AB70

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

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

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

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

Confined Spaces in Construction 1218-AB47

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

Hazard Communication 1218-AC20

Cooperative Agreements 1218-AC32

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 Railroad Safety 1218-AC36

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

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

Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud

Accountability Act of 2002, As Amended 1218-AC53

Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010, Section 1057 of

the Dodd-Frank Wall Street Reform and Consumer 1218-AC54

Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010 1218-AC55

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act 1218-AC58

Procedures for Handling of Retaliation Complaints Under the Seaman's Protection Act 1218-AC59

Revising the Underground Construction and Demolition Standards To Make the Cranes and Derricks in Construction

Rule Applicable to Those Activities 1218-AC61

Updating OSHA Standards Based on National Consensus Standards--Acetylene 1218-AC64

Updating OSHA Standards Based on National Consensus Standards--Personal Protection Equipment 1218-AC65

Occupational Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

General Working Conditions for Shipyard Employment 1218-AB50

Standards Improvement Project (SIP III) 1218-AC19

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

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

Mine Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Safety and Health Management Programs for Mines 1219-AB71

Mine Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Respirable Crystalline Silica Standard 1219-AB36

Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines 1219-AB65

Notification of Legal Identity 1219-AB67

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

Pattern of Violations 1219-AB73

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

Mine Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines 1219-AB76

Mine Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Revising Electrical Product Approval Regulations 1219-AB37

Mine Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

Metal and Nonmetal Dams 1219-AB70

Wage and Hour Division - Proposed Rule

Title

Regulation 

Identifier 

Number

Amendments to the Family and Medical Leave Act of 1993 1235-AA03

Right To Know Under the Fair Labor Standards Act 1235-AA04

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

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Child Labor Regulations, Orders, and Statements of Interpretations 1235-AA06

Wage and Hour Division - Final Rule

Title

Regulation 

Identifier 

Number

Nondisplacement of Qualified Workers Under Service Contracts 1235-AA02

Wage and Hour Division - Completed Action

Title

Regulation 

Identifier 

Number

Amendments to the Fair Labor Standards Act 1235-AA00

Office of Workers Compensation - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors

Entitlement to Benefits 1240-AA04

Office of Workers Compensation - Final Rule

Title

Regulation 

Identifier 

Number

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

Office of Labor Management Standards - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

Office of Labor Management Standards - Final Rule

Title

Regulation 

Identifier 

Number

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

Office of Labor Management Standards - Completed Action

Title

Regulation 

Identifier 

Number

Internet Balloting in Union Officer Elections 1245-AA04

Office of Federal Contract Compliance Programs - PreRule

Title

Regulation 

Identifier 

Number

Non Discrimination in Compensation: Compensation Data Collection Tool 1250-AA03

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

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

Placement Results Under Section 503 1250-AA02

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Sex Discrimination Guidelines 1250-AA05

Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

Update to Regulations Governing Administrative Claims Under the Federal Tort Claims Act and Related Statutes 1290-AA25

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges 1290-AA26

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 1293-AA18

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

Title

Regulation 

Identifier 

Number

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

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: 20 CFR 672 (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 08/27/2010 75 FR 52671 

NPRM Comment Period End 10/26/2010 

Analyzing Comments 06/00/2011 

Final Rule 12/00/2011 

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

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

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

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
 View Related Documents

Title: Equal Employment Opportunity in Apprenticeship 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 1977. The companion regulations, 29 CFR part 30, Equal Employment

Opportunity (EEO) in Apprenticeship and Training, have not been amended since 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 EEO law, as it

has developed since 1978, 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 11/00/2011 

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

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 (Pub. 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. 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

sought feedback on a potential additional performance measure for volunteer work in the SCSEP.

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 11/23/2010 75 FR 71514 

NPRM Comment Period End 01/24/2011 

Analyzing Comments 06/00/2011 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-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 published the Notice of Proposed Rulemaking (NPRM) on March 18, 2011. The public comment

period closes on May 17, 2011. The Department of Homeland Security (DHS) regulations require employers to apply for a

temporary labor certification from the Department of Labor before H-2B visas may be approved. DOL certifies that there are 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 H-2B workers will not adversely affect the wages and working conditions of similarly employed

U.S. workers. This regulation proposes to re-engineer the H-2B program in order to enhance transparency and strengthen

program integrity and protections of both U.S. workers and H-2B workers.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

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)(B)); 8 USC 1184(c)(1); 8 CFR 214.2(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/18/2011 76 FR 15130 

NPRM Comment Period End 05/17/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: William L. Carlson Ph.D.

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-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, reauthorized the Trade Adjustment Assistance for Workers program. Effective February 13, 2011,

the Act has expired and program administration has reverted to prior law. Therefore, the Department is withdrawing this Notice

of Proposed Rulemaking from the Regulatory Agenda.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

9

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 617; 20 CFR 618; 20 CFR 672; 29 CFR 90 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 19 USC 2320; Secretary's Order 6-2010, 75 FR 66268

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 04/18/2011 

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 N-5428, FP Building

Washingon , DC 20210 

Phone: 202 693-3560 

FAX: 202 693-3149

E-Mail: fitzgerald.erin@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB61

 View Related Documents

Title: Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program

Abstract: The Immigration and Nationality Act, as amended, requires the Department of Homeland Security, prior to the

approval of H-2B visa petitions to consult with other agencies. DHS' regulation at 8 CFR 214.2(h)(6) requires that an intending

employer first apply for a temporary labor certification from the Department of Labor. Specifically, DOL certifies that there is not

sufficient U.S. worker(s) able, available, willing and qualified 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. In order to ensure that

there is no adverse effect, the Department requires employers to pay the prevailing wage to H-2B workers and U.S. workers

hired in response to the required recruitment. The prevailing wage calculation methodology under the current H-2B regulation

became the subject of litigation. On August 30, 2010, the U.S. District Court in the Eastern District of Pennsylvania in Comité de

Apoyo a los Trabajadores Agricolas (CATA) v. Hilda Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.),

ordered the Department to promulgate new rules concerning the calculation of the prevailing wage rate in the H-2B program that

are in compliance with the Administrative Procedure Act no later than January 18, 2011. On January 19, 2011, DOL issued a

Final Rule with request for comment, which established the prevailing wage as the highest of the following: wages established

under an agreed-upon collective bargaining agreement; a wage rate established under the Davis Bacon Act or Service Contract

Act for that occupation in the area of intended employment; and the arithmetic mean wage rate established by the Occupational

Employment Statistics survey for that occupation in the area of intended employment.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 8 CFR 214.2(h)(6); 20 CFR 655.10 (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(c)

Legal Deadline: The U.S. District Court in the Eastern District of Pennsylvania in Comite ́ de Apoyo a los Trabajadores

Agricolas (CATA) v. Hilda Solis, et al., Civil No. 2:09–cv–240–LP, 2010 WL 3431761 (E.D. Pa.) ordered the Department to

promulgate a new rule on the calculation of the prevailing wage no later than January 18, 2011.

Action Source Description Date

Other Judicial 01/18/2011 

Timetable:

Action Date FR Cite

NPRM 10/05/2010 75 FR 61578 

NPRM Extension of Comment Period 11/03/2010 75 FR 67662 

NPRM Comment Period End 11/04/2010 

NPRM Extension of Comment Period End 11/12/2010 

Final Rule 01/19/2011 76 FR 3452 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No

10

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Energy Affected: No

Agency Contact: William L. Carlson Ph.D.

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) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB50

 View Related Documents

Title: Electronic Disclosure by Employee Benefit Plans

Abstract: The Department has decided to review the current regulatory standards for the electronic distribution of disclosures

required by title 1 of ERISA. Such review will take into account current technology, best practices and the need to protect the

rights and interests of employee benefit plan participants and beneficiaries. The purpose of the RFI is to solicit the views of the

public regarding this important issue.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 104b-1(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1024, ERISA section 104

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 04/07/2011 76 FR 19285 

Request for Information Comment Period End 06/06/2011 

Reviewing Public Comments 10/00/2011 

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-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

11

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

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-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

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 02/00/2012 

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-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

12

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 12/00/2011 

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-AB47

 View Related Documents

Title: Amendment of Abandoned Plan Program

Abstract: On April 21, 2001, the Department published a package of regulations, collectively entitled Termination of

Abandoned Individual Account Plans, which facilitate the termination of, and distribution of benefits from, individual account

pension plans that have been abandoned by their sponsoring employers. See 71 FR 20820. This rulemaking will examine

whether, and how, to amend those regulations by expanding the scope of individuals entitled to be a "qualified termination

administrator" (QTA). Under the Termination of Abandoned Individual Account Plans regulations, only a QTA is authorized to

determine whether an individual account plan is abandoned and to carry out related activities necessary to the termination and

winding up of the plan's affairs.

Priority: Other Significant 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 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

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-AB48

13

Regulations.gov Thursday, July 7, 2011 Unified Agenda
 View Related Documents

Title: Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521

Abstract: ERISA section 521, enacted under sec. 6605 of the Affordable Care Act (Pub. L. 111-148, 124 Stat. 780), authorizes

the Secretary of Labor to issue a cease and desist order if it appears that a multiple employer welfare arrangement (MEWA) is

fraudulent, creates an immediate danger to public safety or welfare, or can be reasonably expected to cause significant,

imminent, and irreparable public injury. This section also authorizes the Secretary to issue a summary seizure order if it appears

that a MEWA is in a financially hazardous condition. Regulatory guidance will provide standards for the issuance of such

orders.

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: 29 USC 1151; 29 USC 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Stephanie Lewis 

Attorney

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-411

Washington , DC 20210 

Phone: 202 693-5588 

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

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 07/16/2010 75 FR 41600 

Interim Final Rule Comment Period End 08/30/2010 

Final Action 09/00/2011 

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

14

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

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

 View Related Documents

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: Final Rule

Major: No Unfunded Mandates: No

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 11/18/2010 75 FR 70625 

NPRM Comment Period End 01/18/2011 

Final Rule 01/00/2012 

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-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: Final Rule

Major: Yes Unfunded Mandates: No

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 10/22/2010 75 FR 65263 

15

Regulations.gov Thursday, July 7, 2011 Unified Agenda
NPRM Comment Period End 01/20/2011 

Final Rule 11/00/2011 

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-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: 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(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 

Final Action 08/00/2011 

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-AB38

 View Related Documents

Title: Target Date Disclosure

16

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Abstract: This rulemaking will amend the Department's qualified default investment alternative regulation (29 CFR 2550.404c5), 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. The Department recently published in the Federal

Register, at section 2550.404a-5 (75 FR 64910, October 20, 2010), a final regulation that requires the disclosure of certain plan

and investment-related information, including fee and expense information, to participants and beneficiaries in participantdirected individual account plans (the participant-level disclosure regulation). The proposed rulemaking also will amend the

participant-level disclosure regulation to require the disclosure of the same information concerning target date or similar

investments to all participants and beneficiaries in participant-directed individual account plans.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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 11/30/2010 75 FR 73987 

NPRM Comment Period End 01/14/2011 

Final Rule 11/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

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-AB49

 View Related Documents

Title: Prohibited Transaction Exemption Procedures

Abstract: This rulemaking will amend and supersede the current rule of procedure that governs the filing and processing of

applications for administrative exemptions from the prohibited transaction provisions of Title I of the Employee Retirement

Income Security Act of 1974, the Internal Revenue Code of 1986, and the Federal Employees' Retirement System Act of 1986.

This amendment will promote transparency and facilitate the efficient consideration of exemption applications by providing plan

participants with a clearer understanding of the exemption under consideration, by clarifying the types of information and

documentation generally required for a complete filing, and by affording expanded opportunities for the electronic submission of

information and comments relating to an exemption application. In August 2010, an NPRM was published for this item under

RIN 1210-AA98 (75 FR 53172).

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 2570.30 to 2570.52 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; 29 USC 1108(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2010 75 FR 53172 

NPRM Comment Period End 10/14/2010 

Final Action 11/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

17

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Related RINs: Previously Reported as 1210-AA98

Agency Contact: Mark W. Judge 

Office of Exemption Determinations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., Room N-5700

Washington , DC 20210 

Phone: 202 693-8550 

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: Long-term Action

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

Next Action Undetermined 

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 

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

Department of Labor (DOL) 

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

 View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the

Patient Protection and Affordable Care Act

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 (PHS Act). These regulations provide

guidance on the extension of dependent coverage for children to age 26 under PHS Act 2714. As mentioned in the previous

18

Regulations.gov Thursday, July 7, 2011 Unified Agenda
request, RIN 1210-AB41 was split into additional RINs due to the breadth of issues covered.

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 

Interim Final Rule 05/13/2010 75 FR 27121 

Interim Final Rule Comment Period End 08/11/2010 

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-AB42

 View Related Documents

Title: Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient

Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These

regulations provide guidance on the rules for maintaining grandfathered health plan status under section 1251 of the Affordable

Care Act. As mentioned in the previous request, RIN 1210-AB41 was split into additional RINs due to the breadth of issues

covered.

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

Major: Yes Unfunded Mandates: No

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 

Interim Final Rule 06/17/2010 75 FR 34538 

Interim Final Rule Comment Period End 08/16/2010 

Interim Final Rule Amendment Effective 11/15/2010 75 FR 70114 

Interim Final Rule Effective--Amendment 11/15/2010 

Interim Final Rule--Amendment 11/17/2010 75 FR 70114 

Interim Final Rule Comment Period End--Amendment 12/17/2010 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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 

19

Regulations.gov Thursday, July 7, 2011 Unified Agenda
FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB43

 View Related Documents

Title: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions and Patient Protections Under the Affordable

Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act (PHS Act).

These regulations provide guidance on the rules prohibiting preexisting condition exclusions and other discrimination based on

health status (PHS Act section 2704); prohibition of lifetime and annual income limits (PHS section 2711); the prohibition of

rescissions of health coverage after coverage begins (PHS Act section 2712); prohibition on discrimination in favor of highly

compensated individuals (PHS section 2716); and patient protections (PHS Act section 2719A). As mentioned in the previous

request, RIN 1210-AB41 was split into additional RINS due to the breadth of issues covered and this is the third request in a

series relating to the Affordable Care Act.

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 

Interim Final Rule 06/28/2010 75 FR 37188 

Interim Final Rule Comment Period End 08/27/2010 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Related Agencies: Joint : HHS; 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-AB44

 View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient

Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These

regulations provide guidance on the rules relating to coverage of preventive services without cost sharing under the Affordable

Care Act. As mentioned in previous requests, RIN 1210-AB41 was split into additional RINs due to the breadth of issues

covered and this is the fourth request in a series relating to the Affordable Care Act.

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

Major: Yes Unfunded Mandates: No

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

20

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Next Action Undetermined 

Interim Final Rule 07/19/2010 75 FR 41726 

Interim Final Rule Effective 09/17/2010 

Interim Final Rule Comment Period End 09/17/2010 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Related Agencies: Joint : HHS; 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-AB45

 View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Internal and External Appeals Processes Under the Patient

Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These

regulations provide guidance on the rules relating to internal and external appeals processes under the Affordable Care Act. As

mentioned in previous requests, RIN 1210-AB41 was split into additional RINs due to the breadth of issues covered and this is

the fifth request in a series relating to the Affordable Care Act.

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 

Interim Final Rule 08/26/2010 75 FR 52597 

Interim Final Rule Effective 09/01/2010 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Related Agencies: Joint : OCIIO; 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-AB46

 View Related Documents

Title: Automatic Enrollment in Health Plans of Employees of Large Employers Under FLSA Section 18A

Abstract: This rulemaking implements section 1511 of the Patient Protection and Affordable Care Act of 2010, which added

section 18A to the Fair Labor Standards Act to require employers who have more than 200 full-time employees and who offer

enrollment in one or more health benefits plans to automatically enroll new full-time employees in one of the plans offered and

21

Regulations.gov Thursday, July 7, 2011 Unified Agenda
to continue enrollment of current employees.

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: 29 USC 218A; FLSA sec 18A; PL 111-148, sec 1511, Patient Protection and Affordable Care Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: Undetermined

Agency Contact: Janet Walters 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

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 other arrangements

designed to provide a stream of income after retirement. The Department has established a public record as a result of the

actions mentioned below (RFI and Public Hearing). The record supports further Departmental consideration or action in a

number of areas including pension benefit statements, participant education and fiduciary guidance. While the Department is

treating this RIN, 1210-AB33, as being completed for purposes of the Semiannual Regulatory Agenda, its completion is not a

determination on whether further action, regulatory or otherwise, is needed to facilitate access to and use of lifetime income or

other arrangements designed to provide a stream of income after retirement.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: None (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 

Public Hearing Notice 08/10/2010 75 FR 48367 

Public Hearing 09/14/2010 

Merged With 1210-AB20 04/18/2011 

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 

22

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Labor (DOL) 

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

 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 completed a scientific peer review of its draft risk assessment. The economic peer

review is scheduled to be completed in May 2011.

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 

Request For Information Comment Period End 02/24/2003 

SBREFA Report Completed 01/23/2008 

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

Complete Peer Review 11/19/2010 

Economic Peer Review 06/00/2011 

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. Room N-3718, FP Building

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-AC33

 View Related Documents

Title: Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes

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. Evidence indicates that exposure to

flavorings containing diacetyl is associated with adverse effects on the respiratory system, including bronchiolitis obliterans, a

debilitating and potentially fatal lung disease. OSHA denied the petition on September 25, 2007, but has initiated 6(b)

rulemaking. 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. NIOSH is currently developing a criteria document on occupational

exposure to diacetyl. The criteria document will also address exposure to 2,3-pentanedione, a chemical that is structurally

similar to diacetyl and has been used as a substitute for diacetyl in some applications. It will include an assessment of the

effects of exposure as well as quantitative risk assessment. OSHA intends to rely on these portions of the criteria document for

23

Regulations.gov Thursday, July 7, 2011 Unified Agenda
the health effects analysis and quantitative risk assessment for the Agency's diacetyl rulemaking. NIOSH will initiate public peer

review of the criteria document in April, 2011.

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 06/00/2011 

End Peer Review 07/00/2011 

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. Room N-3718, FP Building

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

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 Published 05/14/2010 75 FR 27237 

Comment Period End 08/12/2010 

Analyze Comments 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: 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

24

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-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

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, in Atlanta, GA on February 17,

2010, and in Chicago, IL on April 21, 2010. A webchat for combustible dust was also held on June 28, 2010. The next step in

this rulemaking will be to hold an expert forum metting in May 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

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 

SBREFA 12/00/2011 

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. Room N-3718, FP Building

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-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

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

25

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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. OSHA published an RFI on

May 6, 2010, the comment period closed on August 4, 2010. OSHA will hold stakeholder meetings.

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) 05/06/2010 75 FR 24835 

RFI Comment Period End 08/04/2010 

Analyze Comments 12/30/2010 

Stakeholder Meetings 07/00/2011 

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. Room N-3718, FP Building

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 Occupational Health and Safety Assessment Series 18001.

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meetings 06/03/2010 

Initiate SBREFA 06/00/2011 

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

26

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC51

 View Related Documents

Title: Reinforced Concrete in Construction

Abstract: Current rules regarding reinforcing steel and post-tensioning activities do not adequately address worker hazards in

work related to post-tensioning and reinforcing steel. Both are techniques for reinforcing concrete and are generally used in

commercial and industrial construction. OSHA currently has few rules which address the steel reinforcing and post-tensioning

fields directly. The few rules that do exist are found in subpart Q – Concrete and Masonry Construction of 29 CFR 1926. The

use of reinforced steel and post-tensioned poured in place concrete in commercial and industrial construction is expected to

rise. Without adequate standards, the rate of accidents will likely rise as well. Currently, workers performing steel reinforcing

suffer injuries caused by unsafe material handling, structural collapse, and impalement by protruding reinforcing steel dowels,

among others. Employees involved in post-tensioning activities are at risk for accidents caused by the misuse of post-tensioning

equipment and improper training. OSHA IMIS data indicates that 31 workers died while performing work on or near posttensioning operations or reinforcing steel between 2000 and 2009. The Occupational Safety and Health Administration (OSHA)

is seeking public comment on Post-tensioning and Reinforcing Steel from professionals who work in the post-tensioning and

reinforcing steel field and will consider rulemaking to prevent worker deaths and injuries related to these operations. By

requesting information from professionals who work in the reinforcing steel and post-tensioning fields and other members of the

public, OSHA hopes to determine whether a new rule is necessary, and, if so, what hazards need to be addressed.

Priority: Other 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 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Ben Bare 

Acting Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC52

 View Related Documents

Title: Preventing Backover Injuries and Fatalities

Abstract: Backing vehicles and equipment are common causes of struck-by injuries and can also cause caught between

injuries when backing vehicles and equipment pin a worker against something else. NIOSH reports that 51% of worker on foot

fatalities that occurred within a highway work zone involved backing vehicles. A British report found that nearly a quarter of

vehicle-related deaths at work are caused by vehicles backing up. Emerging technologies in the field of operations include after

market devices, such as cameras, radar, and ultrasonic devices, to help monitor the presence of workers on foot in blind areas,

and new monitoring technology, such as tag-based warning systems, that use radio frequency (RFID) on equipment to detect

electronic tags worn by workers. The use of spotters and internal traffic control plans can also make backing operations safer.

27

Regulations.gov Thursday, July 7, 2011 Unified Agenda
The Occupational Safety and Health Administration (OSHA) is seeking comment on technological and non-technological

solutions to prevent backover incidents.

Priority: Other 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 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Request For Information 08/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: Jim Maddux 

Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

Department of Labor 200 Constitution Avenue NW. Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

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 proposed by the American Conference of Governmental

Industrial Hygienists (ACGIH) in 1968 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for

construction and shipyards (derived from ACGIH's 1970 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. ASTM International has published recommended

standards 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.

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 06/00/2011 

Hearings 10/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: Yes

Energy Affected: No

28

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

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 published a second NPRM on May 24, 2010, which was modified to reflect

current information as well as reassess the impact. Hearings were held on January 18 through 21, 2011.

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 05/24/2010 75 FR 28861 

Second NPRM Comment Period End 08/23/2010 

Notice of Informal Hearing 11/12/2010 75 FR 69369 

Public Hearing 01/18/2011 

Analyze Comments 08/00/2011 

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. Room N-3718, FP Building

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-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) is proposing to restore a column to the OSHA 300 Log

29

Regulations.gov Thursday, July 7, 2011 Unified Agenda
that employers must check if a case they are already required to record under OSHA's existing Recordkeeping rule (29 CFR

1904) is a "musculoskeletal disorder" (MSD). This proposal does not change the existing requirements about when and under

what circumstances employers must record work-related injuries and illnesses. The Agency believes that having aggregate data

on MSDs may help employers and workers track these injuries at individual workplaces. MSD information will also improve the

utility, accuracy and completeness of the national occupational injury and illness statistics, and may assist the Agency in its dayto-day activities and overall safety and health policy making. This proposed rule was temporarily withdrawn from OMB on

January 26, 2011, so that the Agency could gather more information from stakeholders in the small business community.

OSHA, in conjunction with the US Small Business Administration Office of Advocacy, will participate in a special stakeholder

meeting to listen to the concerns of small businesses regarding the Agency's proposal. After this meeting, OSHA will review the

information in the record and take appropriate action based on the information received.

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: 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 

Small Businees Stakeholder Meeting 04/12/2011 

Small Business Stakeholder Meeting 04/11/2011 

Notice of Limited Reopening of Rulemaking Record 05/17/2011 76 FR 28383 

Analyze Record 07/00/2011 

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

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

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 proposing changes to 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. This proposal involves modification to 29 CFR part 1904.41 to expand OSHA's

legal authority to collect and make available injury and illness information required under part 1904.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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 05/25/2010 75 FR 24505 

Comment Period End 06/18/2010 

NPRM 09/00/2011 

30

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-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, a 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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

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

 View Related Documents

Title: Confined Spaces in Construction

Abstract: In 1993, OSHA issued a rule to protect employees who enter confined spaces while engaged in general industry

work (29 CFR 1910.146). This standard has not been extended to cover employees entering confined spaces while engaged in

construction work because of unique characteristics of construction worksites. Pursuant to discussions with the United Steel

Workers of America that led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a

proposed rule to protect construction workers in confined spaces.

31

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final 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 

Final Action 11/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

Department of Labor 200 Constitution Avenue NW. Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

E-Mail: maddux.jim@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 from March 6 through March 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 September 2010. OSHA anticipates

publishing a final rule in July 2011.

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 

32

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 09/00/2011 

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. Room N-3718, FP Building

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

 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.

OSHA published the NPRM on September 30, 2009 and held public hearings in Washington, DC and Pittsburgh, PA in March

2010. The record closed on June 1, 2010. OSHA is scheduled to publish the final rule in August 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Final 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 

33

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Hearing 03/31/2010 

Post Hearing Comment Period End 06/01/2010 

Final Action 09/00/2011 

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. Room N-3718, FP Building

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-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: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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 09/03/2010 75 FR 54064 

NPRM Comment Period End 11/02/2010 

Final Action 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Gregory Baxter 

Acting Director, Directorate of Cooperative and State Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N3700, FP Building

Washington , DC 20210 

Phone: 202 693-2200 

FAX: 202 693-1671

E-Mail: baxter.greg@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 Railroad Safety

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

34

Regulations.gov Thursday, July 7, 2011 Unified Agenda
1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act amended the Federal Railroad

Safety Act (FRSA), to give OSHA responsibility for administering the whistleblower protection provision of FRSA, which 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 promulgate 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 1982; 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; 6 USC 1142; PL 110-

53, sec 1536, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 31105

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/31/2010 

Interim Final Rule 08/31/2010 75 FR 53522 

Interim Final Rule Comment Period End 11/01/2010 

Final Action 11/00/2011 

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-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 promulgating 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

35

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 Effective 08/31/2010 

Interim Final Rule 08/31/2010 75 FR 53533 

Interim Final Rule Comment Period End 11/01/2010 

Final Action 11/00/2011 

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-AC53

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud

Accountability Act of 2002, As Amended

Abstract: OSHA is amending 29 CFR 1980, for handling whistleblower complaints under the Corporate and Criminal Fraud

Accountability Act, title VIII of the Sarbanes-Oxley Act, 18 U.S.C. 1514A (SOX), to implement statutory changes enacted by

Congress under sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) of 2010,

and to provide other procedural updates as needed. SOX provides protection for employees who report alleged violations of the

Federal mail, wire, bank or securities fraud statutes, or the Securities Exchange Act, or any other Federal law relating to fraud

against shareholders. Under the DFA, the amendments to SOX extend the statutory filing period from 90 to 180 days, provide

parties with a right to a jury trial, extend coverage to nationally recognized statistical rating organizations, and clarify coverage

of corporate subsidiaries. Promulgation of these changes to the regulation is necessary to govern whistleblower investigations

conducted under SOX.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1980 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 1514A; PL 111-203, secs 922 and 929A, the Dodd Frank Wall Street Reform and Consumer

Protection Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011 

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

36

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC54

 View Related Documents

Title: Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010, Section 1057 of

the Dodd-Frank Wall Street Reform and Consumer

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) of 2010. This section established a new

whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the

consumer financial product and service industries who engage in protected activities under title X of the DFA or any other

provision of law that is subject to the jurisdiction of the Bureau of Consumer Financial Protection, an independent bureau within

the Federal Reserve System. Pursuant to the statute, the procedures will include remedies and legal burdens of proof

provisions, and a "kick-out" provision allowing the complainant to file the complaint in District Court if within 210 days of the

filing of the complaint the Secretary has not issued a final determination, or within 90 days after receiving a written

determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new

statute, which becomes effective on July 21, 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1985 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-203, sec 1057, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011 

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-AC55

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

1558 of the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act or ACA), which added section 18C to

the Fair Labor Standards Act. This section established a new whistleblower protection statute to be administered by OSHA that

provides protection from retaliation to employees who engage in protected activities under the ACA. Pursuant to the statute, the

procedures will follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b), including

remedies and legal burdens of proof provisions. 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 1984 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 218C, FLSA sec 18C; PL 111-148, sec 1558, Patient Protection and Affordable Care Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011 

37

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AC58

 View Related Documents

Title: Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act

Abstract: OSHA intends to promulgate procedures for the handling and investigation of retaliation complaints pursuant to

section 402 of the FDA Food Safety Modernization Act (FSMA). This section established a new whistleblower protection statute

to be administered by OSHA. It provides protection from retaliation to employees of entities engaged in manufacturing,

processing, packing, transporting, distribution, reception, holding, or importation of food who engage in protected activities under

FSMA. 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 1987 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-353, sec 402 of the FDA Food Safety Modernization Act

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2012 

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-AC59

 View Related Documents

Title: Procedures for Handling of Retaliation Complaints Under the Seaman's Protection Act

Abstract: OSHA intends to promulgate procedures for the handling and investigation of retaliation complaints pursuant to the

Seaman's Protection Act, 46 U.S.C. section 2114 (SPA), as amended by section 611 of the Coast Guard Authorization Act of

2010, Public Law 111-281. This section transfers to OSHA the administration of the whistleblower protections previously

enforced solely via a private right of action. It provides protection from retaliation to seamen who engage in protected activities

under SPA. Pursuant to the statute, the procedures will follow those enacted under the Surface Transportation Assistance Act,

49 U.S.C. 31105, including procedures, requirements, and rights. Promulgation of a regulation is necessary to govern

whistleblower investigations conducted under the statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1986 (To search for a specific CFR, visit the Code of Federal Regulations ) 

38

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Authority: PL 111-281, sec 611 of the Coast Guard Authorization Act of 2010, amending the Seaman's Protection Act,

46 USC 2114

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2012 

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-AC61

 View Related Documents

Title: Revising the Underground Construction and Demolition Standards To Make the Cranes and Derricks in Construction Rule

Applicable to Those Activities

Abstract: This direct final rule will clarify and simplify OSHA's standards applicable to cranes and derricks in construction by

establishing a single set of standards for all construction activities involving cranes and derricks. On August 9, 2010, OSHA

issued a Final Rule for Cranes and Derricks in Construction (75 FR 47096), that was originally intended to apply to all crane and

derrick use in construction. Rulemaking findings, including the economic analysis, were developed to address all construction

work. However, two subsectors of construction work, demolition and underground construction, were exempted from coverage

under the new standard, in an effort to ensure that employers involved in those types of work were given sufficient notice to

comply with the new rule. These subsectors currently remain covered under the previous rule governing crane and derrick use

in construction. This direct final rule will, therefore, apply the new cranes and derricks rule to both demolition and underground

construction work, bringing those subsectors current with the rest of the construction industry. It should be noted that a

proposed rule accompanies this direct final rule. Should OSHA receive significant adverse comment on this direct final rule, it

will withdraw the direct final rule and proceed with the accompanying proposed rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

Department of Labor 200 Constitution Avenue NW. Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

39

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC64

 View Related Documents

Title: Updating OSHA Standards Based on National Consensus Standards--Acetylene

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national

consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were

incorporated by reference. In the more than 40 years since these standards were adopted by OSHA, the organizations

responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA

has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate

by reference various consensus standards that are now outdated and, in some cases, out of print. The Agency is undertaking a

multi-year project to update these standards. A notice describing the project was published in November 2004 (69 FR 68283).

As part of this multi-year project, OSHA published a Direct Final Rule (DFR) for Acetylene and a final rule on Personal

Protective Equipment (PPE). The Acetylene DFR, published August 2009, updated 29 CFR 1910.102 based on the latest NFPA

and Compressed Gas Association (CGI) consensus standards. Just prior to issuing the DFR, CGI published a new edition of

their standard in June 2009; OSHA's update of 29 CFR 1910.102 was undergoing final OMB review at that time. OSHA intends

to publish a DFR to incorporate the 2009 CGI standard.

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

Major: Undetermined Unfunded Mandates: No

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

Direct Final Rule 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1218-AC08

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC65

 View Related Documents

Title: Updating OSHA Standards Based on National Consensus Standards--Personal Protection Equipment

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national

consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were

incorporated by reference. In the more than 40 years since these standards were adopted by OSHA, the organizations

responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA

has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate

by reference various consensus standards that are now outdated and, in some cases, out of print. The Agency is undertaking a

multi-year project to update these standards. A notice describing the project was published in November 2004 (69 FR 68283).

As part of this multi-year project, OSHA published a Direct Final Rule (DFR) for Acetylene and a final rule on Personal

Protective Equipment (PPE). The PPE Final Rule, published September 2009, amended the general industry PPE standard and

incorporated by reference a number of updated consensus standards governing the design and testing of certain types of PPE.

The Final Rule did not update PPE standards for the construction industry; these standards currently refer to outdated

consensus rules. In addition, while the Final Rule was undergoing final OMB review, ANSI published a 2009 edition of the Head

Protection (ANSI Z-89.1) consensus standard. This current project will now incorporate the latest PPE consensus standards for

the general, construction, and maritime industries

40

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

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

Direct Final Rule 10/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1218-AC08

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@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.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

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 05/02/2011 76 FR 24576 

Final Action Effective--Provisions of Subchapter 1915.89 Are Effective

10/31/2011 08/01/2011 

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. Room N-3718, FP Building

Washington , DC 20210 

41

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 published a NPRM on July 2, 2010.

The comment period closed on September 30, 2010. The next action for this rulemaking is to publish the final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917 to 1919; 29 CFR 1926; 29 CFR 1928 (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 07/02/2010 75 FR 38646 

NPRM Comment Period End 09/30/2010 

Final Action 06/08/2011 76 FR 33590 

Final Action Effective 07/08/2011 

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. Room N-3718, FP Building

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-AC25

 View Related Documents

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

Abstract: Section 629, the employee protection provision of the Energy Policy Act of 2005, amended the Energy

Reorganization Act of 1978 (ERA), 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.

42

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

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 Rule Effective 01/18/2011 

Final Rule 01/18/2011 76 FR 2808 

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 published a Final Rule on February 25, 2011.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

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 02/25/2011 76 FR 10500 

Final Action Effective 03/28/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan 

43

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB71

 View Related Documents

Title: Safety and Health Management Programs for Mines

Abstract: MSHA held public meetings to gather information and suggestions from the mining community on effective,

comprehensive safety and health management programs, including programs used in the mining industry. MSHA will hold

additional public meetings to gather more extensive information for the development of a proposed rule for safety and health

management programs to eliminate hazards and prevent injuries and illnesses at mines.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (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

Notice of Public Hearing 09/09/2010 75 FR 54804 

Stakeholder Meetings 10/08/2010 

Stakeholder Meeting 10/14/2010 

Stakeholder Meeting 10/12/2010 

Comment Period End 12/17/2010 

Hold Stakeholder Meetings 09/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@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 content 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.

44

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 58; 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; 30 USC 813

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2011 

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: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB65

 View Related Documents

Title: Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines

Abstract: ETS The Mine Safety and Health Administration (MSHA) will issue an emergency temporary standard (ETS) under

section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners face when

working near continuous mining machines in underground coal mines. MSHA has concluded, from investigations of accidents

involving continuous mining machines and other reports, that immediate action is necessary to protect miners. Mobile

equipment can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types

of accidents. The ETS would strengthen the protection for underground coal miners by reducing the potential of pinning,

crushing or striking hazards associated with working close to continuous mining machines. As a part of the Secretary's strategy

for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and

fatalities to workers in close proximity to moving equipment and vehicles. NPRM MSHA will develop a proposed rule to address

the dangers that miners face when working near mobile equipment in underground mines. MSHA has concluded, from

investigations of accidents involving mobile equipment and other reports, that action is needed to protect miner safety. Mobile

equipment can pin, crush, or strike a miner working near mobile equipment. Proximity detection technology can prevent these

types of accidents. The proposed rule would strengthen the protection for underground miners by reducing the potential of

pinning, crushing or striking hazards associated with working close to mobile equipment. As a part of the Secretary's strategy for

securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities

to workers in close proximity to moving equipment and vehicles.

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: 30 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 02/01/2010 75 FR 5009 

RFI Comment Period Ended 04/02/2010 

Emergency Temporary Standard (ETS) 08/00/2011 

NPRM 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Agency Contact: Roslyn B. Fontaine 

45

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB67

 View Related Documents

Title: Notification of Legal Identity

Abstract: The current requirements do 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

proposed 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 07/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@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 815; 30 USC 820; 30 USC 957

Legal Deadline: None

Timetable:

46

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Action Date FR Cite

NPRM 08/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB73

 View Related Documents

Title: Pattern of Violations

Abstract: MSHA is preparing a final rule to revise the Agency's existing regulation for pattern of violations contained in 30 CFR

part 104. MSHA has determined that the existing pattern criteria and procedures do not reflect the statutory intent for section

104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) that operators manage health and safety conditions at

mines so that the root causes of significant and substantial (S&S) violations are addressed before they become a hazard to the

health and safety of miners. The legislative history of the Mine Act explains that Congress intended the pattern of violations tool

to be used for operators who have demonstrated a disregard for the health and safety of miners. The final rule would reflect

statutory intent, simplify the pattern of violations criteria, and improve consistency in applying the patterns of violations criteria.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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 02/02/2011 76 FR 5719 

NPRM Extension of Comment Period 04/04/2011 76 FR 18467 

NPRM Comment Period End 04/04/2011 

NPRM Extension Comment Period End 04/18/2011 

Public Hearings; Analyze Comments 11/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: http://www.msha.gov/regsinfo.htm Public Comment URL: http://www.regulations.gov

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB75

 View Related Documents

47

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards

Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly.

Additionally, other conditions that could develop into a hazard if left uncorrected must also be eliminated. Operator 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 mine examiners look for

hazardous conditions. The 1992 rule omitted from the standard the text taken from the Mine Act requiring examinations for

violations of mandatory safety or health standards. Therefore, MSHA will be revising existing standards for preshift,

supplemental, on-shift, and weekly examinations to address violations of mandatory health or safety standards. This will

complement the proposed rule 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 12/27/2010 75 FR 81165 

NPRM Comment Period End 02/25/2011 

NPRM Extension of Comment Period 03/01/2011 76 FR 11187 

NPRM Extension of Comment Period End 03/28/2011 

Public Hearing; Analyze Comments 11/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1219-AB71

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB76

 View Related Documents

Title: Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines

Abstract: The Mine Safety and Health Administration (MSHA) issued an emergency temporary standard (ETS) under section

101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners in underground

bituminous coal mines face when accumulations of coal dust are not made inert. MSHA concluded from investigations of mine

explosions and other reports that immediate action was necessary to protect miners. Accumulations of coal dust can ignite,

resulting in an explosion, or after an explosion, it can propagate, increasing the severity of the explosion. The ETS requires mine

operators to increase the incombustible content of combined coal dust, rock dust, and other dust to at least 80 percent in

underground areas of bituminous mines. The ETS further requires that the incombustible content of such combined dust be

raised 0.4 percent for each 0.1 percent of methane present. The ETS strengthens the protection for miners by reducing the

potential for a coal mine explosion.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR sec 75.403 (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

Emergency Temporary Standard 09/23/2010 75 FR 57849 

48

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Hearing 10/28/2010 

Hearing 10/26/2010 

Hearing 11/18/2010 

Hearing 11/16/2010 

Comment Period End 12/20/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@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: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27; 30 CFR 14; ... (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 08/00/2012 

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: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

49

Regulations.gov Thursday, July 7, 2011 Unified Agenda
E-Mail: fontaine.roslyn@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 (CWP or 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: Completed Action

Major: No Unfunded Mandates: No

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 813(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM Comment Period End 02/28/2010 75 FR 64412 

NPRM 10/19/2010 75 FR 64412 

Notice of Public Hearings; Corrections 11/15/2010 75 FR 69617 

NPRM-Rescheduling of Public Hearings; Correction 11/30/2010 75 FR 73995 

Public Hearing 12/07/2010 

Public Hearing 01/13/2011 

Public Hearing 01/11/2011 

NPRM Comment Period Extended 01/14/2011 76 FR 2617 

Public Hearing 01/25/2011 

Public Hearing 02/08/2011 

Public Hearing 02/15/2011 

Public Hearing 02/10/2011 

Request for Comment 03/08/2011 76 FR 12648 

NPRM Comment Period End 05/02/2011 

Final Rule 05/27/2011 76 FR 30878 

Final Rule Effective 06/20/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information

URL: http://www.msha.gov/S&HINFO/BlackLung/homepage2009.asp Public Comment URL: http://www.regulations.gov

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

50

Regulations.gov Thursday, July 7, 2011 Unified Agenda
E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB70

 View Related Documents

Title: Metal and Nonmetal Dams

Abstract: On August 13, 2010, MSHA issued 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. MSHA has withdrawn this item at this time and will address this issue

through a nonregulatory approach.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

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 08/13/2010 75 FR 49429 

ANPRM Extension of Comment Period 10/07/2010 75 FR 62024 

Withdrawn 04/18/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Roslyn B. Fontaine

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

Department of Labor 1100 Wilson Boulevard, Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA03

 View Related Documents

Title: Amendments to the Family and Medical Leave Act of 1993

Abstract: The Department of Labor proposes to amend the regulations implementing the Family and Medical Leave Act to

incorporate amendments made by the National Defense Authorization Act for FY 2010 and the Airline Flight Crew Technical

Corrections Act. When initiated, this regulatory action was intended to review revisions to the regulations implementing the

National Defense Authorization Act for FY 2008 military family leave amendments and other revisions of the regulations

implemented in January 2009. Subsequent to the initiation of this action, Congress passed the National Defense Authorization

Act for FY 2010 and the Airline Flight Crew Technical Corrections Act. As a result of the Congressional action the scope of this

rulemaking has changed to implement the statutory amendments.

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 09/00/2011 

51

Regulations.gov Thursday, July 7, 2011 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: Mary Ziegler

Director, Division of Regulation, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Rm S-3502, FP Building

Washington , DC 20210 

Phone: 202 693-0406 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA04

 View Related Documents

Title: Right To Know 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 their status as the employer's employee or some other status,

such as an independent contractor, and if an employee, how their pay is computed. The Department also proposes to clarify

that the mandatory manual preparation of "homeworker" handbooks applies only to employers of employees performing

homework in the restricted industries. The title of this proposed rule has changed to better reflect the purpose of this action.

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 10/00/2011 

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: Mary Ziegler

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

Room S-3502, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-0406 

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: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

52

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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: Mary Ziegler 

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

Room S-3502, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-0406 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA06

 View Related Documents

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

Abstract: The Department is proposing to revise the child labor regulations issued pursuant to the Fair Labor Standards Act, 29

U.S.C. 212 which sets forth the criteria for the employment of minors years of age in agriculture. The Department's proposed

revisions primarily concern part E-1 of the regulation, which addresses hazardous occupations in agriculture.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed 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 212 and 213(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Agency Contact: Mary Ziegler 

Director, Division of Regulation, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Rm S-3502, FP Building

Washington , DC 20210 

Phone: 202 693-0406 

FAX: 202 693-1387

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

53

Regulations.gov Thursday, July 7, 2011 Unified Agenda
(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: Final 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 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB69

Agency Contact: Mary Ziegler

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

Room S-3502, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-0406 

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

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 

Final Action 04/05/2011 76 FR 18832 

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

54

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA03

 View Related Documents

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

Abstract: On August 13, 2010, the Department of Labor (DOL) proposed revisions to the regulations governing the

administration of the Federal Employees' Compensation Act (FECA) (75 FR 49596). The FECA provides benefits to all civilian

Federal employees and certain other groups of employees and individuals who are injured or killed while performing their jobs.

At that time, DOL also proposed revisions to the regulations establishing the authority of the Office of Workers' Compensation

Programs (OWCP) which administers the FECA. The proposed changes were summarized in that publication. The existing rules

have been amended to acknowledge a change in the organization of the OWCP and amendments to the FECA which have

occurred since the last time the regulations were amended in 1999. These changes also update the regulations by taking into

account changes in technology and other changes to improve administrative efficiency. As many FECA claimants are not

represented, the regulations are revised to insert FECA statutory references as a frame of reference for clarity and ease of use.

The regulations include adding the skin as an organ pursuant to 5 U.S.C. 8107(c)(22). The regulations also create a new special

schedule covering injuries to non-citizen non-resident Federal employees outside the United States. Finally, the regulations

covering the processing of medical bills have been updated to provide for greater use of technology in that process to reduce

costs and to clarify requirements for such submissions.

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 08/13/2010 75 FR 49596 

NPRM Comment Period End 10/12/2010 

Analyze Comments 06/00/2011 

Final Rule 11/00/2011 

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-AA04

 View Related Documents

Title: Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors

Entitlement to Benefits

Abstract: The Patient Protection and Affordable Care Act (PPACA) of 2010 amended the Black Lung Benefits Act, 30 U.S.C.

55

Regulations.gov Thursday, July 7, 2011 Unified Agenda
901 to 944, to reinstate two methods of establishing entitlement that were repealed with respect to claims filed after 1981.

Specifically, the PPACA reinstated 30 U.S.C. 921(c)(4)(presumption of total disability or death due to pneumoconiosis arising

out of coal mine employment where the miner had 15 years of coal mine employment and proof of total disability) and 30 U.S.C.

932(l) (automatic entitlement to benefits for eligible survivors of miners who were awarded benefits based on lifetime claims).

The newly amended statutory provisions apply to claims filed after January 1, 2005, that are pending on or after PPACA's

March 23, 2010 enactment date, and to all claims filed on or after March 23, 2010. The Department anticipates proposing rules

that define the class of claims affected by the amendments and set the criteria for establishing entitlement to benefits under the

amendments.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 718; 20 CFR 725 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 936; 30 USC 921

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Michael McClaran 

Deputy Director, Division of Coal Mine Workers' Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. Suite N-3464

Washington , DC 20210 

Phone: 202 693-0978 

FAX: 202 693-1395

E-Mail: mcclaran.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. On August 17, 2010, (republished on October 15, 2010), the

Department issued a Notice of Proposed Rulemaking revising the definition of recreational vessel and addressing coverage of

those employees who work in both qualifying maritime employment and employment excluded under the amendment. The

comment period ended on November 17, 2010. The Department anticipates publishing a final rule by December 2011.

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

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

Timetable:

Action Date FR Cite

NPRM 08/17/2010 75 FR 50718 

NPRM Republished 10/15/2010 75 FR 63425 

NPRM Comment Period End 11/17/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB73

Agency Contact: Brandon Miller

Chief, Branch of Financial Management, Insurance and Assessment

Department of Labor

56

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Office of Workers Compensation

200 Constitution Avenue NW. Room C-4315, FP Building

Washington , DC 20210 

Phone: 202 693-0925 

FAX: 202 693-1380

E-Mail: miller.brandon@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA03

 View Related Documents

Title: Persuader Agreements: Employer and Labor Relations 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: No 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 06/00/2011 

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

Room N-5609, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-1254 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA05

 View Related Documents

Title: Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report

Abstract: The Department intends to publish a notice and comment rulemaking seeking consideration of the Form LM-21,

Receipts and Disbursements Report, which is required pursuant to section 203(b) of the Labor-Management Reporting and

Disclosure Act (LMRDA). The rulemaking will propose mandatory electronic filing for Form LM-21 filers, and it will review the

layout of the Form LM-21 and its instructions, including the detail required to be reported.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 29 USC 433 and 438

Legal Deadline: None

Timetable:

57

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Action Date FR Cite

NPRM 11/00/2011 

Regulatory Flexibility Analysis Required: Business 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

Office of Labor Management Standards

Room N-5609, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-1254 

FAX: 202 693-1340

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 changes made to the Form LM-30 in 2007. The Form

LM-30 (Labor Organization Officer and Employee Report) is required by the Labor-Management Reporting and Disclosure Act

(LMRDA). The purpose of the Form is to identify potential conflicts of interest between the labor organization officials and their

labor organization.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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 08/10/2010 75 FR 48416 

NPRM Comment Period End 10/12/2010 

Final Action 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB74

Agency Contact: Andrew R. Davis

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

Department of Labor

Office of Labor Management Standards

Room N-5609, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-1254 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA04

 View Related Documents

Title: Internet Balloting in Union Officer Elections

Abstract: The Department published a Request for Information regarding the application of title IV of the Labor-Management

Reporting and Disclosure Act (LMRDA) in the context of Internet balloting in union officer elections. The Department will review

and consider the public responses to the RFI to determine whether to initiate regulatory action in the future.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: No

58

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 01/11/2011 76 FR 1559 

Request For Information Comment Period End 03/14/2011 

Withdrawn 04/18/2011 

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

Room N-5609, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-1254 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA03

 View Related Documents

Title: Non Discrimination in Compensation: Compensation Data Collection Tool

Abstract: Compensation discrimination is one form of discrimination that is prohibited by Executive Order 11246. Eliminating

gender and race-based, compensation discrimination continues to be a priority issue for OFCCP. To this end, OFCCP is

considering the development of a new strategic compensation data collection tool that will effectively identify contractors that are

likely to violate the Executive Order. In addition, the data collection tool may be used to conduct establishment-specific,

contractor-wide, and industry-wide analyses. Through publication of an Advance Notice of Proposed Rulemaking (ANPRM),

OFCCP will seek input from stakeholders on issues relating to the scope, content, and format of the tool to ensure that it is an

effective and efficient data collection instrument

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 41 CFR 60-2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 11246; 30 FR 12319, as amended by EO 11375; 32 FR 14303, as amended by EO 12086; 43 FR 46501

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/00/2011 

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Agency Contact: Debra A. Carr

Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. Room N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

59

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA00

 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: Other Significant 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 04/26/2011 76 FR 23358 

NPRM Comment Period End 06/27/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB80

Agency Contact: Debra A. Carr 

Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. Room N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@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 part 60-4 implementing the

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

contractors. The NPRM will strengthen and enhance the effectiveness of the affirmative action program requirements for Federal

and federally assisted construction contractors and subcontractors, particularly in the area of recruitment and job training.

Priority: Other Significant 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 11/00/2011 

60

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81

Agency Contact: Debra A. Carr 

Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. Room N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@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 Notice of Proposed Rulemaking (NPRM) would amend 41 CFR part 60-741, the nondiscrimination and

affirmative action provisions of section 503. 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

increase linkages and conduct more substantive analyses of recruitment and placement actions taken under section 503. The

NPRM would also make revisions to recordkeeping requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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 07/23/2010 75 FR 43116 

ANPRM Comment Period End 09/21/2010 

NPRM 08/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.dol.gov/ofccp Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB77

Agency Contact: Debra A. Carr 

Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. Room N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA05

 View Related Documents

Title: Sex Discrimination Guidelines

Abstract: The Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246, as

amended, which prohibits Federal Government contractors and subcontractors from discriminating against individuals in

61

Regulations.gov Thursday, July 7, 2011 Unified Agenda
employment on the basis of race, color, sex, religion, or national origin, and requires them to take affirmative action. OFCCP

regulations at 41 CFR part 60-20 set forth the interpretations and guidelines for implementing Executive Order 11246, as

amended, in regards to promoting and ensuring equal opportunities for all persons employed or seeking employment with

Government contractors and subcontractors without regard to sex. This nondiscrimination requirement also applies to

contractors and subcontractors performing under federally assisted construction contracts. The guidance in part 60-20 is more

than 30 years old. OFCCP will issue a Notice of Proposed Rulemaking to create sex discrimination regulations that reflect the

current state of the law in this area.

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

Major: No Unfunded Mandates: Undetermined

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

Legal Authority: sec 201, EO 11246, 30 FR 12319 and EO 11375, 32 FR 14303, as amended by EO 12086

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: Debra A. Carr

Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. Room N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Office of the Secretary ( OS ) RIN: 1290-AA25

 View Related Documents

Title: Update to Regulations Governing Administrative Claims Under the Federal Tort Claims Act and Related Statutes

Abstract: The current Department of Labor regulations governing administration of claims under the Federal Tort Claims Act

(FTCA) and other statutes that authorize payments for wrongful death, personal injury and/or property damage have been in

place since 1995. Since that time, experience in administering these regulations has provided a number of ideas of how these

regulations may be streamlined, clarified and improved. Furthermore, a number of changes have been made to the process

whereby such claims are paid. Finally, the FTCA claims process is also described in two other regulatory sections issued by the

Employment and Training Administration in connection with Administration of the Job Corps; these sections should be

consolidated to improve clarity and consistency with Departmental regulations. In addition minor clarifications could be made to

these regulations in regard to administration of the Federal Employees' Compensation Act in connection with Job Corps

enrollees. This will be issued as an NPRM as well as a direct final rule which will be effective 60 days after date of publication in

the Federal Register, unless we receive a significant adverse comment by 30 days after date of publication in the Federal

Register.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 638.526; 20 CFR 670.900; 29 CFR 15 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 5 USC 8143; 28 USC 2672; 29 USC 2897; 31 USC 3721

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Direct Final Rule 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

62

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Energy Affected: No

Agency Contact: Catherine P. Carter

Counsel for Claims and Compensation

Department of Labor

Office of the Secretary

200 Constitution Avenue NW. Suite S-4325

Washington , DC 20210 

Phone: 202 693-5320 

E-Mail: carter.catherine@dol.gov

Department of Labor (DOL) 

Office of the Secretary ( OS ) RIN: 1290-AA26

 View Related Documents

Title: Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

Abstract: The Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, 29

CFR part 18, subpart A, provide procedural guidance to administrative law judges, claimants, employers, and Department of

Labor representatives seeking to resolve disputes under a variety of employment and labor laws. The Office of Administrative

Law Judges (OALJ) promulgated these regulations in 1983. The rules were modeled on the Federal Rules of Civil Procedure

(Federal Rules) and have proved extraordinarily helpful in providing litigants with familiar rules governing hearing procedure.

Since 1983, the Federal Rules have been amended many times. Moreover, in 2007 the Federal Rules were given a complete

revision to improve style and clarity. The nature of litigation has also changed in the past 27 years, particularly in the areas of

discovery and electronic records. Thus, OALJ needs to revise the part 18, subpart A rules to make them more accessible and

useful to parties, and to harmonize administrative hearing procedures with the current Federal Rules. Our goal is amending the

regulations to provide clarity through the use of consistent terminology, structure and formatting so that parties have clear

direction when pursuing or defending against a claim. In addition to revising the regulations to conform to modern legal

procedure, the rules need to be modified to reflect the types of claims now heard by OALJ. When the rules were promulgated in

1983, OALJ primarily adjudicated occupational disease and injury cases. Presently, and looking ahead to the future, OALJ is

and will be increasingly tasked with hearing whistleblower and other workplace retaliation claims, in addition to the occupational

disease and injury cases. These types of cases require more structured management and oversight by the presiding

administrative law judge and more sophisticated motions and discovery procedures than our current regulations provide. In

order to best manage the complexities of whistleblower and discrimination claims, OALJ needs to update its rules to address the

procedural questions that arise in these cases.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 18A (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 553; 5 USC 554; 5 USC 556; 5 USC 557; 5 USC 571 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nikkia Wharton 

Attorney

Department of Labor

Office of the Secretary

800 K Street NW. Suite 400N

Washington , DC 20001-8002 

Phone: 202 693-7542 

E-Mail: wharton.nikkia@dol.goc

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

63

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Abstract: Rule will establish a national threshold entered employment rate for veterans under State employment service

delivery systems, as required by 38 U.S.C. 4102(c)(3)(B).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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 02/18/2011 76 FR 9517 

NPRM Comment Period End 04/19/2011 

Analyze Comments 08/00/2011 

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 

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: VETS does not intend to undertake further rulemaking for this item. VETS sought input on revisions suitable for

implementation, within the very narrow range of Secretarial authority established by the governing statute. In response to the

publication of the ANPRM, only six comments were received, five of which were submitted by State agencies with workforce

responsibilities. These five State agencies reflected a regional concentration of States from the West and Southwest. There was

no clear consensus among the comments received. Therefore, VETS intends to consider the possibility of implementing some of

the suggestions received, within the administrative flexibility available under existing statutory and regulatory authority.

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

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 06/11/2010 75 FR 33203 

ANPRM Comment Period End 09/09/2010 

Withdrawn 04/25/2011 

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 

64

Regulations.gov Thursday, July 7, 2011 Unified Agenda