1598 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified 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. In 

addition, the Department’s Regulatory 

Plan, a subset of the Department’s 

regulatory agenda, is being published in 

the Federal Register. The Regulatory 

Plan contains a statement of the 

Department’s regulatory priorities and 

the regulatory actions the Department 

wants to highlight as its most important 

and significant. 

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. 

On January 18, 2011 the President 

issued Executive Order (E.O.) 13563, 

titled Improving Regulation and 

Regulatory Review. The Department of 

Labor’s fall 2011 Regulatory Agenda 

aims to achieve more efficient and less 

burdensome regulation through our 

renewed commitment to conduct 

retrospective reviews of regulations. 

The Regulatory Flexibility Act (5 

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

the Federal Register a regulatory 

flexibility agenda. The Department’s 

Regulatory Flexibility Agenda published 

with this notice includes only those 

rules on its semiannual agenda that are 

likely to have a significant economic 

impact on a substantial number of small 

entities; and those rules identified for 

periodic review in keeping with the 

requirements of section 610 of the 

Regulatory Flexibility Act. Thus, the 

regulatory flexibility agenda is a subset 

of the Department’s semiannual 

regulatory agenda. At this time, there is 

only one item, listed below, on the 

Department’s Regulatory Flexibility 

Agenda. 

Occupational Safety and Health 

Administration 

Bloodborne Pathogens (RIN 1218–AC34) 

In addition, the Department’s 

Regulatory Plan, also a subset of the 

Department’s regulatory agenda, is being 

published in the Federal Register. The 

Regulatory Plan contains a statement of 

the Department’s regulatory priorities 

and the regulatory actions the 

Department wants to highlight as its 

most important and significant. 

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. 

Hilda L. Solis, 

Secretary of Labor. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

330 .................... Filings Required of Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers.1210–AB51 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

331 .................... Occupational Exposure to Crystalline Silica .................................................................................................... 1218–AB70 

332 .................... Occupational Exposure to Beryllium ................................................................................................................ 1218–AB76 

333 .................... Bloodborne Pathogens (Section 610 Review) ............................................................................................... 1218–AC34 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

334 .................... Confined Spaces in Construction .................................................................................................................... 1218–AB47 

335 .................... Electric Power Transmission and Distribution; Electrical Protective Equipment ............................................. 1218–AB67 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1599 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

336 .................... Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes ............................ 1218–AC33 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Long-Term Actions 

330. Filings Required of Multiple 

Employer Welfare Arrangements and 

Certain Other Entities That Offer or 

Provide Coverage for Medical Care to 

the Employees of Two or More 

Employers 

Legal Authority: Sec 6606 of the 

Patient Protection and Affordable Care 

Act; Pub. L. 111–148; 124 Stat 119 

(2010) 

Abstract: This is a proposed rule 

under title I of the Employee Retirement 

Income Security Act (ERISA) that, upon 

adoption, would implement reporting 

requirements for multiple employer 

welfare arrangements (MEWAs) and 

certain other entities that offer or 

provide health benefits for employees of 

two or more employers. The proposal 

amends existing reporting rules to 

incorporate new requirements enacted 

as part of the Patient Protection and 

Affordable Care Act (Affordable Care 

Act) and to more clearly address the 

reporting obligations of MEWAs that are 

ERISA plans. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/06/11 76 FR 76222 

NPRM Comment 

Period End.

03/05/12 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amy J. Turner, 

Senior Advisor, Department of Labor, 

Employee Benefits Security 

Administration, 200 Constitution 

Avenue NW., FP Building, Room N– 

5653, Washington, DC 20210, Phone: 

202 693–8335, Fax: 202 219–1942. 

RIN: 1210–AB51 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

331. Occupational Exposure to 

Crystalline Silica 

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

U.S.C. 657 

Abstract: Crystalline silica is a 

significant component of the earth’s 

crust, and many workers in a wide range 

of industries are exposed to it, usually 

in the form of respirable quartz or, less 

frequently, cristobalite. Chronic silicosis 

is a uniquely occupational disease 

resulting from exposure of employees 

over long periods of time (10 years or 

more). Exposure to high levels of 

respirable crystalline silica causes acute 

or accelerated forms of silicosis that are 

ultimately fatal. The current OSHA 

permissible exposure limit (PEL) for 

general industry is based on a formula 

proposed by the American Conference 

of Governmental Industrial Hygienists 

(ACGIH) in 1968 (PEL = 10 mg/cubic 

meter/(% silica + 2), as respirable dust). 

The current PEL for construction and 

shipyards (derived from ACGIH’s 1970 

Threshold Limit Value) is based on 

particle counting technology, which is 

considered obsolete. NIOSH and ACGIH 

recommend 50 mg/m3 and 25 mg/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. 

Timetable: 

Action Date FR Cite 

Completed 

SBREFA Report.

12/19/03 

Action Date FR Cite 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

05/22/09 

Completed Peer 

Review.

01/24/10 

NPRM .................. 05/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, Room N–3718, FP 

Building, 200 Constitution Avenue NW., 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AB70 

332. Occupational Exposure to 

Beryllium 

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

U.S.C. 657 

Abstract: In 1999 and 2001, OSHA 

was petitioned to issue an emergency 

temporary standard by the United Steel 

Workers (formerly the Paper AlliedIndustrial, 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 

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1600 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

scientific peer review of its draft risk 

assessment. 

Timetable: 

Action Date FR Cite 

Request for Information.11/26/02 67 FR 70707 

Request For Information Comment Period 

End.

02/24/03 

SBREFA Report 

Completed.

01/23/08 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

03/22/10 

Complete Peer 

Review.

11/19/10 

NPRM .................. 07/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, Room N–3718, FP 

Building, 200 Constitution Avenue NW., 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AB76 

333. Bloodborne Pathogens (Section 610 

Review) 

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

610; 29 U.S.C. 655(b) 

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. 

Timetable: 

Action Date FR Cite 

Begin Review ...... 10/22/09 

Request for Comments Published.05/14/10 75 FR 27237 

Comment Period 

End.

08/12/10 

End Review and 

Issue Findings.

05/00/13 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Diana Cortez, Acting 

Director, Directorate of Evaluation and 

Analysis, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3641, FP 

Buildiing, Washington, DC 20210, 

Phone: 202 693–2400, Fax: 202 693– 

1641. 

RIN: 1218–AC34 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Final Rule Stage 

334. Confined Spaces in Construction 

Legal Authority: 29 U.S.C. 655(b); 40 

U.S.C. 333 

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. 

Timetable: 

Action Date FR Cite 

SBREFA Panel 

Report.

11/24/03 

NPRM .................. 11/28/07 72 FR 67351 

NPRM Comment 

Period End.

01/28/08 

NPRM Comment 

Period Extended.

02/28/08 73 FR 3893 

Public Hearing ..... 07/22/08 

Close Record ...... 10/23/08 

Final Rule ............ 07/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Maddux, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–3468, FP Building, 200 

Constitution Avenue NW., Washington, 

DC 20210, Phone: 202 693–2020, Fax: 

202 693–1689, Email: 

maddux.jim@dol.gov. 

RIN: 1218–AB47 

335. Electric Power Transmission and 

Distribution; Electrical Protective 

Equipment 

Legal Authority: 29 U.S.C. 655(b); 40 

U.S.C. 333 

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. OSHA has 

developed a revision of this standard 

that will prevent many of these 

fatalities, add flexibility to the standard, 

and update and streamline the standard. 

OSHA also intends to amend the 

corresponding standard for general 

industry so that requirements for work 

performed during the maintenance of 

electric power transmission and 

distribution installations are the same as 

those for similar work in construction. 

In addition, OSHA will be revising a 

few miscellaneous general industry 

requirements primarily affecting electric 

transmission and distribution work, 

including provisions on electrical 

protective equipment and foot 

protection. This rulemaking also 

addresses fall protection in aerial lifts 

for work on power generation, 

transmission, and distribution 

installations. OSHA published an 

NPRM on June 15, 2005. A public 

hearing was held from March 6 through 

March 14, 2006. OSHA reopened the 

record to gather additional information 

on minimum approach distances for 

specific ranges of voltages. The record 

was reopened a second time to allow 

more time for comment and to gather 

information on minimum approach 

distances for all voltages and on the 

newly revised Institute of Electrical and 

Electronics Engineers consensus 

standard. Additionally, a public hearing 

was held on October 28, 2009. 

Timetable: 

Action Date FR Cite 

SBREFA Report .. 06/30/03 

NPRM .................. 06/15/05 70 FR 34821 

NPRM Comment 

Period End.

10/13/05 

Comment Period 

Extended to 01/ 

11/2006.

10/12/05 70 FR 59290 

Public Hearing To 

Be Held 03/06/ 

2006.

10/12/05 70 FR 59290 

Posthearing Comment Period 

End.

07/14/06 

Reopen Record ... 10/22/08 73 FR 62942 

Comment Period 

End.

11/21/08 

Close Record ...... 11/21/08 

Second Reopening Record.09/14/09 74 FR 46958 

Comment Period 

End.

10/15/09 

Public Hearings ... 10/28/09 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1601 

Action Date FR Cite 

Posthearing Comment Period 

End.

02/10/10 

Final Rule ............ 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, Room N–3718, FP 

Building, 200 Constitution Avenue NW., 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AB67 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Long-Term Actions 

336. Occupational Exposure to Food 

Flavorings Containing Diacetyl and 

Diacetyl Substitutes 

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

U.S.C. 657 

Abstract: On July 26, 2006, the United 

Food and Commercial Workers 

International Union (UFCW) and the 

International Brotherhood of Teamsters 

(IBT) petitioned DOL for an Emergency 

Temporary Standard (ETS) for all 

employees exposed to diacetyl, a major 

component in artificial butter flavoring. 

Diacetyl and a number of other volatile 

organic compounds are used to 

manufacture artificial butter food 

flavorings. These food flavorings are 

used by various food manufacturers in 

a multitude of food products, including 

microwave popcorn, certain bakery 

goods, and some snack foods. Evidence 

indicates that exposure to flavorings 

containing diacetyl is associated with 

adverse effects on the respiratory 

system, including bronchiolitis 

obliterans, a debilitating and potentially 

fatal lung disease. OSHA denied the 

petition on September 25, 2007, but has 

initiated 6(b) rulemaking. OSHA 

published an Advance Notice of 

Proposed Rulemaking (ANPRM) on 

January 21, 2009, but withdrew the 

ANPRM on March 17, 2009, in order to 

facilitate timely development of a 

standard. The Agency subsequently 

initiated review of the draft proposed 

standard in accordance with the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA). The SBREFA 

Panel Report was completed on July 2, 

2009. NIOSH is currently developing a 

criteria document on occupational 

exposure to diacetyl. The criteria 

document will also address exposure to 

2,3-pentanedione, a chemical that is 

structurally similar to diacetyl and has 

been used as a substitute for diacetyl in 

some applications. It will include an 

assessment of the effects of exposure as 

well as quantitative risk assessment. 

OSHA intends to rely on these portions 

of the criteria document for the health 

effects analysis and quantitative risk 

assessment for the Agency’s diacetyl 

rulemaking. 

Timetable: 

Action Date FR Cite 

Stakeholder Meeting.10/17/07 72 FR 54619 

ANPRM ............... 01/21/09 74 FR 3937 

ANPRM Withdrawn.03/17/09 74 FR 11329 

ANPRM Comment 

Period End.

04/21/09 

Completed 

SBREFA Report.

07/02/09 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, Room N–3718, FP 

Building, 200 Constitution Avenue NW., 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AC33 

[FR Doc. 2012–31499 Filed 1–7–13; 8:45 am] 

BILLING CODE 4510–04–P 

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Vol. 78 Tuesday, 

No. 5 January 8, 2013 

Part XII 

Department of Transportation 

Semiannual Regulatory Agenda 

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