5252 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 

DEPARTMENT OF LABOR 

Office of the Secretary 

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

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

XVII, and XXV 

30 CFR Ch. I 

41 CFR Ch. 60 

48 CFR Ch. 29 

Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, Labor. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: The internet has become the 

means for disseminating the entirety of 

the Department of Labor’s semiannual 

regulatory agenda. However, the 

Regulatory Flexibility Act requires 

publication of a regulatory flexibility 

agenda in the Federal Register. This 

Federal Register Notice contains the 

regulatory flexibility agenda. 

FOR FURTHER INFORMATION CONTACT: 

Laura M. Dawkins, Director, Office of 

Regulatory and Programmatic Policy, 

Office of the Assistant Secretary for 

Policy, U.S. Department of Labor, 200 

Constitution Avenue NW, Room 

S–2312, Washington, DC 20210; (202) 

693–5959. 

Note: Information pertaining to a specific 

regulation can be obtained from the agency 

contact listed for that particular regulation. 

SUPPLEMENTARY INFORMATION: Executive 

Order 12866 requires the semiannual 

publication of an agenda of regulations 

that contains a listing of all the 

regulations the Department of Labor 

expects to have under active 

consideration for promulgation, 

proposal, or review during the coming 

one-year period. The entirety of the 

Department’s semiannual agenda is 

available online at www.reginfo.gov. 

The Regulatory Flexibility Act (5 

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

the Federal Register a regulatory 

flexibility agenda. The Department’s 

Regulatory Flexibility Agenda, 

published with this notice, includes 

only those rules on its semiannual 

agenda that are likely to have a 

significant economic impact on a 

substantial number of small entities; 

and those rules identified for periodic 

review in keeping with the requirements 

of section 610 of the Regulatory 

Flexibility Act. Thus, the regulatory 

flexibility agenda is a subset of the 

Department’s semiannual regulatory 

agenda. The Department’s Regulatory 

Flexibility Agenda does not include 

section 610 items at this time. 

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. 

Martin J. Walsh, 

Secretary of Labor. 

WAGE AND HOUR DIVISION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Computer Employees (Reg Plan Seq No. 114).

1235–AA39 

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

EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

329 .................... Temporary Employment of H–2B Foreign Workers in Certain Itinerant Occupations in the United States ... 1205–AB93 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

330 .................... Requirements Related to Surprise Billing, Part 1 (Reg Plan Seq No. 122) ................................................... 1210–AB99 

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

331 .................... Process Safety Management and Prevention of Major Chemical Accidents .................................................. 1218–AC82 

332 .................... Emergency Response ...................................................................................................................................... 1218–AC91 

333 .................... Prevention of Workplace Violence in Health Care and Social Assistance (Reg Plan Seq No. 126) ............ 1218–AD08 

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

334 .................... Infectious Diseases (Reg Plan Seq No. 128) ................................................................................................. 1218–AC46 

335 .................... Communication Tower Safety .......................................................................................................................... 1218–AC90 


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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 5253 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

336 .................... Tree Care Standard ......................................................................................................................................... 1218–AD04 

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

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Proposed Rule Stage 

328. Defining and Delimiting the 

Exemptions for Executive, 

Administrative, Professional, Outside 

Sales and Computer Employees 

Regulatory Plan: This entry is Seq. 

No. 114 in part II of this issue of the 

Federal Register. 

RIN: 1235–AA39 

DEPARTMENT OF LABOR (DOL) 

Employment and Training 

Administration (ETA) 

Proposed Rule Stage 

329. Temporary Employment of H–2B 

Foreign Workers in Certain Itinerant 

Occupations in the United States 

Legal Authority: 8 U.S.C. 1184; 8 

U.S.C. 1103 

Abstract: The United States 

Department of Labor’s (DOL) 

Employment and Training 

Administration and Wage and Hour 

Division, and the United States 

Department of Homeland Security 

(DHS), U.S. Citizenship and 

Immigration Services, are jointly 

proposing to amend H–2B nonimmigrant visa program regulations at 

20 CFR part 655, subpart A, and 8 CFR 

214. The Notice of Proposed 

Rulemaking (NPRM) would establish 

standards and procedures for employers 

seeking to hire foreign temporary 

nonagricultural workers for certain 

itinerant job opportunities, including 

entertainers and carnivals and utility 

vegetation management. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brian Pasternak, 

Administrator, Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue NW, Office of Foreign Labor 

Certification; Room N–5311, FP 

Building, Washington, DC 20210, 

Phone: 202 693–8200, Email: 

pasternak.brian@dol.gov. 

RIN: 1205–AB93 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Final Rule Stage 

330. Requirements Related to Surprise 

Billing, Part 1 

Regulatory Plan: This entry is Seq. 

No. 122 in part II of this issue of the 

Federal Register. 

RIN: 1210–AB99 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

331. Process Safety Management and 

Prevention of Major Chemical 

Accidents 

Legal Authority: 29 U.S.C. 655; 29 

U.S.C. 657 

Abstract: The Occupational Safety 

and Health Administration (OSHA) 

issued a Request for Information (RFI) 

on December 9, 2013 (78 FR 73756). The 

RFI identified issues related to 

modernization of the Process Safety 

Management standard and related 

standards necessary to meet the goal of 

preventing major chemical accidents. 

OSHA completed SBREFA in August 

2016. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).12/09/13 78 FR 73756 

RFI Comment Period Extended.03/07/14 79 FR 13006 

RFI Comment Period Extended 

End.

03/31/14 

Initiate SBREFA .. 06/08/15 

SBREFA Report 

Completed.

08/01/16 

Stakeholder Meeting.01/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room 

N–3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AC82 

332. Emergency Response 

Legal Authority: 29 U.S.C. 655(b); 29 

U.S.C. 657; 5 U.S.C. 609 

Abstract: OSHA currently regulates 

aspects of emergency response and 

preparedness; 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, 

and other workers providing skilled 

support, nor do they reflect major 

changes in performance specifications 

for protective clothing and equipment. 

The agency acknowledges 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. OSHA is 

considering updating these standards 

with information gathered through an 

RFI and public meetings. 

Timetable: 

Action Date FR Cite 

Stakeholder Meetings.07/30/14 

Convene 

NACOSH 

Workgroup.

09/09/15 

NACOSH Review 

of Workgroup 

Report.

12/14/16 

Initiate SBREFA .. 08/02/21 

Finalize SBREFA 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room 

N–3718, Washington, DC 20210, Phone: 


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5254 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AC91 

333. Prevention of Workplace Violence 

in Health Care and Social Assistance 

Regulatory Plan: This entry is Seq. 

No. 126 in part II of this issue of the 

Federal Register. 

RIN: 1218–AD08 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

334. Infectious Diseases 

Regulatory Plan: This entry is Seq. 

No. 128 in part II of this issue of the 

Federal Register. 

RIN: 1218–AC46 

335. Communication Tower Safety 

Legal Authority: 29 U.S.C. 655(b); 5 

U.S.C. 609 

Abstract: 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. Due to recent FCC spectrum 

auctions and innovations in cellular 

technology, there will be a very high 

level of construction activity taking 

place on communication towers over 

the next few years. A similar increase in 

the number of construction projects 

needed to support cellular phone 

coverage triggered a spike in fatality and 

injury rates years ago. Based on 

information collected from an April 

2016 Request for Information (RFI), 

OSHA concluded that current OSHA 

requirements such as those for fall 

protection and personnel hoisting, may 

not adequately cover all hazards of 

communication tower construction and 

maintenance activities. OSHA will use 

information collected from a Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA) panel to identify 

effective work practices and advances in 

engineering technology that would best 

address industry safety and health 

concerns. The Panel carefully 

considered the issue of the expansion of 

the rule beyond just communication 

towers. OSHA will continue to consider 

also covering structures that have 

telecommunications equipment on or 

attached to them (e.g., buildings, 

rooftops, water towers, billboards). 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).04/15/15 80 FR 20185 

RFI Comment Period End.06/15/15 

Initiate SBREFA .. 01/04/17 

Initiate SBREFA .. 05/31/18 

Complete 

SBREFA.

10/11/18 

NPRM .................. 10/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Ketcham, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW, Room 

N–3468, FP Building, Washington, DC 

20210, Phone: 202 693–2020, Fax: 202 

693–1689, Email: ketcham.scott@

dol.gov. 

RIN: 1218–AC90 

336. Tree Care Standard 

Legal Authority: Not Yet Determined 

Abstract: There is no OSHA standard 

for tree care operations; the agency 

currently applies a patchwork of 

standards to address the serious hazards 

in this industry. The tree care industry 

previously petitioned the agency for 

rulemaking and OSHA issued an 

ANPRM (September 2008). OSHA 

completed a Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

panel in May 2020, collecting 

information from affected small entities 

on a potential standard, including the 

scope of the standard, effective work 

practices, and arboricultural specific 

uses of equipment to guide OSHA in 

developing a rule that would best 

address industry safety and health 

concerns. Tree care continues to be a 

high-hazard industry. 

Timetable: 

Action Date FR Cite 

Stakeholder Meeting.07/13/16 

Initiate SBREFA .. 01/10/20 

Complete 

SBREFA.

05/22/20 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room 

N–3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AD04 

[FR Doc. 2021–28220 Filed 1–28–22; 8:45 am] 

BILLING CODE 4510–HL–P 


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