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: Department of Labor. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Internet has become the means for disseminating the entirety of the Department of 

Labor’s semiannual regulatory agenda. However, the Regulatory Flexibility Act requires publication of a 

regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the 

regulatory flexibility agenda. 

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 

1

Regulations.gov Friday, May 23, 2014 Unified Agenda
requirements of section 610 of the Regulatory Flexibility Act. Thus, the regulatory flexibility agenda is a 

subset of the Department’s semiannual regulatory 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.

NAME: Thomas E. Perez,

Secretary of Labor. 

2

Regulations.gov Friday, May 23, 2014 Unified Agenda
The 91 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Equal Employment Opportunity in Apprenticeship Amendment of Regulations 1205-AB59

Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended

Benefits Indicator and Amending for Technical Corrections 1205-AB62

Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug

Testing of Unemployment Compensation Applicants 1205-AB63

H-2A Wages for Open Range Herding and Livestock Occupations 1205-AB70

Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program 1205-AB72

Employment and Training Administration - Final Rule

Title

Regulation 

Identifier 

Number

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – DOL Exceptions 1205-AB71

Employment and Training Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Wage Methodology for the Temporary Nonagricultural Employment H-2B Program, Part 2 1205-AB69

Employment and Training Administration - Completed Action

Title

Regulation 

Identifier 

Number

Implementing the Middle Class Tax Relief and Job Creation Act of 2012 Provision on Data Exchange Standardization 1205-AB64

Employee Benefits Security Administration - PreRule

Title

Regulation 

Identifier 

Number

Standards for Brokerage Windows 1210-AB59

Employee Benefits Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Pension Benefit Statements 1210-AB20

Conflict of Interest Rule-Investment Advice 1210-AB32

Target Date Disclosure 1210-AB38

Guide or Similar Requirement for Section 408(b)(2) Disclosures 1210-AB53

Selection of Annuity Providers--Safe Harbor for Individual Account Plans 1210-AB58

Amendments to Excepted Benefits 1210-AB60

Ninety-Day Waiting Period Limitation Under the Affordable Care Act 1210-AB61

Electronic Filing of Apprenticeship & Training Notices, and Top Hat Plan Statements 1210-AB62

Notice of Proposed Rulemaking for Health Care Continuation Coverage 1210-AB65

3

Regulations.gov Friday, May 23, 2014 Unified Agenda
Employee Benefits Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Annual Funding Notice 1210-AB18

Amendment of Abandoned Plan Program 1210-AB47

Adoption of amended and restated Voluntary Fiduciary Correction Program 1210-AB64

Employee Benefits Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Improved Fee Disclosure for Welfare Plans 1210-AB37

Amendment to Claims Procedure Regulation 1210-AB39

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

Revision of the Form 5500 Series and Implementing and related Regulations Under the Employee Retirement Income

Security Act of 1974 (ERISA) 1210-AB63

Employee Benefits Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

Mental Health Parity and Addiction Equity Act 1210-AB30

Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under the

Affordable Care Act 1210-AB56

Occupational Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Bloodborne Pathogens 1218-AC34

Combustible Dust 1218-AC41

Infectious Diseases 1218-AC46

Preventing Backover Injuries and Fatalities 1218-AC51

Chemical Management and Permissible Exposure Limits (PELs) 1218-AC74

Process Safety Management and Prevention of Major Chemical Accidents 1218-AC82

Shipyard Fall Protection--Scaffolds, Ladders and Other Working Surfaces 1218-AC85

Communication Towers 1218-AC90

Emergency Response and Preparedness 1218-AC91

Occupational Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Crystalline Silica 1218-AB70

Occupational Exposure to Beryllium 1218-AB76

Standards Improvement Project IV 1218-AC67

Amendments to the Cranes and Derricks in Construction Standard 1218-AC81

Clarification of Employer's Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and

Illness 1218-AC84

Cranes and Derricks in Construction: Operator Certification 1218-AC86

Updating OSHA Standards Based on National Consensus Standards Eye and Face Protection 1218-AC87

4

Regulations.gov Friday, May 23, 2014 Unified Agenda
Occupational Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

Confined Spaces in Construction 1218-AB47

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

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

Transportation Assistance Act; and Federal Railroad Safety Act 1218-AC36

Improve Tracking of Workplace Injuries and Illnesses 1218-AC49

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

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

Accountability Act of 2002, as Amended 1218-AC53

Procedures for the Handling of Retaliation Complaints Under the Consumer Financial Protection Act; the Seaman's

Protection Act; and the FDA Food Safety Modernization Act 1218-AC58

Approved State Plans for Occupational Safety and Health 1218-AC76

Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010 1218-AC79

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Moving Ahead

for Progress in the 21st Century Act 1218-AC88

Occupational Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

Number

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

Injury and Illness Prevention Program 1218-AC48

Occupational Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

Vertical Tandem Lifts 1218-AC72

Revising Record Requirements in the Mechanical Power Presses Standard 1218-AC80

Definition and Requirements for a Nationally Recognized Testing Laboratory 1218-AC83

Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement Revisions 1218-AC89

Mine Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Refuge Alternatives for Underground Coal Mines 1219-AB79

Regulatory Actions in Response to Recommendations Resulting From Investigation of the Upper Big Branch Explosion 1219-AB85

Mine Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Proximity Detection Systems for Mobile Machines in Underground Mines 1219-AB78

Fees for Testing, Evaluation and Approval of Mining Products 1219-AB82

Mine Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

5

Regulations.gov Friday, May 23, 2014 Unified Agenda
Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record 1219-AB84

Mine Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Respirable Crystalline Silica 1219-AB36

Mine Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

Wage and Hour Division - Proposed Rule

Title

Regulation 

Identifier 

Number

Family and Medical Leave Act of 1993, as Amended 1235-AA09

Establishing a Minimum Wage for Contractors, Executive Order 13658 1235-AA10

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer

Employees 1235-AA11

Wage and Hour Division - Long-term Action

Title

Regulation 

Identifier 

Number

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

Fair Labor Standards Act, Child Labor Hazardous Occupations Order, No. 7 1235-AA07

Office of Workers Compensation - Proposed Rule

Title

Regulation 

Identifier 

Number

Longshore and Harbor Workers' Compensation Act: Maximum Compensation Rate Determinations 1240-AA06

Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information 1240-AA09

Black Lung Benefits Act: Medical Evidence and Benefit Payments 1240-AA10

Office of Workers Compensation - Completed Action

Title

Regulation 

Identifier 

Number

Black Lung Benefits Act: Standards for Chest Radiographs 1240-AA07

Office of Labor Management Standards - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Office of Labor Management Standards - Final Rule

Title

Regulation 

Identifier 

Number

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

Office of Federal Contract Compliance Programs - Proposed Rule

6

Regulations.gov Friday, May 23, 2014 Unified Agenda
Title

Regulation 

Identifier 

Number

Construction Contractors' Affirmative Action Requirements 1250-AA01

Requirement to Report Summary Data on Employee Compensation (Compensation Data Collection) 1250-AA03

Sex Discrimination Guidelines 1250-AA05

Non-Retaliation for Disclosure of Compensation Information 1250-AA06

Office of Federal Contract Compliance Programs - Completed Action

Title

Regulation 

Identifier 

Number

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with

Disabilities 1250-AA02

Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

Administrative Review Board Rules of Practice and Procedure 1290-AA28

Equal Treatment in Department of Labor Programs for Faith-Based and Neighborhood Partnerships; Protection of

Religious Liberty of Department of Labor Social Service Providers and Beneficiaries 1290-AA29

Office of the Secretary - Final Rule

Title

Regulation 

Identifier 

Number

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

Department of Labor Administrative Wage Garnishment 1290-AA27

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

Title

Regulation 

Identifier 

Number

Annual Report From Federal Contractors 1293-AA20

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

Title

Regulation 

Identifier 

Number

Compliance With the VOW to Hire Heroes Act on the Requirements of DVOPs and LVERs 1293-AA19

Department of Labor (DOL) 

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

 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 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.

7

Regulations.gov Friday, May 23, 2014 Unified Agenda
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 09/00/2014 

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

Room N-5311, FP Building, 200 Constitution Avenue NW., Washington, DC 20210

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-AB62

 View Related Documents

Title: Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended

Benefits Indicator and Amending for Technical Corrections

Abstract: Regulations at 20 CFR part 615 apply to the Extended Benefits (EB) program as implemented following passage of

the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). They do not include amendments

passed in 1992 (Pub. L. 102-318) which allowed States to implement an optional total unemployment rate (TUR) trigger

mechanism. The proposed rule will add the TUR trigger to regulations. Also, until recently, the computation of the TUR trigger

paralleled the computation of the insured unemployment rate trigger in the original law and truncated digits after the second

decimal place expressed as a percentage. This rulemaking proposes a new methodology using rounding instead of truncation to

compute the "on" or "off" TUR indicators to determine when EB periods begin and end in a State.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 615 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 USC 7805; 42 USC 1302; Secretary's Order No 6-10

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2014 

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

Federalism: No

Agency Contact: Ronald Wilus 

Chief, Division of Fiscal and Actuarial Services

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building, Room S-4231, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2931 

E-Mail: wilus.ronald@dol.gov

8

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB63

 View Related Documents

Title: Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug

Testing of Unemployment Compensation Applicants

Abstract: The Employment and Training Administration of the U.S. Department of Labor (Department) proposes to establish in

regulations the occupations that regularly conduct drug testing for State Unemployment Compensation (UC) program purposes.

Section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96) amended section 303 of the Social

Security Act (42 U.S.C. sec. 303) by adding subsection (I) to permit States to enact legislation that would allow State UC

programs to conduct drug testing on applicants for whom suitable work (as defined under the State law) is available only in an

occupation that regularly conducts drug testing or if the applicant was discharged for unlawful use of drugs. States may deny

UC benefits to an applicant who tests positive for drug use under the circumstances just described. The Department is required

under 303(I) of the Social Security Act to determine and establish in regulations those occupations that regularly conduct drug

testing.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 20 CFR 620 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 112-96; Title III, Social Security Act (42 USC 301 et seq); Secretary's Order No 6-10

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Michael S. Jones 

Acting Administrator, Office of Policy Development and Research

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building, Room N-5641, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-3700 

FAX: 202 693-2766

E-Mail: jones.michael@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB70

 View Related Documents

Title: H-2A Wages for Open Range Herding and Livestock Occupations

Abstract: Office of Foreign Labor Certification of the Employment and Training Administration (ETA) has established special

procedures for certain occupations, including long-established variances for sheepherding and occupations involving the open

range production of livestock. The wage-setting methodology for these occupations has been set in the past by sub-regulatory

guidance. ETA is engaging in this regulatory action in anticipation of amending the process by which it sets wages to seek and

obtain input from the regulated community.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed 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 1188

Legal Deadline: None

9

Regulations.gov Friday, May 23, 2014 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 03/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business 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

Washington , DC 20210

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB72

 View Related Documents

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

Abstract: The Immigration and Nationality Act (INA) establishes the H-2B visa classification for a non-agricultural temporary

worker "having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the

United States to perform . . . temporary [non-agricultural] service or labor if unemployed persons capable of performing such

service or labor cannot be found in this country[.]" 8 U.S.C. 1101(a)(15)(H)(ii)(b). The INA also requires an importing employer

(H-2B employer) to petition the Department of Homeland Security (DHS) for classification of the prospective temporary worker

as an H-2B nonimmigrant, and DHS must approve such petition before the beneficiary can be considered eligible for an H-2B

visa or H-2B status. 8 U.S.C. 1184(c)(1). The INA further requires DHS to consult with "appropriate agencies of the

Government" before adjudicating an H-2B petition, and DHS has determined that it must consult with the Department of Labor

(DOL) to determine whether U.S. workers capable of performing the temporary services or labor are available and that the

foreign worker's employment will not adversely affect the wages or working conditions of similarly employed U.S. workers. 8

CFR 214.2(h)(6)(iii)(A). DHS's regulation requires H-2B employers to obtain certification from DOL that these conditions are met

prior to submitting a petition to DHS. Id. As part of DOL's certification, DHS requires DOL to determine the prevailing wage

applicable to an application for temporary labor certification. 8 CFR 214.2(h)(6)(iii)(D). DOL has established procedures to certify

whether a qualified U.S. worker is available to fill the petitioning H-2B employer's job opportunity and whether foreign worker's

employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. See

20 CFR part 655, subpart A. As part of DOL's labor certification process and, pursuant to the DHS regulations, 8 CFR

214.2(h)(6)(iii)(D), DOL sets the wage that employers must offer and pay foreign workers entering the country on an H-2B visa.

See 20 CFR 655.10. DOL revised the wage methodology used in the H-2B program in 2011, and jointly with the Department of

Homeland Security again in 2013. The later action was an interim final rule (IFR) in response to a court order. However, DOL

requested and received comments on all aspects of the 2013 revisions to the H-2B wage methodology in the IFR. DOL has

determined that further notice and comment is appropriate on the proper methodology for determining the prevailing wage in the

H-2B program, and will consider comments submitted in conjunction with the IFR together with comments submitted on this new

proposal in order to issue a final rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 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 1148(c); 29 USC 49k; 8 CFR 214.2(h)(6)(iii)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local

Small Entities Affected: Business Federalism: No

Agency Contact: William L. Carlson Ph.D.

Administrator, Office of Foreign Labor Certification

10

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor

Employment and Training Administration

FP Building, Room C-4312, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB71

 View Related Documents

Title: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – DOL Exceptions

Abstract: To deliver on the promise of a 21st-century government that is more efficient, effective, and transparent, the Office

of Management and Budget (OMB) is streamlining the Federal government's guidance on Administrative Requirements, Cost

Principles, and Audit Requirements for Federal awards. These modifications are a key component of a larger Federal effort to

more effectively focus Federal resources on improving performance and outcome while ensuring the financial integrity of

taxpayer dollars in partnership with non-Federal stakeholders. Therefore, OMB has tasked Federal agencies, including the

Department of Labor, with updating their respective regulations on Administrative Requirements, Cost Principles and Audit

Requirements for Federal awards by issuing new regulations that conform to the OMB guidance. The regulation will reflect a

government-wide framework for grants management which will be complemented by additional efforts to strengthen program

outcomes through innovative and effective use of grant-making models, performance metrics, and evaluation. This regulation

will reduce administrative burdens for non-Federal awards while reducing the risk of waste, fraud and abuse.

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: 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2014 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura P. Watson 

Associate Deputy Administrator

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FPB, Room N-4716, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-3333 

FAX: 202 693-3362

E-Mail: watson.laura.p@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB69

 View Related Documents

Title: Wage Methodology for the Temporary Nonagricultural Employment H-2B Program, Part 2

Abstract: In an interim final rule (IFR) published in April, 2013, the Department of Homeland Security (DHS) and Department

of Labor (DOL) amended their regulations governing the methodology by which DOL calculates the prevailing wages to be paid

to H-2B workers and U.S. workers recruited in connected with the application for employment certification of nonimmigrant

workers in temporary or seasonal non-agricultural employment. That prevailing wage is then used by employers in petitioning

the DHS to allow nonimmigrant workers to enter the U.S. in H-2B status. DOL and DHS jointly issued this rule in response to

the court's order in Comite de Apoyo a los Trabajadores Agricolas v. Solis, which vacated a provision of DOL's prevailing wage

11

Regulations.gov Friday, May 23, 2014 Unified Agenda
rate regulation, and to ensure that the rule is in effect nationwide in light of other outstanding litigation. The IFR requested

comments from the public on a variety of regulatory and policy issues, and the final rule will consider the public's input and

make revisions to the regulations as warranted.

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

Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR 655; 8 CFR 214 (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: 

Action Source Description Date

Other Judicial Judicial order 04/22/2013 

Timetable:

Action Date FR Cite

Final Rule

Interim Final Rule 04/24/2013 78 FR 24047 

Interim Final Rule Effective 04/24/2013 

Interim Final Rule Comment Period End 06/10/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 1205-AB61 Related Agencies: Joint: USCIS

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

Washington , DC 20210

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB64

 View Related Documents

Title: Implementing the Middle Class Tax Relief and Job Creation Act of 2012 Provision on Data Exchange Standardization

Abstract: The Employment and Training Administration of the U.S. Department of Labor (Department) designated in

regulations data exchange standards, developed in consultation with the Office of Management and Budget (OMB), for

Unemployment Insurance (UI) administration for any category of information required under title III, title IX, or title XII of the

Social Security Act (Pub. L. 74-271). Section 2104 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-

96) amends and adds section 911 to title IX of the Social Security Act (42 USC section 1101 et seq.) requiring the Department

to issue a rule, developed in consultation with OMB, that outlines data exchange standards for required reporting. These

standards will improve the interoperability of State, Federal, and employer operated systems that collect and exchange

information for UI administrative purposes.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 619 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 112-96; title IX, Social Security Act (42 USC 1101 et seq)

Legal Deadline: 

Action Source Description Date

Other Statutory 02/22/2014 

Timetable:

Action Date FR Cite

NPRM 02/25/2013 78 FR 12655 

NPRM Comment Period End 04/26/2013 

12

Regulations.gov Friday, May 23, 2014 Unified Agenda
Final Rule 02/19/2014 79 FR 9404 

Final Rule Effective 03/21/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gay Gilbert 

Administrator, Office of Unemployment Insurance

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building, Room S-4524, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-3029 

E-Mail: gilbert.gay@dol.gov

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB59

 View Related Documents

Title: Standards for Brokerage Windows

Abstract: Employee Benefits Security Administration (EBSA) will review the use of brokerage windows in participant-directed

individual account retirement plans covered by the Employee Retirement Income Security Act of 1974 (ERISA). Instead of

offering a limited number of investment options chosen by a plan fiduciary, a brokerage window may give plan participants

access to a broad range of diverse investment alternatives available on the market. This rulemaking project will explore

whether, and to what extent, regulatory guidance on fiduciary requirements and regulatory safeguards for such arrangements

are appropriate for plans that allow participants to direct investments through brokerage windows. EBSA expects to begin this

review by issuing a Request for Information.

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 1135; ERISA Sec 505; 29 USC 1104; ERISA Sec 404

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

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 the Employee Retirement Income

Security Act (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 three years, with

an annual alternative. Individual account plans that permit participant direction must provide the statement quarterly, and

13

Regulations.gov Friday, May 23, 2014 Unified Agenda
individual account plans that do not permit participant direction must provide the statement annually. As part of this initiative, the

Department will explore whether, and how, an individual benefit statement should and could present a participant's accrued

benefits in a defined contribution plan (i.e., the individual's account balance) as a lifetime income stream of payments, in

addition to presenting the benefits as an account balance.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

sec 505

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

ANPRM 05/08/2013 78 FR 26727 

ANPRM Comment Period End 07/08/2013 

Extension of ANPRM 07/15/2013 78 FR 42027 

Comment Period End 08/07/2013 

NPRM 01/00/2015 

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

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

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

 View Related Documents

Title: Conflict of Interest Rule-Investment Advice

Abstract: This rulemaking would reduce harmful conflicts of interest by amending the regulatory definition of the term "fiduciary"

set forth at 29 CFR 2510.3-21(c) to more broadly define as fiduciaries, employee benefits plans, and individual retirement

accounts (IRAs) those persons who render investment advice to plans and IRAs for a fee within the meaning of section 3(21) of

the Employee Retirement Income Security Act (ERISA) and section 4975(e)(3) of the Internal Revenue Code. The amendment

would take into account current practices of investment advisers, and the expectations of plan officials and participants, and IRA

owners who receive investment advice, as well as changes that have occurred in the investment marketplace, and in the ways

advisers are compensated that frequently subject advisers to harmful conflicts of interest.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed 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 

NPRM Comment Period End 01/20/2011 

Second NPRM 01/00/2015 

14

Regulations.gov Friday, May 23, 2014 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

Department of Labor (DOL) 

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

 View Related Documents

Title: Target Date Disclosure

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 published in the Federal Register, at

section 2550.404a-5 (75 FR 64910, Oct. 20, 2010), a final regulation that requires the disclosure of certain plan and investmentrelated information, including fee and expense information, to participants and beneficiaries in participant-directed 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: Proposed 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 

NPRM Reopening Comment Period 05/24/2012 77 FR 30928 

NPRM Reopening Comment Period Ends 07/09/2012 

Reopen Record (NPRM) 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB53

 View Related Documents

Title: Guide or Similar Requirement for Section 408(b)(2) Disclosures

15

Regulations.gov Friday, May 23, 2014 Unified Agenda
Abstract: Paragraph (c) of 29 CFR 2550.408b-2 requires covered service providers to make certain disclosures to responsible

plan fiduciaries in order for contracts or arrangements between the parties to be considered reasonable under section 408(b)(2)

of the Employee Retirement Income Security Act (ERISA). This rulemaking would amend the disclosure provisions in paragraph

(c) so that covered service providers may be required to furnish a guide or similar tool along with such disclosures. A guide or

similar requirement may assist fiduciaries, especially fiduciaries to small and medium-sized plans, in identifying and

understanding the potentially complex disclosure documents that are provided to them, or if disclosures are located in multiple

documents.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2550.408b-2(c) (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 03/12/2014 79 FR 13949 

NPRM Comment Period End 06/10/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Split From 1210-AB08

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB58

 View Related Documents

Title: Selection of Annuity Providers--Safe Harbor for Individual Account Plans

Abstract: The Department in 2008 issued a regulation pursuant to section 404 of the Employee Retirement Income Security

Act that establishes a safe harbor for satisfaction of fiduciary responsibilities in selecting an annuity provider and contract for

benefit distributions from an individual account retirement plan. See 29 CFR section 2550.404a-4. More recently, the

Department and the Department of the Treasury published a Request for Information Regarding Lifetime Income Options for

Participants and Beneficiaries in Retirement Plans (RFI), seeking comments on what measures the Departments could take to

encourage such plans to offer annuities or other arrangements that provide a lifetime stream of income after retirement. See 75

FR 5253 (Feb. 2, 2010). Based on the RFI comments, the Department is developing proposed amendments to the annuity

selection safe harbor primarily focused on the condition in the safe harbor relating to the ability of the annuity provider to make

all future payments under the annuity contract.

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 1104; ERISA sec 404; 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Janet Walters 

Senior Advisor

16

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB60

 View Related Documents

Title: Amendments to Excepted Benefits

Abstract: This document contains proposed rules that would amend the regulations regarding excepted benefits under the

Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act, as amended

by the Health Insurance Portability and Accountability Act (HIPAA), and the Patient Protection and Affordable Care Act

(Affordable Care Act).

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: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/24/2013 78 FR 77632 

NPRM Comment Period End 02/24/2014 

Analyzing Comments 05/00/2014 

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

Washington , DC 20210

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB61

 View Related Documents

Title: Ninety-Day Waiting Period Limitation Under the Affordable Care Act

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

Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of

the Public Health Service (PHS) Act. These regulations provide guidance on a discrete issue related to the 90-day waiting

period limitation under section 2708 of the PHS Act.

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: Not Yet Determined

Legal Deadline: None

17

Regulations.gov Friday, May 23, 2014 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 02/24/2014 79 FR 10320 

NPRM Comment Period End 04/25/2014 

Analyze Comments 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

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

Washington , DC 20210

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB62

 View Related Documents

Title: Electronic Filing of Apprenticeship & Training Notices, and Top Hat Plan Statements

Abstract: Regulation 29 CFR § 2520.104-22 contains an exemption from the reporting and disclosure requirements for

apprenticeship and training plans. Regulation 29 CFR § 2520.104-23 contains an alternative method of compliance with the

reporting and disclosure requirements for pension plans for certain selected employees. Both regulations contain a filing

obligation. This rulemaking would amend those regulations to substitute electronic filing for regular mail or hand delivery.

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

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2520.104-22; 29 CFR 2520.104-23 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 29 USC 1024; ERISA sec 104; 29 USC 1030; ERISA sec 110; 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB65

 View Related Documents

Title: Notice of Proposed Rulemaking for Health Care Continuation Coverage

18

Regulations.gov Friday, May 23, 2014 Unified Agenda
Abstract: The proposed amendment will eliminate the current version of the model general notice contained in the appendix of

§ 2590.606–1 and the model election notice contained in the appendix of § 2590.606–1 as these model notices are outdated.

Additionally, these proposed regulations make technical changes to the instruction language pointing to the model notices in the

appendices in paragraph (g) of § 2590.606–1 and paragraph (g) of § 2590.606–4. These changes will permit the Department to

amend the model notices as necessary and provide the most current versions of the model notices on the Department's

website. These changes will also eliminate confusion that may result from multiple versions of the model notices being available

in different locations. Contemporaneous with issuance of these proposed regulations, the Department is also issuing updated

model notices that reflect that coverage is now available in the Marketplace and provide information on special enrollment rights

in the Marketplace, as well as guidance announcing the availability of such updated notices.

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: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/07/2014 79 FR 26192 

NPRM Comment Period End 07/07/2014 

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

Washington , DC 20210

Phone: 202 693-8335 

FAX: 202 219-1942

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 the Employee Retirement Income Security Act (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 07/00/2014 

19

Regulations.gov Friday, May 23, 2014 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Stephanie Ward-Cibinic 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue, NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

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, 2006, the Department published a package of regulations, collectively titled 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: Final 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 12/12/2012 77 FR 74063 

NPRM Comment Period End 02/11/2013 

Final Rule 10/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB64

 View Related Documents

Title: Adoption of amended and restated Voluntary Fiduciary Correction Program

Abstract: The Employee Benefits Security Administration (EBSA) is amending and restating its Voluntary Fiduciary Correction

Program (VFCP) under the Employee Retirement Income Security Act of 1974 (ERISA), which originally was adopted in 2002

and revised in 2005 and 2006. The VFCP is designed to encourage the voluntary correction of fiduciary violations by permitting

persons to avoid potential civil actions and civil penalties if they take steps to correct identified violations in a manner consistent

with the VFCP. The amendments will expand the scope of some transactions currently eligible for correction and streamline

20

Regulations.gov Friday, May 23, 2014 Unified Agenda
correction procedures for certain others. EBSA will issue a restatement of the VFCP in its entirety and request public comments.

Priority: Other Significant 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: ERISA sections 502(a)(2), (a)(5), and 506(b); ERISA section 408(a); IRC section 4975(c)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

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 the

Employee Retirement Income Security Act (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: Long-term Action

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

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

Department of Labor (DOL) 

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

21

Regulations.gov Friday, May 23, 2014 Unified Agenda
 View Related Documents

Title: Amendment to Claims Procedure Regulation

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

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

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

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

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

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

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

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

rules governing the internal claims and appeals process.

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

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

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

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

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

22

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB63

 View Related Documents

Title: Revision of the Form 5500 Series and Implementing and related Regulations Under the Employee Retirement Income

Security Act of 1974 (ERISA)

Abstract: This regulatory action is part of long term strategic project with the Internal Revenue Service and the Pension Benefit

Guaranty Corporation to modernize and improve the Form 5500 Annual Return/Report of Employee Benefit Plan. Modernizing

the financial and other annual reporting requirements on the Form 5500 and making the investment and other information on

the Form 5500 more data mineable are part of that evaluation. The project is also focused on enhancing the agencies' ability to

collect employee benefit plan data that best meets the needs of changing compliance projects, programs, and activities.

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

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 29 USC 1021-1025; 29 USC 1027; 29 USC 1029-30; 29 USC 1134-1135; 29 USC 1059; 29 USC 1204

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Mara S Blumenthal 

Employee Benefits Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue, NW, Room N5669, FP Building, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-8500 

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 the Employment Retirement Income Security Act (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: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2590.712 (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 

23

Regulations.gov Friday, May 23, 2014 Unified Agenda
Timetable:

Action Date FR Cite

Request for Information 04/28/2009 74 FR 19155 

Request for Information Comment Period End 05/28/2009 

Interim Final Rule 02/02/2010 75 FR 5410 

Interim Final Rule Effective 04/05/2010 

Interim Final Rule Comment Period End 05/03/2010 

Final Rule 11/13/2013 78 FR 68239 

Final Rule Effective 01/13/2014 

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

published a joint interim final rule implementing MHPAEA.

Regulatory Flexibility Analysis Required: No 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

Washington , DC 20210

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB56

 View Related Documents

Title: Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under the

Affordable Care Act

Abstract: The Patient and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of the Employment Retirement

Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public

Health Service (PHS) Act. These regulations provide guidance on the 90-day waiting period limitation under section 2708 of the

PHS Act and makes technical amendments to regulations to conform to Affordable Care Act provisions already in effect, as well

as those that will become effective beginning 2014.

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 1185d

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/21/2013 78 FR 17313 

NPRM Comment Period End 05/20/2013 

Final Rule 02/24/2014 79 FR 10296 

Final Rule Effective 04/25/2014 

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions Government Levels Affected: Local; State

Federalism: No

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

24

Regulations.gov Friday, May 23, 2014 Unified Agenda
Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

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 

End Review and Issue Findings 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: John Hermanson 

Acting Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., Room N-3641, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: hermanson.john@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC41

 View Related Documents

Title: Combustible Dust

Abstract: Occupational Safety and Health Administration (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) on March 11, 2008, launched a new webpage, and issued several other

guidance documents. 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, and

an expert forum was convened on May 13, 2011.

25

Regulations.gov Friday, May 23, 2014 Unified Agenda
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 655(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/21/2009 74 FR 54333 

Stakeholder Meetings 12/14/2009 

ANPRM Comment Period End 01/19/2010 

Stakeholder Meetings 02/17/2010 

Stakeholders Meetings 03/09/2010 75 FR 10739 

Initiate SBREFA 12/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@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 disease 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, Methicillin-resistant Staphylococcus aureus (MRSA), and other infectious diseases that can be transmitted through a

variety of exposure routes. OSHA is concerned about the ability of employees to continue to provide health care and other

critical services without unreasonably jeopardizing their health. OSHA is considering the need for a standard to ensure that

employers establish a comprehensive infection control program and control measures to protect employees from infectious

disease exposures to pathogens that can cause significant disease. Workplaces where such control measures might be

necessary include: health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and

other occupational settings where employees can be at increased risk of exposure to potentially infectious people. A standard

could also apply to laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners'

offices, medical examiners, and mortuaries.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

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 07/29/2011 

26

Regulations.gov Friday, May 23, 2014 Unified Agenda
Initiate SBREFA 05/00/2014 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Local; State

Federalism: Undetermined

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

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

 View Related Documents

Title: Preventing Backover Injuries and Fatalities

Abstract: OSHA published an RFI (77 FR 18973; March 29, 2012) that sought information on two subjects: 1) preventing

backover injuries; and 2) the hazards and risks of reinforcing concrete operations in construction, including post-tensioning.

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 an object. Struck-by injuries and caught-between injuries are two of the

four leading causes of workplace fatalities. The Bureau of Labor Statistics reports that in 2011, 75 workers were fatally backed

over while working. While many backing incidents can prove to be fatal, workers can suffer severe, non-fatal injuries as well. A

review of OSHA's Integrated Management Information System (IMIS) database found that backing incidents can result in serious

injury to the back and pelvis, fractured bones, concussions, amputations, and other injuries. Emerging technologies in the field

of backing operations may prevent incidents. The technologies include cameras and proximity detection systems. The use of

spotters and internal traffic control plans can also make backing operations safer. The Agency has held stakeholder meetings on

backovers, and is conducting site visits to employers. Current rules regarding reinforcing steel and post-tensioning activities may

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 many types of construction. OSHA's IMIS data indicates that 31 workers died

while performing work on or near post-tensioning operations or reinforcing steel between 2000 and 2009. Currently, workers

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

reinforcing steel dowels, among other causes. Employees involved in post-tensioning activities are at risk for incidents caused

by the misuse of post-tensioning equipment and improper training. The Agency is continuing to seek information about injuries

and hazards of reinforcing steel operations.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 03/29/2012 77 FR 18973 

Comment Period End 07/27/2012 

Analyze Comments (Concrete) 05/00/2014 

Initiate SBREFA (Backovers) 08/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Director, Directorate of Construction

Department of Labor

27

Regulations.gov Friday, May 23, 2014 Unified Agenda
Occupational Safety and Health Administration

FP Building, Room N-3468, 200 Constitution Avenue NW., Washington, DC 20210

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-AC74

 View Related Documents

Title: Chemical Management and Permissible Exposure Limits (PELs)

Abstract: The majority of the Occupational Safety and Health Administration's (OSHA) Permissible Exposure Limits (PELs)

were adopted in 1971, under section 6(a) of the OSH Act and only a few have been successfully updated since that time. There

is widespread agreement among industry, labor, and professional occupational safety and health organizations that OSHA's

PELs are outdated and need revising in order to take into account newer scientific data that indicates that significant

occupational health risks exist at levels below OSHA's current PELs. In 1989, OSHA issued a final standard that lowered PELs

for over 200 chemicals and added PELs for 164. However, the final rule was challenged and ultimately vacated by the 11th

Circuit Court of Appeals in 1991 citing deficiencies in OSHA's analyses. Since that time OSHA has made attempts to examine

its outdated PELs in light of the court's 1991 decisions. Most recently, OSHA sought input through a stakeholder meeting and

web forum to discuss various approaches that might be used to address its outdated PELs. As part of the Department's

Regulatory Review and Lookback Efforts, OSHA is developing a Request for Information (RFI) seeking input from the public to

help the Agency identify effective ways to address occupational exposure to chemicals.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC82

 View Related Documents

Title: Process Safety Management and Prevention of Major Chemical Accidents

Abstract: In accordance with the Executive Order 13650, Improving Chemical Facility Safety and Security, Occupational Safety

and Health Administration (OSHA) issued a Request for Information (RFI) on December 9, 2013 (78 FR 73756). The RFI

anticipates to identify issues related to modernization of the Process Safety Management standard and related standards

necessary to meet the goal of preventing major chemical accidents.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

28

Regulations.gov Friday, May 23, 2014 Unified Agenda
Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1910.119 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655; 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 12/09/2013 78 FR 73756 

Comment Period Extended 03/07/2014 79 FR 13006 

RFI Comment Period End 03/10/2014 

Analyze Comments 07/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC85

 View Related Documents

Title: Shipyard Fall Protection--Scaffolds, Ladders and Other Working Surfaces

Abstract: Existing 29 CFR Part 1915, subpart E; Scaffolds Ladders and Other Working Surfaces includes scaffolds or staging,

ladders, guarding of deck openings and edges, access to vessels, access to and guarding of dry docks and marine railways,

access to cargo spaces and confined spaces, and working surfaces. These requirements are not comprehensive in their

coverage of fall hazards in shipyards. In addition, provisions will be updated to reflect technological advances, while other

provisions will be revised to be consistent with national consensus standards. Since this would result in a large, cumbersome

subpart, Occupational Safety and Health Administration (OSHA) will request information in dividing this rulemaking into three

subparts: subpart E Stairways, Ladders and Other Access and Egress; subpart M Fall Protection; and subpart N Scaffolds. The

estimated number of annualized fatalities associated with each subpart are: subpart E; Stairways, Ladders and Other Access

and Egress. Approximately 1 to 2 fatalities are occurring each year; subpart M; Fall Protection. Approximately 3 to 4 fatalities in

shipyards, associated with falls from elevations, are occurring each year; subpart N; Scaffolds. Approximately 1 fatality is

occurring each year.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1915.71 to 1915.77; subpart E; Scaffolds, Ladders & Other Working Surfaces (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 41, Longshore and Harbor Workers Compensation Act (33 USC 941); sec 4, 6, and 8 Occupational

Safety and Health Act of 1970 (29 USC 653, 655, 657); Secretary of Labor’s Order No. 12-71 (36 FR 8754); 8-76 (41 FR

25059), or 9-83 (48 FR 35736) as applicable; 29 CFR 1911

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 08/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: William Perry 

29

Regulations.gov Friday, May 23, 2014 Unified Agenda
Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC90

 View Related Documents

Title: Communication Towers

Abstract: During the 1990s, the growing demand for wireless and broadcast communications spurred a dramatic increase in

the number of communication towers being erected, maintained and serviced. While the number of employees engaged in the

communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced

an average fatality rate that greatly exceeds that of the construction industry, for example. In 2013, the industry experienced a

dramatic increase in the number of fatalities occurring during communication tower work, with 13 total fatalities. Falls are the

leading cause of death in tower work. Fall protection is used either improperly or inconsistently. Several communication towers

have recently collapsed while employees worked on structural modifications. Employees are often hoisted to working levels on

small base-mounted drum hoists that have been mounted to a truck chassis, and these may not be rated to hoist personnel.

Communication tower construction and maintenance activities are not adequately covered by current OSHA fall protection and

personnel hoisting standards.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926; 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655

Legal Deadline: 

Action Source Description Date

Other Statutory Request for Information 06/30/2014 

Timetable:

Action Date FR Cite

Request For Information 06/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

FP Building, Room N-3468, 200 Constitution Avenue NW., Washington, DC 20210

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-AC91

 View Related Documents

Title: Emergency Response and Preparedness

Abstract: Occupational Health and Safety Administration (OSHA) published a Request for Information (RFI) on Emergency

Response and Preparedness (72 FR 51735, OSHA Docket 2007-0073, http://www.regulations.gov/#!docketDetail;D=OSHA30

Regulations.gov Friday, May 23, 2014 Unified Agenda
2007-0073) on September 11, 2007. The RFI addressed the way that OSHA currently regulates aspects of emergency

response and preparedness under its existing standards, and that some of these standards were promulgated decades ago,

and none were designed as comprehensive emergency response standards. Consequently, they do not address the full range

of hazards or concerns currently facing emergency responders, nor do they reflect major changes in performance specifications

for protective clothing and equipment. The Agency acknowledged that current OSHA standards also do not reflect all the major

developments in safety and health practices that have already been accepted by the emergency response community and

incorporated into industry consensus standards. The Agency received 84 comments, many favorable on the need for further

action to protect emergency responders. In the tragedy that struck West, Texas, in April 2013, it was reaffirmed that emergency

responder health and safety continues to be an area of ongoing need. President Obama issued Executive Order 13650

Improving Chemical Facility Safety and Security (EO) on August 1, 2013, to improve chemical facility safety and security,

including emergency responder safety. The Agency will host a stakeholder meeting in July 2014 to address the lessons learned

from West, Texas as well as how to integrate this information with the existing docket of information, as well as any other

developments since closing the RFI docket.

Priority: Other 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: 29 USC 655(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meetings 07/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@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 Occupational

Safety and Health Administration (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. National Institute for Occupational Safety and Health (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: Private Sector

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 ) 

31

Regulations.gov Friday, May 23, 2014 Unified Agenda
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 09/12/2013 78 FR 56274 

NPRM Comment Period Extended; Notice of Intention to Appear at

Pub Hearing; Scheduling Pub Hearing 10/31/2013 78 FR 65242 

NPRM Comment Period Extended 01/29/2014 79 FR 4641 

Informal Public Hearing 03/18/2014 

Post Hearing Comment Period Ends 07/00/2014 

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

Federalism: Yes

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

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 for permissible exposure limit

(PEL) to beryllium 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 worksites 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 also completed a scientific

peer review of its draft risk assessment.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 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 

NPRM 07/00/2014 

32

Regulations.gov Friday, May 23, 2014 Unified Agenda
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC67

 View Related Documents

Title: Standards Improvement Project IV

Abstract: OSHA's Standards Improvement Projects (SIPs) are intended to remove or revise duplicative, unnecessary, and

inconsistent safety and health standards. The Agency has published three earlier final standards to remove unnecessary

provisions, thus reducing costs or paperwork burden on affected employers. Standards Improvement Project Phase I was

published in the Federal Register on June 18, 1998 (63 FR 33450); SIPs Phase 2 was published on January 5, 2005 (70 FR

1111); and SIPs Phase III was published June 8, 2011 (76 FR 33590). The Agency believes that these standards have reduced

the compliance costs and eliminated or reduced the paperwork burden for a number of its standards. The Agency only

considers such changes to its standards so long as they do not diminish employee protections. The Agency is initiating a fourth

rulemaking effort to identify unnecessary or duplicative provisions or paperwork requirements that are focused primarily on its

construction standards in 29 CFR 1926.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 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

Request for Information 12/06/2012 77 FR 72781 

Request for Information Comment Period Ends 02/04/2013 

NPRM 08/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

FP Building, Room N-3468, 200 Constitution Avenue NW., Washington, DC 20210

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-AC81

 View Related Documents

33

Regulations.gov Friday, May 23, 2014 Unified Agenda
Title: Amendments to the Cranes and Derricks in Construction Standard

Abstract: Occupational Safety and Health Administration (OSHA) is proposing corrections and amendments to the final

standard for cranes and derricks published in August 2010. The standard has a large number of provisions designed to improve

crane safety and reduce worker injury and fatality. The proposed amendments: correct references to power line voltage for direct

current (DC) voltages as well as alternating current (AC) voltages; broadens the exclusion for forklifts carrying loads under the

forks from "winch or hook" to with a "winch and boom"; clarifies an exclusion for work activities by articulating cranes; provides

four definitions inadvertently omitted in the final standard; replaces "minimum approach distance" with "minimum clearance

distance" throughout to remove ambiguity; clarifies the use of demarcated boundaries for work near power lines; corrects an

error permitting body belts to be used as a personal fall arrest system rather than a personal fall restraint system; replaces the

verb "must" with "may" used in error in several provisions; corrects an error in a caption on standard hand signals; and resolves

an issue of "NRTL-approved" safety equipment (e.g., proximity alarms and insulating devices) that is required by the final

standard, but is not yet available.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 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

NPRM 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

FP Building, Room N-3468, 200 Constitution Avenue NW., Washington, DC 20210

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-AC84

 View Related Documents

Title: Clarification of Employer's Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and

Illness

Abstract: OSHA is proposing to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate

records of work-related injuries and illnesses is an ongoing obligation. The duty to make and maintain an accurate record of an

injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or

illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1904.0; 29 CFR 1904.4; 29 CFR 1904.29; 29 CFR 1904.32; 29 CFR 1904.33; 29 CFR 1904.35; 29 CFR

1904.40; ... (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 857(c), (g); 29 USC 673(a), (e); 29 USC 651(b)(12)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

34

Regulations.gov Friday, May 23, 2014 Unified Agenda
Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC86

 View Related Documents

Title: Cranes and Derricks in Construction: Operator Certification

Abstract: On August 9, 2010, Occupational Safety and Health Administration (OSHA) issued a final standard establishing

requirements for cranes and derricks used in construction work. The standard requires employers to ensure that crane operators

on construction sites are certified by November 10, 2014; until that date, employers must ensure that operators are competent to

safely operate a crane. After the standard was issued, a number of parties informed OSHA of serious problems and limitations

associated with the crane operator certification that it would not guarantee sufficient safety on construction sites. OSHA has

decided to address these problems through (separate) possible rulemaking on operator qualification. To ensure safe operation

of cranes beyond November 2014, the Agency is extending the existing employer responsibility to ensure crane operator

competency by 3 years to November 2017. The enforcement date for operators to be certified will also extended by 3 years in

the proposal.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1926.1427 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 40 USC 3701 et seq; 5 USC 553; Secretary of Labor's Order No. 1-

2012 (77 FR 3912, Jan 25, 2012); 29 CFR part 1911; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/10/2014 79 FR 7611 

NPRM Comment Period End 03/12/2014 

Notice of Informal Public Hearing 04/15/2014 79 FR 21164 

Analyze Comments 05/00/2014 

Informal Public Hearing 05/19/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

FP Building, Room N-3468, 200 Constitution Avenue NW., Washington, DC 20210

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-AC87

35

Regulations.gov Friday, May 23, 2014 Unified Agenda
 View Related Documents

Title: Updating OSHA Standards Based on National Consensus Standards Eye and Face Protection

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 Occupational Safety and Health Administration (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). The Personal Protective Equipment (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 2010 edition of the Eye and Face Protection (ANSI Z-87.1) consensus standard. OSHA intends

to publish a Direct Final Rule to incorporate the 2010 edition of the American National Standard, Z87.1 Eye and Face Protection

for general industry, shipyard employment, long shoring, marine terminals, and construction industries.

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

Major: No 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

NPRM/Direct Final Rule 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@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.

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

36

Regulations.gov Friday, May 23, 2014 Unified Agenda
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 Rule 08/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Jim Maddux 

Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

FP Building, Room N-3468, 200 Constitution Avenue NW., Washington, DC 20210

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-AB80

 View Related Documents

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

Abstract: In 1990, OSHA published a 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. As a result of issues raised in

comments to the 1990 NPRM, OSHA published a notice to reopen the rulemaking for comment on May 2, 2003. Based on

comments received on the 2003 notice, OSHA determined that the rule proposed in 1990 was out-of-date and did not reflect

current industry practice or technology. The Agency published a second proposed rule on May 24, 2010, which reflected current

information and increased consistency with other OSHA standards. Hearings were held on January 18 through 21, 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Final 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 08/26/2011 

Final Rule 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

37

Regulations.gov Friday, May 23, 2014 Unified Agenda
Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@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; Surface

Transportation Assistance Act; and Federal Railroad Safety Act

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

1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act amended the Federal 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 is publishing final 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), includes a whistleblower

protection provision that is 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 amended 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. The final rule under STAA

was published on September 27, 2012. Pursuant to these statutes, the rules 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 08/31/2010 75 FR 53522 

Interim Final Rule Effective 08/31/2010 

Interim Final Rule Comment Period End 11/01/2010 

Surface Transportation Assistance Act of 1982 (STAA), as Amended 07/27/2012 77 FR 44121 

Final Action (FRSA & NTSSA) 02/00/2015 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura Seeman 

Division Chief, Field Operations, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

38

Regulations.gov Friday, May 23, 2014 Unified Agenda
200 Constitution Avenue, NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2199 

E-Mail: seeman.laura@dol.gov

Department of Labor (DOL) 

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

 View Related Documents

Title: Improve Tracking of Workplace Injuries and Illnesses

Abstract: Occupational Safety and Health Administration (OSHA) is making 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 rulemaking 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: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 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 

Public Meeting 01/09/2013 

NPRM 11/08/2013 78 FR 67253 

Notice of Public Meeting 11/15/2013 78 FR 68782 

NPRM Comment Period End 03/08/2014 

Final Rule 03/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: John Hermanson 

Acting Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., Room N-3641, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: hermanson.john@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 rulemaking involves changes to two aspects of the OSHA recordkeeping and reporting requirements. First,

OSHA is updating 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 rulemaking 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, this rulemaking would revise the reporting requirements regarding the

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

39

Regulations.gov Friday, May 23, 2014 Unified Agenda
employers to report to OSHA within 8 hours any work-related incident resulting in the death of an employee or the inpatient

hospitalization of three or more employees.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/22/2011 76 FR 36414 

NPRM Comment Period End 09/20/2011 

Notice of Reopening of Record 09/28/2011 76 FR 59952 

Comment Period End 10/28/2011 

Final Action 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: John Hermanson 

Acting Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., Room N-3641, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: hermanson.john@dol.gov

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, the procedures 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 11/03/2011 76 FR 68084 

Effective Date 11/03/2011 

Comment Period End 01/03/2012 

Final Action 10/00/2014 

40

Regulations.gov Friday, May 23, 2014 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura Seeman 

Division Chief, Field Operations, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2199 

E-Mail: seeman.laura@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC58

 View Related Documents

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

Protection Act; and the FDA Food Safety Modernization Act

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

whistleblower protection provisions of three statutes: (1) the Consumer Financial Protection Act (CFPA), section 1057 of the

Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (DFA); (2) the Seaman's Protection Act, 46 U.S.C.

section 2114 (SPA); and (3) Section 402 of the FDA Food Safety Modernization Act (FSMA). Promulgation of these regulations

is necessary to govern whistleblower investigations conducted under the new statutes. CFPA, section 1057 of the DFA,

provides protection from retaliation to employees in the consumer financial product and service industries who report alleged

violations of 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 a complaint in

district court within 90 days after receiving a written determination from OSHA, or if the Secretary has not issued a final

determination within 210 days after the filing of the complaint. SPA, as amended by section 611 of the Coast Guard

Authorization Act of 2010, 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. The SPA interim final rule was published February 6, 2013 (78 FR 8390).

Section 402 of FSMA 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.

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 a complaint in district court within 90 days after receiving a written determination from OSHA, or

if the Secretary has not issued a final determination within 210 days after the filing of the complaint. The FSMA interim final rule

was published February 13, 2014 (79 FR 8619).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1985; 29 CFR 1986; 29 CFR 1987 (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; PL 111-

281, sec 611 of the Coast Guard Authorization Act of 2010, amending the Seaman's Protection Act, 46 USC 2114; 21 USC

399d, PL 111-353, sec 402 of the FDA Food Safety Modernization Act

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule (SPA) 02/06/2013 78 FR 8390 

Interim Final Rule (SPA) Effective 02/06/2013 

Interim Final Rule (SPA) Comment Period End 04/08/2013 

Interim Final Rule (FSMA) 02/13/2014 79 FR 8619 

Interim Final Rule (FSMA) Effective 02/13/2014 

Interim Final Rule (DFA) 04/03/2014 79 FR 18630 

Interim Final Rule (DFA) Effective 04/03/2014 

Interim Final Rule (FSMA) Comment Period End 04/14/2014 

Interim Final Rule (DFA) Comment Period End 06/02/2014 

41

Regulations.gov Friday, May 23, 2014 Unified Agenda
Final Action (SPA) 10/00/2014 

Final Action (FSMA) 04/00/2015 

Final Action (DFA) 06/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura Seeman 

Division Chief, Field Operations, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2199 

E-Mail: seeman.laura@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC76

 View Related Documents

Title: Approved State Plans for Occupational Safety and Health

Abstract: Occupational Safety and Health Administration (OSHA) will propose a revision to each State's subpart under 29 CFR

1952 and 29 CFR 1956 to scale back the detailed descriptions of OSHA-approved State plans, including the jurisdictional

explanation, purely historical data, and other unnecessary information that may be subject to change. The revised 29 CFR 1952

will retain a brief description of each State Plan and a more detailed explanation will be provided on OSHA's website. The

general provisions of 29 CFR 1952 will be moved into 29 CFR 1902. Accordingly, outdated references to 29 CFR 1952 will be

cleaned up throughout various OSHA regulations. The purpose of the revision to 29 CFR 1952 is to eliminate the requirement to

engage in the arduous rulemaking process in order to make changes to a State plan's coverage or other descriptive language.

OSHA will publish an Interim Final Rule (IFR) which will be effective immediately, but OSHA will accept public comments for 60

days and publish a finale rule after review of the comments.

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

Major: No Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1902 to 1904, 1952 to 1954 and 1956 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 29 USC 667

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2014 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Douglas J. Kalinowski 

Director, Directorate of Cooperative and State Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3700, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2200 

FAX: 202 693-1671

E-Mail: kalinowski.doug@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC79

42

Regulations.gov Friday, May 23, 2014 Unified Agenda
 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). This section established a

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

health care industry who engage in protected activities under the ACA. Pursuant to the statute, the procedures 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. The ACA interim final rule was published February 27, 2013.

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, the Patient Protection and Affordable Care Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/27/2013 78 FR 13222 

Interim Final Rule Effective 02/27/2013 

Interim Final Rule Comment Period End 04/29/2013 

Final Action 02/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Duplicate of 1218-AC55;

Split From 1218-AC58

Agency Contact: Laura Seeman 

Division Chief, Field Operations, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2199 

E-Mail: seeman.laura@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC88

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Moving Ahead for

Progress in the 21st Century Act

Abstract: Occupational Safety and Health Administration (OSHA) is promulgating procedures for the handling and investigation

of retaliation complaints pursuant to section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). This

section protects employees from retaliation by motor vehicle manufacturers, part suppliers, and dealerships for providing

information to the employer of the U.S. Department of Transportation about motor vehicle defects, noncompliance, or violations

of the notification or reporting requirements enforced by the National Highway Traffic Safety Administration or for engaging in

related protected activities as set forth in the provision. Pursuant to this statute, the rules 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.

Promulgation of a regulation is necessary to govern whistleblower investigations conducted under this new statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 2 CFR 1988 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 30170 (PL 112-141)

Legal Deadline: None

43

Regulations.gov Friday, May 23, 2014 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule 02/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura Seeman 

Division Chief, Field Operations, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue, NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2199 

E-Mail: seeman.laura@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) proposed to restore a column to the OSHA 300 Log 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 rulemaking 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

day-to-day activities and overall safety and health policy making. This rulemaking was temporarily withdrawn from OMB on

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

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

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

Next Action Undetermined 

NPRM 01/29/2010 75 FR 4728 

Public Meeting 03/09/2010 

NPRM Comment Period End 03/09/2010 75 FR 10738 

Extension of Comment Period End 03/30/2010 

Small Business Stakeholder Meeting 04/11/2011 

Small Business Stakeholder Meeting 04/12/2011 

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

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

44

Regulations.gov Friday, May 23, 2014 Unified Agenda
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 to 3916), published in 1989.

An injury and illness prevention program 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: 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 653; 29 USC 655(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Stakeholder Meetings 06/03/2010 75 FR 35360 and 75 FR

23637 

Initiate SBREFA 01/06/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@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 nearly 40 years old. Occupational Safety

and Health Administration (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.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

45

Regulations.gov Friday, May 23, 2014 Unified Agenda
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 

NPRM Comment Period Extended 10/12/2005 70 FR 59290 

Notice of Informal Public Hearing 10/12/2005 70 FR 59290 

Informal Public Hearing 03/06/2006 

Post Hearing Comment Period End 07/14/2006 

Reopen Record 10/22/2008 73 FR 62942 

Comment Period End 11/21/2008 

Second Reopening Record 09/14/2009 74 FR 46958 

Comment Period End 10/15/2009 

Public Hearings 10/28/2009 

Post Hearing Comment Period End 02/10/2010 

Final Rule 04/11/2014 79 FR 20315 

Final Rule Effective 07/10/2014 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Local

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC72

 View Related Documents

Title: Vertical Tandem Lifts

Abstract: The Occupational Health and Safety Administration (OSHA) issued a final rule on Longshoring on July 25, 1997 (62

FR 40142). In that rule, the Agency reserved provisions related to vertical tandem lifts. Vertical Tandem Lifts (VTLs) involve the

lifting of two or more empty intermodal containers, secured together with twist locks. OSHA worked with national and

international organizations to gather additional information on the safety of VTLs. The Agency published an NPRM to address

safety issues related to VTLs. The extended comment period concluded February 13, 2004, and an informal public hearing was

held on July 29 to 30, 2004. The rulemaking record closed on June 27, 2005. The Agency published a final rule for vertical

tandem lifts on December 10, 2008. On June 17, 2011, the United States Court of Appeals for the District of Columbia Circuit

remanded two provisions of the VTL final rule: the inspection requirement with respect to ship-to-shore VTLs, and the total ban

on platform container VTLs. According to the court's decision, there was insufficient evidence in the record that complying with

those two provisions was technologically feasible; therefore, OSHA is removing these two provisions. OSHA will publish a notice

announcing a limited reopening of the record to address these two issues.

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

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1917.71; 29 CFR 1918.11; 29 CFR 1918.85 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

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

46

Regulations.gov Friday, May 23, 2014 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule; Remand 04/21/2014 79 FR 22018 

Final Rule; Remand Effective 07/21/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 1218-AA56

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC80

 View Related Documents

Title: Revising Record Requirements in the Mechanical Power Presses Standard

Abstract: As part of the Department of Labor's burden hour and cost reduction initiatives, Occupational Safety and Health

Administration (OSHA) examined revoking requirements for employers to prepare and maintain periodic records certifying that

the employer performed the required tests and inspections on machinery. The purpose of revoking these records is to minimize

paperwork burdens imposed on employers. Recently, OSHA revoked requirements that employers develop and retain training

records for a number of standards when the revocation did not adversely affect worker safety and health. OSHA is removing

other periodic records specified in its standards to identify additional paperwork requirements that the Agency could revoke

without adversely affecting worker safety and health. OSHA is removing the requirement that employers certify weekly

inspections of equipment in the Mechanical Power Press standard to reduce paperwork burden without adversely affecting

worker safety and health. OSHA has published Federal Register notices withdrawing the proposed rule and confirming the direct

final rule.

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

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.217(e)(1) (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/20/2013 78 FR 69606 

Direct Final Rule 11/20/2013 78 FR 69543 

NPRM Comment Period End 12/20/2013 

Direct Final Rule Effective 02/18/2014 79 FR 69543 

Withdrawn NPRM 04/18/2014 79 FR 21876 

Direct Final Rule Confirmation of Effective Date 04/18/2014 79 FR 21848 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

47

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC83

 View Related Documents

Title: Definition and Requirements for a Nationally Recognized Testing Laboratory

Abstract: In the Fall 2013 Regulatory Agenda, Occupational Safety and Health Administration (OSHA) proposed to issue a

Request for Information (RFI) for the Nationally Recognized Testing Laboratory (NRTL) Program. The NRTL Program had been

the subject of a General Accounting Office (GAO) study, which recommended that OSHA reexamine the NRTL Program's

structure and accreditation application procedures to identify and implement any alternatives that better align program design

with resource levels and improve program timelines. The RFI would solicit information on those topics identified in the GAO

study as well as other topics proposed through discussions with stakeholders. As an alternative approach, OSHA feels a

stakeholder meeting would provide sufficient input and dialog to address the issues and set possible future direction for the

NTRL Program. In the near future, OSHA will solicit comments and announce an NRTL Program stakeholder meeting in the

Federal Register as a follow-up to the March 2013 stakeholder meeting. OSHA, therefore, withdraws this action from the

Regulatory Agenda.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.7; 29 CFR 1910.7 app A (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

Withdrawn 02/27/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Amanda Edens 

Director, Directorate of Technical Support and Emergency Management

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3653, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2300 

FAX: 202 693-1644

E-Mail: edens.mandy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC89

 View Related Documents

Title: Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement Revisions

Abstract: After the first year of the planned three-year developmental period, the Hawaii State Plan has made progress in

rebuilding the capacity of HIOSH. OSHA and HIOSH agreed to amend the OSA to return greater responsibility to HIOSH for

Fiscal Year 2014. Accordingly, OSHA is amending its regulations to reflect this addendum to the OSA, by removing the

48

Regulations.gov Friday, May 23, 2014 Unified Agenda
reference to the specific 2012 OSA in the CFR.

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

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1952 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 667

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 02/14/2014 79 FR 8855 

Final Rule Effective 02/14/2014 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Douglas J. Kalinowski 

Director, Directorate of Cooperative and State Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3700, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-2200 

FAX: 202 693-1671

E-Mail: kalinowski.doug@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB79

 View Related Documents

Title: Refuge Alternatives for Underground Coal Mines

Abstract: On December 31, 2008, Mine Safety and Health Administration (MSHA) issued a final rule establishing requirements

for refuge alternatives for underground coal mines. MSHA is requesting data, comments, and information, based on industry

experience, on issues relevant to miners' escape and refuge during an emergency. Continuous development of refuge

equipment and technology is crucial to enhancing the effectiveness of escape and refuge.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 7; 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 957; 30 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 08/08/2013 78 FR 48593 

Extension of Comment Period 09/23/2013 78 FR 58264 

Comment Period Ends 10/07/2013 

Extension of Comment Period 12/06/2013 78 FR 73471 

Extension of Comment Period Ends 06/02/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: No

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

49

Regulations.gov Friday, May 23, 2014 Unified Agenda
FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB85

 View Related Documents

Title: Regulatory Actions in Response to Recommendations Resulting From Investigation of the Upper Big Branch Explosion

Abstract: In response to recommendations resulting from Mine Safety and Health Administration's (MSHA) investigation of the

Upper Big Branch (UBB) mine explosion and MSHA's internal review of its actions at UBB, MSHA is initiating a new regulatory

action that would address issues related to the explosion. The request for information will request data, comments, and

information on issues related to rock dusting, ventilation, mine examinations, certified persons, and MSHA-approved instructors.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 75 (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 08/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@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: Mine Safety and Health Administration (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:

Action Date FR Cite

50

Regulations.gov Friday, May 23, 2014 Unified Agenda
NPRM 05/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB78

 View Related Documents

Title: Proximity Detection Systems for Mobile Machines in Underground Mines

Abstract: Mine Safety and Health Administration (MSHA) will develop a proposed rule to address the hazards 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 the 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.

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 02/01/2010 75 FR 5009 

RFI Comment Period Ended 04/02/2010 

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

Related RINs: Related to 1219-AB65

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB82

51

Regulations.gov Friday, May 23, 2014 Unified Agenda
 View Related Documents

Title: Fees for Testing, Evaluation and Approval of Mining Products

Abstract: Mine Safety and Health Administration's (MSHA) Approval and Certification Center was established for the purpose

of testing and evaluating mine equipment and mine products to assure compliance with the applicable parts of 30 CFR.

However, with advances in technology and computerization, the approval process has become significantly more complex,

resulting in more agency resources associated with approvals. MSHA will propose changes to these regulations to reflect

changes in the cost of testing and evaluating mine equipment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 5 (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 08/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: Undetermined

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@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: This final rule addresses hazards that miners face when working near continuous mining machines in underground

coal mines. Mine Safety and Health Administration (MSHA) has concluded, from investigations of accidents involving continuous

mining machines and other reports, that action is necessary to protect miners. Continuous mining machines can pin, crush, or

strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The final rule

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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 75.1732 (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 

NPRM 08/31/2011 76 FR 54163 

Notice of Public Hearing 10/12/2011 76 FR 63238 

NPRM Comment Period End 11/14/2011 

Final Action 06/00/2014 

52

Regulations.gov Friday, May 23, 2014 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

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

Related RINs: Related to 1219-AB78

Agency Contact: Sheila McConnell 

Acting Deputy Director, Office of Standards and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB84

 View Related Documents

Title: Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record

Abstract: The U.S. Court of Appeals for the District of Columbia Circuit remanded a training provision in the Refuge

Alternatives Final Rule, directing Mine Safety and Health Administration (MSHA) to explain the basis for requiring motor task

(hands-on), decision-making, and expectations training annually rather than quarterly, or to reopen the record, and allow public

comment. MSHA is reopening the rulemaking record for its Refuge Alternatives Final Rule for the limited purpose of obtaining

comments on the frequency for motor task (also known as "hands-on" training), decision-making, and expectations training for

miners to deploy and use refuge alternatives in underground coal mines. MSHA will review the comments to determine an

appropriate course of action for the Agency in response to comments. MSHA will publish its response in the Federal Register

addressing the public comments and either explaining the reason that it is leaving the final rule unchanged or modifying the final

rule as the result of the public comment process.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 957; 30 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Limited Reopening of the Record 08/08/2013 78 FR 48591 

Limited Reopening of Record - Comment Period Ends 10/07/2013 

Reopen Record and extend the comment period 11/15/2013 78 FR 68783 

Comment Period End 12/16/2013 

Notice of Intent 08/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: Undetermined

Energy Affected: No

Related RINs: Related to 1219-AB58

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

53

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB36

 View Related Documents

Title: Respirable Crystalline Silica

Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. 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. The formula is designed

to limit exposures to 0.1 mg/m3 (100 ug/m3) of silica. National Institute for Occupational Safety and Health (NIOSH)

recommends a 50 ug/m3 exposure limit for respirable crystalline silica. MSHA will publish a proposed rule to address miners'

exposure to respirable crystalline silica.

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

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 58 (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

NPRM 

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: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB64

 View Related Documents

Title: Lowering Miners' Exposure to Respirable 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 final rule is an

important element in MSHA's Comprehensive Black Lung Reduction Strategy (Strategy) to "End Black Lung Now."

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes 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

54

Regulations.gov Friday, May 23, 2014 Unified Agenda
Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 813(h); 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

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 01/11/2011 

Public Hearing 01/13/2011 

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

Public Hearing 01/25/2011 

Public Hearing 02/08/2011 

Public Hearing 02/10/2011 

Public Hearing 02/15/2011 

NPRM Comment Period End 02/28/2011 

Request for Comment 03/08/2011 76 FR 12648 

NPRM Comment Period End 05/02/2011 

NPRM Comment Period Extended 05/04/2011 76 FR 25277 

NPRM Comment Period Extended 05/27/2011 76 FR 30878 

NPRM Comment Period End 05/31/2011 

NPRM Comment Period End 06/20/2011 

Final Rule 05/01/2014 79 FR 24814 

Final Rule Effective 08/01/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA09

 View Related Documents

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

Abstract: The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected

leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and

conditions as if the employee had taken leave. Eligible employees may take FMLA leave, among other reasons, to care for the

employee's spouse who has a serious health condition. The Department proposes to revise the definition of "spouse" in light of

the United States Supreme Court's decision in United States v. Windsor.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No 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:

55

Regulations.gov Friday, May 23, 2014 Unified Agenda
Action Date FR Cite

NPRM 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Mary Ziegler 

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0406 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA10

 View Related Documents

Title: Establishing a Minimum Wage for Contractors, Executive Order 13658

Abstract: Executive Order 13658 increases the minimum wage that must be paid to workers working on certain new federal

contracts to $10.10 per hour and indexes the wage rate to inflation thereafter. Consistent with the Executive Order, the

Department of Labor will issue implementing regulations.

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

Major: No Unfunded Mandates: No

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

Legal Authority: EO 13658

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Ziegler 

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0406 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA11

 View Related Documents

Title: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer

Employees

Abstract: The Fair Labor Standards Act (FLSA) section 13(a)(1) provides a minimum wage and overtime exemption for any

employee employed in a bona fide executive, administrative, professional capacity, or in the capacity of an outside salesperson.

President Barack Obama issued a memorandum to the Secretary of Labor on March 13, 2014, directing the Secretary to

modernize and streamline the existing overtime regulations for executive, administrative, and professional employees. The

Department of Labor last updated these regulations in 2004.

56

Regulations.gov Friday, May 23, 2014 Unified Agenda
Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 541 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Fair Labor Standards Act 29 USC 213(a)(1)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2014 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Mary Ziegler 

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210

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: Long-term Action

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 29 USC 211(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

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

200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0406 

FAX: 202 693-1387

57

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA07

 View Related Documents

Title: Fair Labor Standards Act, Child Labor Hazardous Occupations Order, No. 7

Abstract: The child labor provisions of the Fair Labor Standards Act (FLSA) were enacted to ensure that when children work,

the work is safe and does not jeopardize their health, well-being, or education. To protect children from hazardous employment,

the FLSA provides for a minimum age of 18 years in occupations found and declared by the Secretary of Labor to be

particularly hazardous or detrimental to the health or well-being of children 16 and 17 years of age. Hazardous Occupations

Orders (HOs) are the means by which the Secretary declares certain occupations to be particularly hazardous for children.

Child Labor Hazardous Occupations Order No. 7 (occupations involved in the operation of power-driven hoisting apparatus)

(HO7) has for many years prohibited children under 18 years of age from operating or assisting in the operation of several types

of hoisting apparatus. The Department seeks information to ensure that its current nonenforcement position regarding the

application of HO7 to the operation of patient/resident lifts provides adequate protections to working youth while not unduly

denying them job opportunities they can safely perform.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 29 USC 201 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Ziegler 

Director, Division of Regulations, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0406 

FAX: 202 693-1387

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA06

 View Related Documents

Title: Longshore and Harbor Workers' Compensation Act: Maximum Compensation Rate Determinations

Abstract: Under the Longshore and Harbor Workers' Compensation Act and its extensions, disabled workers are paid

compensation based on their average weekly wage at the time of their disabling injury. Section 6 of the Act, 33 U.S.C. 906 caps

this compensation at a maximum of twice the "applicable" fiscal year's national average weekly wage. The Secretary of Labor

determines the national average wage for each fiscal year, and that determination applies to employees or survivors "currently

receiving" permanent disability compensation or death benefits as well as those "newly awarded" compensation. Litigation over

which year's national average wage applies in various situations led to a recent Supreme Court decision construing the "newly

awarded" phrase. The proposed rule will implement the Supreme Court's decision and clarify how the maximum compensation

rate provision applies, including the "currently receiving" phrase and other portions the Court did not address.

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

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 702 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 939

Legal Deadline: None

58

Regulations.gov Friday, May 23, 2014 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Antonio Rios 

Director, Division Longshore and Harbor Workers' Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW., Room C-4315, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: rios.antonio@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA09

 View Related Documents

Title: Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information

Abstract: The current regulations implementing the Longshore and Harbor Workers' Compensation Act and its extensions

unnecessarily restrict the methods by which injured workers, their survivors, employers, insurance carriers, and the Office of

Workers' Compensation Programs may communicate. They also do not address electronic communication methods (e.g.,

facsimile, e-mail, etc.). Establishing parameters for electronic communications has become increasingly important as more

private individuals and businesses have adopted electronic means as their preferred method of communication. The proposed

rule will add electronic communication options that are consistent with the statute and compatible with the Department's

electronic infrastructure, and broaden the acceptable methods of non-electronic communications.

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

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 702 to 704 (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 01/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Antonio Rios 

Director, Division Longshore and Harbor Workers' Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW., Room C-4315, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: rios.antonio@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA10

 View Related Documents

59

Regulations.gov Friday, May 23, 2014 Unified Agenda
Title: Black Lung Benefits Act: Medical Evidence and Benefit Payments

Abstract: OWCP is engaging in this rulemaking to address a variety of programmatic issues that have arisen in administering

the Black Lung Benefits Act. Among them, the current rules do not address whether the parties must disclose medical evidence

they develop in connection with a claim for benefits and generally provide that payment for medical treatment and services is

capped at the rate prevailing in the community where the service provider is located but provide no method for determining that

rate. To ensure that coal miners have full access to information about their health and to enhance the accuracy of entitlement

determinations, this rule would address disclosure of medical evidence. It would also amend rules governing payment of

medical treatment and services to incorporate the fee schedule used in other OWCP-administered programs, and address a

liable party's responsibility to pay benefits under an effective award while pursuing modification.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 30 USC 923(b); 30 USC 932(a); 30 USC 936

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Michael Chance 

Director, Division of Coal Mine Workers’ Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue, NW, FP Bldg, RM C-3520, Washington, DC 20210

Washington , DC 20210

Phone: 202 343-5904 

FAX: 202 693-1380

E-Mail: chance.michael@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA07

 View Related Documents

Title: Black Lung Benefits Act: Standards for Chest Radiographs

Abstract: Physicians use chest radiographs (X-rays) as a tool in evaluating whether a miner suffers from pneumoconiosis

(black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow submission of

radiographs, and set out quality standards for their performance. These standards, which were last revised in 1983, currently

address only film radiographs. Since their promulgation, many medical facilities have phased out film radiography in favor of

digital radiography. This rule will update the existing film-radiography standards and provide parallel standards for digital

radiographs.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 30 USC 902(f); 30 USC 921(b); 30 USC 923(b); 30 USC 936(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/13/2013 78 FR 35575 

Direct Final Rule 06/13/2013 78 FR 35549 

NPRM Comment Period End 08/12/2013 

Direct Final Rule - Withdrawn 08/30/2013 78 FR 53645 

60

Regulations.gov Friday, May 23, 2014 Unified Agenda
Final Action 04/17/2014 79 FR 21606 

Final Action Effective 05/19/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Gerald Delo 

Deputy Director, Division of Coal Mine Workers’ Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW., Suite N-3520, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0978 

FAX: 202 343-5904

E-Mail: delo.gerald@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 of Labor 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:

Action Date FR Cite

NPRM 12/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Andrew R. Davis 

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

Department of Labor

Office of Labor Management Standards

FP Building, Room N-5609, 200 Constitution Avenue NW., Washington, DC 20210

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-AA03

 View Related Documents

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

Abstract: The Department of Labor intends to publish a final rule revising its interpretation of section 203(c) of the LaborManagement 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. The revised interpretation would narrow the scope of the advice exemption.

61

Regulations.gov Friday, May 23, 2014 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final 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 06/21/2011 76 FR 36178 

NPRM Comment Period Extended 07/29/2011 76 FR 45480 

NPRM Comment Period End 08/22/2011 

NPRM Comment Period End 09/21/2011 

Final Rule 12/00/2014 

Regulatory Flexibility Analysis Required: No 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

FP Building, Room N-5609, 200 Constitution Avenue NW., Washington, DC 20210

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-AA01

 View Related Documents

Title: Construction Contractors' Affirmative Action Requirements

Abstract: The regulations implementing the affirmative action obligations of construction contractors under Executive Order

11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and racial

minorities continue to exist in on-site construction occupations in the construction industry. This Notice of Proposed Rulemaking

(NPRM) would revise 41 CFR part 60-1 and 60-4 by removing outdated regulatory provisions, proposing a new method for

establishing affirmative action goals, and proposing other revisions to the affirmative action requirements that reflect the realities

of the labor market and employment practices in the construction industry today.

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 01/00/2015 

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

62

Regulations.gov Friday, May 23, 2014 Unified Agenda
Department of Labor

Office of Federal Contract Compliance Programs

Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0103 

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-AA03

 View Related Documents

Title: Requirement to Report Summary Data on Employee Compensation (Compensation Data Collection)

Abstract: The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing Executive Order 11246,

as amended, (EO 11246) which prohibits Federal Government contractors and subcontractors from discriminating against

individuals in employment based on race, color, sex, religion or national origin. The EO 11246 also requires these employers to

take affirmative action to provide equal employment opportunity. On April 8, 2014, President Barack Obama issued a

memorandum to the Secretary of Labor, directing him to propose, within 120 days of the date of the memorandum, a rule that

would require Federal contractors and subcontractors to submit to the Department of Labor summary data on the compensation

paid to their employees, including data by sex and race. While working women have made extraordinary progress over the past

five decades since enactment of the Equal Pay Act of 1963, they still earn only 77 cents for every dollar that a man earns. For

African-American women and Latinas, the pay gap is even greater. This pay differential shortchanges women and their families

by thousands of dollars a year, and potentially hundreds of thousands of dollars over a lifetime. Federal law, including the Equal

Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and Executive Order 11246 of September 24, 1965 (Equal Employment

Opportunity), specifically prohibits compensating men and women differently for the same work. OFCCP regulations at 41 CFR

Part 60-1 implementing Executive Order 11246, as amended, set forth obligations of covered contractors and subcontractors.

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

Major: No Unfunded Mandates: No

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

Legal Authority: Presidential Memorandum, Advancing Pay Equality Through Compensation Data Collection (issued April 8,

2014); Executive Order 11256, September 24, 1965, 30 FR 12319, as amended

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/10/2011 76 FR 49398 

ANPRM Comment Period Closed 10/11/2011 

NPRM 08/00/2014 

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

Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0103 

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

63

Regulations.gov Friday, May 23, 2014 Unified Agenda
 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

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 regard 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, and warrants a regulatory lookback. 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: Other Significant 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 09/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

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

Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0103 

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-AA06

 View Related Documents

Title: Non-Retaliation for Disclosure of Compensation Information

Abstract: The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing Executive Order 11246,

as amended, (EO 11246) which prohibits Federal Government contractors and subcontractors from discriminating against

individuals in employment based on race, color, sex, religion or national origin. The EO 11246 also requires these employers to

take affirmative action to provide equal employment opportunity. On April 8, 2014, the President issued Executive Order 13665

(79 FR 20749, April 11, 2014) prohibiting discrimination by federal contractors and subcontractors against certain of their

employees and job applicants for disclosing compensation information, and directing the Department of Labor to propose

regulations implementing this amendment to EO 11246. The new anti-retaliation EO explains that when employees are

prohibited from inquiring about, disclosing, or discussing their compensation with fellow workers, compensation discrimination is

much more difficult to discover and remediate, and more likely to persist. Such prohibitions also restrict the amount of

information available to participants in the Federal contracting labor pool, which tends to diminish market efficiency and

decrease the likelihood that the most qualified and productive workers are hired at the market efficient price. Ensuring that

employees of Federal contractors may discuss their compensation without fear of adverse action will enhance the ability of

Federal contractors and their employees to detect and remediate unlawful discriminatory practices, this will contribute to a more

efficient market in Federal contracting. The anti-retaliation EO amends EO 11246, Section 202. OFCCP regulations at 41 CFR

Part 60-1 implementing Executive Order 11246, as amended, set forth obligations of covered contractors and subcontractors.

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

64

Regulations.gov Friday, May 23, 2014 Unified Agenda
Major: Undetermined Unfunded Mandates: Undetermined

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

Legal Authority: Executive Order titled Non-Retaliation for Disclosure of Compensation Information, issued April 8, 2014;

Executive Order 11256, September 24, 1965, 30 FR 12319, as amended; Federal and Property Administrative Services Act, 40

USC 101 et seq

Legal Deadline: Executive Order titled Non-Retaliation for Disclosure of Compensation Information, issued April 8, 2014.

Action Source Description Date

Other Executive Order titled Non-Retaliation for Disclosure of Compensation

Information, issued April 8, 2014. 09/30/2014 

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

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

Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0103 

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 Regarding Individuals with

Disabilities

Abstract: This rulemaking would amend 41 CFR part 60-741, the nondiscrimination and affirmative action provisions of section

503. This rulemaking would strengthen the affirmative action requirements for Federal contractors and subcontractors. The rule

would amend the regulations to require that Federal contractors and subcontractors conduct more substantive analyses of

recruitment and placement actions taken under section 503. The rule would also increase the contractor's data collection

obligations, make revisions to recordkeeping requirements, and establish a utilization goal to assist in measuring the

effectiveness of the contractor's affirmative action efforts. In addition, the rule will incorporate changes to the nondiscrimination

provisions necessitated by the passage of the ADA Amendments Act of 2008.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: Private Sector

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

Legal Authority: 29 USC 706; 29 USC 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 12/09/2011 76 FR 77056 

NPRM Comment Period End 02/07/2012 

NPRM Comment Period Extended 02/10/2012 77 FR 7108 

NPRM Comment Period End 02/21/2012 

Final Rule 09/24/2013 78 FR 58681 

Final Rule Effective Date 03/24/2014 

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Regulatory Flexibility Analysis Required: No 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

Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210

Phone: 202 693-0103 

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-AA28

 View Related Documents

Title: Administrative Review Board Rules of Practice and Procedure

Abstract: The proposed regulations establish procedures for appeals before the Administrative Review Board. The Board has

jurisdiction, pursuant to a delegation of authority by the Secretary of Labor, over appeals of decisions and orders issued by

Department of Labor Administrative Law Judges and the Administrator of the Wage and Hour Division arising under those laws

and implementing regulations identified in Secretary's Order 02-2012, 75 Fed. Reg. 69378 (Nov. 16, 2012). The Board currently

has agency appellate review authority over more than fifty worker protections laws. Since the Board's formation in 1996, it has

operated without prescribed rules of practice and procedure. The proposed regulations incorporate and codify current Board

operating procedures to provide more thorough and accurate rules, and guidance to parties who come before the Board. The

regulations establish rules of practice and procedure for the Board that would apply where a governing statue, regulation, or

executive order does not establish contrary rules of practice or procedure and where rules of practice and procedure currently

do not exist. They are intended to govern all appeals and proceedings before the Board where not in conflict with a governing

statute, regulation or executive order.

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

Major: No Unfunded Mandates: No

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

Legal Authority: Secretary of Labor Order 02-2012, 75 Fed Reg 69378 (11/16/12)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Edward Cooper Brown 

Deputy Chief Administrative Appeals Judge

Department of Labor

Office of the Secretary

200 Constitution Avenue, NW, FPB, Rm , Washingtpm, DC 20210

Washingtpm , DC 20210

Phone: 202 693-5030 

E-Mail: brown.e.cooper@dol.gov

Department of Labor (DOL) 

Office of the Secretary ( OS ) RIN: 1290-AA29

 View Related Documents

66

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Title: Equal Treatment in Department of Labor Programs for Faith-Based and Neighborhood Partnerships; Protection of

Religious Liberty of Department of Labor Social Service Providers and Beneficiaries

Abstract: This rule will implement Executive Order (EO) 13559, which amended EO 13279. EO 13279 clarified the fundamental

principles that guide agencies' work with faith-based and community organizations. EO 13559, among other things, requires that

agencies provide beneficiaries of social service programs supported by Federal financial assistance certain protections when

they receive services from a faith-based organization. Current regulations implement EO 13279. We propose amending these

regulations to establish new requirements and modify existing requirements consistent with EO 13559.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: EO 13559

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Phi Tom 

Director

Department of Labor

Office of the Secretary

200 Constitution Avenue, NW, Room C-2318, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-6030 

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

(OALJ) govern practice and procedure in proceedings before United States Department of Labor administrative law judges. The

regulations were first published as a final rule in 1983 and were modeled on the Federal Rules of Civil Procedure (FRCP). A

Notice of Proposed Rulemaking was published in the Federal Register on December 4, 2012, requesting public comment on

proposed revisions to and reorganization of these regulations. The revisions make the regulations more accessible and useful to

parties. The revisions also harmonize administrative hearing procedures with the current FRCP and with the types of claims

now heard by OALJ, which increasingly involve whistleblower and other workplace retaliation claims, in addition to a

longstanding caseload of occupational disease and injury claims.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final 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 301; 5 USC 551 to 557; 5 USC 571 et seq; EO 12778; 57 FR 7292

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/04/2012 77 FR 72141 

NPRM Comment Period End 02/03/2013 

Final Rule 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

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Regulations.gov Friday, May 23, 2014 Unified Agenda
Energy Affected: No

Agency Contact: Todd Smyth 

Senior Attorney Advisor

Department of Labor

Office of the Secretary

800 K Street, NW, Suite 400 N, Washington, DC 20001-8002

Washington , DC 20001-8002 

Phone: 202 693-7542 

E-Mail: smyth.todd@dol.gov

Department of Labor (DOL) 

Office of the Secretary ( OS ) RIN: 1290-AA27

 View Related Documents

Title: Department of Labor Administrative Wage Garnishment

Abstract: The regulation provides procedures Department of Labor (DOL), in conjunction with Treasury, uses to collect money

by means of administrative wage garnishment from debtors to satisfy delinquent nontax debts owed to DOL. In accordance with

procedures set forth in 31 CFR 285.11, DOL, through the Department of Treasury, may request that a non-Federal employer

garnish the disposable pay of an individual. It outlines a notice and hearing process for debtors to challenge garnishment

orders. The Treasury Department, in collaboration with the Office of Management and Budget, has been looking for ways to

improve debt collection across the Federal government. Twenty-nine other agencies have already implemented the wage

garnishment tool, and OCFO believes it would be useful for DOL to follow their example.

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

Major: No Unfunded Mandates: No

CFR Citation: 31 CFR 285.11 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: The Debt Collection Improvement Act of 1996, 31 USC section 3720D

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/00/2014 

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

Federalism: Undetermined

Energy Affected: No

Agency Contact: Sheila Alexander 

Accountant, Office of the Chief Financial Officer

Department of Labor

Office of the Secretary

200 Constitution Avenue NW., FP Building, Room S-4030, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-4472 

FAX: 202 693-6963

E-Mail: alexander.sheila@dol.gov

Department of Labor (DOL) 

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA20

 View Related Documents

Title: Annual Report From Federal Contractors

Abstract: The final rule will rescind the part 61-250 regulations which establish the VETS-100 reporting obligation. In addition,

the final rule will revise the part 61-300 regulations, which establish the VETS-100A reporting obligation, to require contractors

to report the number of employees and new hires that are covered veterans. The final rule will rename the annual report

prescribed by the part 61-300 regulations the Federal Contractor Veterans' Employment Report VETS-4212 ("VETS-4212

Report").

68

Regulations.gov Friday, May 23, 2014 Unified Agenda
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 61-250 and 61-300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 4211 and 4212

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/24/2014 79 FR 10063 

NPRM Comment Period End 04/25/2014 

Final Rule 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William Kenan Torrans 

Deputy Director for Compliance and Investigations

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

200 Constitution Avenue, NW., Room S-1325, Washington, DC 20210

Washington , DC 20210

Phone: 202 693-4731 

FAX: 202 693-4755

E-Mail: torrans.william@dol.gov

Department of Labor (DOL) 

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA19

 View Related Documents

Title: Compliance With the VOW to Hire Heroes Act on the Requirements of DVOPs and LVERs

Abstract: Section 241 of the Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011 ("VOW Act," title II of Pub. L.

112-56) requires the Secretary to conduct audits to ensure compliance with the mandated duties of Disabled Veterans Outreach

Program and Local Veterans Employment Representatives. Further, the Act allows the Secretary to reduce funding to a State

based on audit findings of non-compliance. In order to fully implement the VOW Act, Veterans Employment and Training

Services will undertake a Notice of Proposed Rulemaking (NPRM) to promulgate the standards that will be used in making

compliance determinations. The NPRM will establish clear, enforceable standards for making determinations on funding

reductions.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 20 CFR 1001 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 112-56, sec 241

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Joel Delofsky 

Senior Program Analyst, Office of National Programs

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

230 South Dearborn, Suite 1065, Chicago, IL 60604

Chicago , IL 60604

Phone: 312 353-4942 

E-Mail: delofsky.joel@dol.gov

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Regulations.gov Friday, May 23, 2014 Unified Agenda
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Regulations.gov Friday, May 23, 2014 Unified Agenda