18744 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / 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; 

Correction. 

SUMMARY: The U.S. Department of Labor 

(Department or DOL) published the 

regulatory flexibility agenda of its 

semiannual regulatory agenda on 

February 9, 2024 (89 FR 9696). The 

listing of all of the Department’s 

regulatory flexibility items were 

inadvertently omitted from that 

document. This Federal Register Notice 

corrects the February 9, 2024, document 

and contains the Department’s 

regulatory flexibility agenda. 

FOR FURTHER INFORMATION CONTACT: 

Albert T. Herrera, 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. 

Julie A. Su, 

Acting Secretary of Labor. 

WAGE AND HOUR DIVISION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Computer Employees (Reg Plan Seq No. 161).

1235–AA39 

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

WAGE AND HOUR DIVISION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

383 .................... Employee or Independent Contractor Classification Under the Fair Labor Standards Act (Reg Plan Seq 

No. 163).

1235–AA43 

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

WAGE AND HOUR DIVISION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

384 .................... Updating the Davis-Bacon and Related Acts Regulations .............................................................................. 1235–AA40 

EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

385 .................... Temporary Employment of H–2B Foreign Workers in the United States ....................................................... 1205–AB93 

386 .................... Improving Protections For Workers in Temporary Agricultural Employment in the United States (Reg Plan 

Seq No. 164).

1205–AC12 

387 .................... National Apprenticeship System Enhancements (Reg Plan Seq No. 165) .................................................... 1205–AC13 

388 .................... Employer-Provided Survey Wage Methodology for the Temporary Non-Agricultural Employment H–2B 

Program.

1205–AC15 

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


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Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / UA: Reg Flex Agenda 18745 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

389 .................... Retirement Security Rule: Definition of an Investment Advice Fiduciary (Reg Plan Seq No. 167) ............... 1210–AC02 

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. 

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

391 .................... Prevention of Workplace Violence in Health Care and Social Assistance ..................................................... 1218–AD08 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

392 .................... Infectious Diseases (Reg Plan Seq No. 174) ................................................................................................. 1218–AC46 

393 .................... Communication Tower Safety .......................................................................................................................... 1218–AC90 

394 .................... Emergency Response (Reg Plan Seq No. 175) ............................................................................................. 1218–AC91 

395 .................... 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 

382. Defining and Delimiting the 

Exemptions for Executive, 

Administrative, Professional, Outside 

Sales, and Computer Employees [1235– 

AA39] 

Regulatory Plan: This entry is Seq. 

No. 161 in part II of this issue of the 

Federal Register. 

RIN: 1235–AA39 

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Final Rule Stage 

383. Employee or Independent 

Contractor Classification Under the 

Fair Labor Standards Act [1235–AA43] 

Regulatory Plan: This entry is Seq. 

No. 163 in part II of this issue of the 

Federal Register. 

RIN: 1235–AA43 

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Completed Actions 

384. Updating the Davis-Bacon and 

Related Acts Regulations [1235–AA40] 

Legal Authority: 40 U.S.C. 3141 et 

seq.; 40 U.S.C. 3145 

Abstract: The Davis-Bacon Act (DBA) 

was enacted in 1931 and amended in 

1935 and 1964. The DBA requires the 

payment of locally prevailing wages and 

fringe benefits to laborers and 

mechanics as determined by the 

Department of Labor. The DBA applies 

to direct Federal contracts and District 

of Columbia contracts in excess of 

$2,000 for the construction, alteration, 

or repair of public buildings or public 

works. Congress has included DBA 

prevailing wage requirements in 

numerous statutes (referred to as 

Related Acts) under which Federal 

agencies assist construction projects 

through grants, loans, guarantees, 

insurance, and other methods. Covered 

contractors and subcontractors must pay 

their laborers and mechanics employed 

under the contract no less than the 

locally prevailing wage rates and fringe 

benefits as required by the applicable 

wage determination. The Department 

issued a final rule on August 23, 2023, 

to update and modernize the regulations 

implementing the Davis-Bacon and 

Related Acts to provide greater clarity 

and enhance their usefulness in the 

modern economy. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/18/22 87 FR 15698 

NPRM Comment 

Period End.

05/17/22 

Final Rule ............ 08/23/23 88 FR 57526 

Final Rule Effective.10/23/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amy DeBisschop, 

Director of the 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, Phone: 202 693– 

0406. 

RIN: 1235–AA40 

DEPARTMENT OF LABOR (DOL) 

Employment and Training 

Administration (ETA) 

Proposed Rule Stage 

385. Temporary Employment of H–2B 

Foreign Workers in the United States 

[1205–AB93] 

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

U.S.C. 1103; sec. 655.0 issued under 8 

U.S.C. 1101(a)(15)(E)(iii), 

1101(a)(15)(H)(i) and (ii); 8 U.S.C. 

1103(a)(6), 1182(m), (n) and (t), 1184(c), 

(g), and (j), 1188, and 1288(c) and (d); 

sec. 3(c)(1), Pub. L. 101–238; 103 Stat. 

2099, 2102 (8 U.S.C. 1182 note); sec. 

221(a), Pub. L. 101–649, 104 Stat. 4978, 

5027 (8 U.S.C. 1184 note); sec. 303(a)(8), 

Pub. L. 102–232, 105 Stat. 733, 1748 (8 

U.S.C. 1101 note); sec. 323(c), Pub. L. 

103–206, 107 Stat. 2428; sec. 412(e); 

Pub. L. 105–277, 112 Stat. 2681 (8 

U.S.C. 1182 note); sec. 2(d), Pub. L. 106– 

95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 

note); 29 U.S.C. 49k; Pub. L. 107–296, 

116 Stat. 2135, as amended; Pub. L. 

109–423, 120 Stat. 2900; . . . 

Abstract: The United States 

Department of Labor’s (DOL) 


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18746 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / UA: Reg Flex Agenda 

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 update the H–2B visa 

program regulations at 20 CFR part 655, 

subpart A, the related prevailing wage 

regulations at 20 CFR 656, and 8 CFR 

214 governing the certification of the 

employment of H–2B non-immigrant 

workers in temporary or seasonal nonagricultural employment and the 

enforcement of the obligations 

applicable to employers of such 

nonimmigrant workers and U.S. workers 

in corresponding employment. 

Specifically, the Notice of Proposed 

Rulemaking (NPRM) would update the 

process by which employers seeking to 

employ H–2B workers would obtain 

temporary certification from DOL for 

use in petitioning DHS to employ a 

nonimmigrant worker in H–2B status. 

The updates would also establish 

standards and procedures for employers 

seeking to hire foreign temporary nonagricultural workers for certain itinerant 

job opportunities, including 

entertainers, tree planting, and utility 

vegetation management. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/24 

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 

386. Improving Protections for Workers 

in Temporary Agricultural Employment 

in the United States [1205–AC12] 

Regulatory Plan: This entry is Seq. 

No. 164 in part II of this issue of the 

Federal Register. 

RIN: 1205–AC12 

387. National Apprenticeship System 

Enhancements [1205–AC13] 

Regulatory Plan: This entry is Seq. 

No. 165 in part II of this issue of the 

Federal Register. 

RIN: 1205–AC13 

388. • Employer-Provided Survey Wage 

Methodology for the Temporary NonAgricultural Employment H–2B 

Program [1205–AC15] 

Legal Authority: 8 U.S.C. 

1101(a)(15)(H)(ii)(b); 8 U.S.C. 1103(a)(6); 

8 U.S.C. 1184(c)(1); Pub. L. 117–328, 12/ 

29/22, 136 Stat. 4459, Div. H, title I, sec. 

110; Pub. L. 118–15, 9/30/23, 137 Stat. 

71, Division A, sec. 101(8) 

Abstract: The Immigration and 

Nationality Act, as amended, requires 

the Department of Homeland Security 

(DHS), prior to the approval of H–2B 

visa petitions, consult with the 

Department of Labor (Department). 

DHS’ regulation at 8 CFR 214.2(h)(6) 

requires that employer must first apply 

for a temporary labor certification from 

the Department. Specifically, the 

Department must certify that there is not 

sufficient U.S. worker(s) able, available, 

willing, and qualified at the time of an 

application for a visa, and that the 

employment of the H–2B workers will 

not adversely affect the wages and 

working conditions of similarly 

employed U.S. workers. To ensure that 

there is no adverse effect, DOL requires 

employers to pay the prevailing wage to 

H–2B workers and U.S. workers hired in 

response to the required recruitment. 

Employer-provided surveys are one of 

the prevailing wage sources under the 

H–2B regulations and has been the 

subject of recent litigation. On 

December 23, 2022, the U.S. District 

Court for the District of Columbia held 

the employer-provided survey provision 

under the Wage Methodology for the 

Temporary Non-Agricultural 

Employment H–2B Program (2015 Wage 

Rule) in, 20 CFR part 655 subpart A did 

not satisfy the notice and comment 

requirements under the Administrative 

Procedure Act (APA). Mary Jane 

Williams, et al. v. Martin J. Walsh, et al. 

(Williams), Civil No. 1:21–cv–01150 

(RC), 2022 WL 17904227 (D.D.C. 

December 23, 2022). The Court 

remanded the rule without vacatur and 

ordered act[ion] with haste for further 

consideration consistent with the 

Court’s opinion. The Department is 

proposing to issue a notice of proposed 

rulemaking on the employer-provided 

survey provision of the 2015 Wage Rule 

to cure the procedural defect of the 2015 

Wage Rule, pursuant to the decision in 

Williams. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

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–AC15 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Proposed Rule Stage 

389. Retirement Security Rule: 

Definition of an Investment Advice 

Fiduciary [1210–AC02] 

Regulatory Plan: This entry is Seq. 

No. 167 in part II of this issue of the 

Federal Register. 

RIN: 1210–AC02 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

390. Process Safety Management and 

Prevention of Major Chemical 

Accidents [1218–AC82] 

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. OSHA held a stakeholder meeting 

on October 12, 2022, and kept the 

docket open for comments until 

November 14, 2022. 

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.10/12/22 


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Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / UA: Reg Flex Agenda 18747 

Action Date FR Cite 

Analyze Comments.11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

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 

391. Prevention of Workplace Violence 

in Health Care and Social Assistance 

[1218–AD08] 

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

U.S.C. 609 

Abstract: The Request for Information 

(RFI) (published on December 7, 2016, 

81 FR 88147)) provides OSHA’s history 

with the issue of workplace violence in 

health care and social assistance, 

including a discussion of the Guidelines 

that were initially published in 1996, a 

2014 update to the Guidelines, the 

agency’s use of 5(a)(1) in enforcement 

cases in health care. The RFI solicited 

information primarily from health care 

employers, workers and other subject 

matter experts on impacts of violence, 

prevention strategies, and other 

information that will be useful to the 

agency. OSHA was petitioned for a 

standard preventing workplace violence 

in health care by a broad coalition of 

labor unions, and in a separate petition 

by the National Nurses United. On 

January 10, 2017, OSHA granted the 

petitions. OSHA is preparing for 

SBREFA. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).12/07/16 81 FR 88147 

RFI Comment Period End.04/06/17 

Initiate SBREFA .. 12/29/22 

Complete 

SBREFA.

05/01/23 

Analyze SBREFA 

Report.

12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

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–AD08 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

392. Infectious Diseases [1218–AC46] 

Regulatory Plan: This entry is Seq. 

No. 174 in part II of this issue of the 

Federal Register. 

RIN: 1218–AC46 

393. Communication Tower Safety 

[1218–AC90] 

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 

2015 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 .................. 03/00/24 

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 

394. Emergency Response [1218–AC91] 

Regulatory Plan: This entry is Seq. 

No. 175 in part II of this issue of the 

Federal Register. 

RIN: 1218–AC91 

395. Tree Care Standard [1218–AD04] 

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 .................. 01/00/24 


ddrumheller on DSK120RN23PROD with PROPOSALS3
18748 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / UA: Reg Flex Agenda 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

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. 2024–05428 Filed 3–13–24; 8:45 am] 

BILLING CODE 4510–HL–P 


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