48576 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / 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: 

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. 

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

Computer Employees.

1235–AA39 

EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

127 .................... Improving Protections For Workers in Temporary Agricultural Employment in the United States ................. 1205–AC12 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

128 .................... Implement SECURE Act and Related Revisions to Employee Benefit Plan Annual Reporting on the Form 

5500.

1210–AB97 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

130 .................... 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. 

131 .................... Infectious Diseases .......................................................................................................................................... 1218–AC46 

132 .................... Communication Tower Safety .......................................................................................................................... 1218–AC90 

133 .................... Emergency Response ...................................................................................................................................... 1218–AC91 


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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / UA: Reg Flex Agenda 48577 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

134 .................... Tree Care Standard ......................................................................................................................................... 1218–AD04 

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Proposed Rule Stage 

125. Defining and Delimiting the 

Exemptions for Executive, 

Administrative, Professional, Outside 

Sales and Computer Employees [1235– 

AA39] 

Legal Authority: 29 U.S.C. 201 et seq.; 

29 U.S.C. 213 

Abstract: WHD is reviewing the 

regulations at 29 CFR 541, which 

implement the exemption of bona fide 

executive, administrative, and 

professional employees from the Fair 

Labor Standards Act’s minimum wage 

and overtime requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/23 

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–AA39 

DEPARTMENT OF LABOR (DOL) 

Employment and Training 

Administration (ETA) 

Proposed Rule Stage 

126. 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) 

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 .................. 08/00/23 

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 

127. Improving Protections for Workers 

in Temporary Agricultural Employment 

in the United States [1205–AC12] 

Legal Authority: 8 U.S.C. 1188; 29 

U.S.C. 49 et seq. 

Abstract: The Department of Labor’s 

(DOL) Employment and Training 

Administration and Wage and Hour 

Division propose to amend regulations 

to improve working conditions and 

protections for workers engaged in 

temporary agricultural employment in 

the United States; and strengthen 

protections in the recruitment, job order 

clearance, and oversight processes. The 

proposed regulatory changes involve the 

Employment Service and the H–2A nonimmigrant visa program at 29 CFR part 

501 and 20 CFR parts 651, 653, 654, 

655, and 658. 

The Department has identified a need 

to strengthen and clarify protections for 

all temporary agricultural workers, 

including U.S. workers and workers 

employed through the H–2A temporary 

agricultural program. The H–2A 

temporary agricultural program allows 

agricultural employers to perform 

agricultural labor or services of a 

temporary or seasonal nature so long as 

there are not sufficient able, willing, and 

qualified U.S. workers to perform the 

work and the employment of H–2A 

workers does not adversely affect the 

wages and working conditions of 

similarly employed workers in the 

United States. The use of the H–2A 

program has grown substantially in 

recent years and the Department is 

committed to protecting agricultural 

workers in light of their significant 

vulnerabilities. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/23 

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–AC12 


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48578 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / UA: Reg Flex Agenda 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Completed Actions 

128. Implement Secure Act and Related 

Revisions to Employee Benefit Plan 

Annual Reporting on the Form 5500 

[1210–AB97] 

Legal Authority: 29 U.S.C. 1021, 

1023–24, 1026–27, and 1029–30; 29 

U.S.C. 1135 

Abstract: This regulatory action 

would implement SECURE Act and 

related changes to the Form 5500 

Annual Return/Report of Employee 

Benefit Plan and annual reporting 

regulations under ERISA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/15/21 86 FR 51284 

NPRM Comment 

Period End.

11/01/21 

Notice of Proposed Forms 

Revision.

09/15/21 86 FR 51488 

Notice of Proposed Forms 

Revision Comment Period 

End.

11/01/21 

Final Rule Phase 

I.

12/29/21 86 FR 73976 

Final Rule Phase 

II.

05/23/22 87 FR 31133 

Final Rule Phase 

III.

02/24/23 88 FR 11793 

Final Rule Phase 

III Effective.

04/25/23 

Final Forms Revisions.02/24/23 88 FR 11984 

Final Forms Effective (for plan 

years beginning 

on or after 1/1/ 

2023).

01/01/23 

Final Rule; Technical Correction 

(Change to 

Operational 

Date).

05/18/23 88 FR 31608 

Final Rule; Technical Correction 

Effective.

05/31/23 

Regulatory Flexibility Analysis 

Required: Yes. 

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, Phone: 

202 693–8500. 

RIN: 1210–AB97 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

129. 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. 

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 

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 

130. 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 

131. Infectious Diseases [1218–AC46] 

Legal Authority: 5 U.S.C. 533; 29 

U.S.C. 657 and 658; 29 U.S.C. 660; 29 

U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673 

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, as well as new and emerging 

infectious disease threats, such as 

Severe Acute Respiratory Syndrome 

(SARS), the 2019 Novel Coronavirus 

(COVID–19), 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), COVID–19, and other 

infectious diseases that can be 

transmitted through a variety of 

exposure routes. OSHA is examining 

regulatory alternatives for control 


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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / UA: Reg Flex Agenda 48579 

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. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).05/06/10 75 FR 24835 

RFI Comment Period End.08/04/10 

Analyze Comments.12/30/10 

Stakeholder Meetings.07/05/11 76 FR 39041 

Initiate SBREFA .. 06/04/14 

Complete 

SBREFA.

12/22/14 

NPRM .................. 03/00/24 

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–AC46 

132. 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 

133. Emergency Response [1218–AC91] 

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 12/02/21 

NPRM .................. 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–AC91 

134. 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 .................. 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 


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48580 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / UA: Reg Flex Agenda 

Avenue NW, FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AD04 

[FR Doc. 2023–14548 Filed 7–26–23; 8:45 am] 

BILLING CODE 4510–HL–P 


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