40086 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / 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: This document sets forth the 

Department’s semiannual agenda of 

regulations that have been selected for 

review or development during the 

coming year. The Department’s agencies 

have carefully assessed their available 

resources and what they can accomplish 

in the next 12 months and have adjusted 

their agendas accordingly. 

The agenda complies with the 

requirements of both Executive Order 

12866 and the Regulatory Flexibility 

Act. The agenda lists all regulations that 

are expected to be under review or 

development between April 2011 and 

April 2012, as well as those completed 

during the past six months. 

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 http:// 

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. 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) 

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. 

OFFICE OF LABOR-MANAGEMENT STANDARDS—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

228 .................... Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA ............... 1245–AA03 

229 .................... Persuader Agreements: Consultant Form LM–21 Receipts and Disbursements Report ............................... 1245–AA05 

OFFICE OF WORKERS’ COMPENSATION PROGRAMS—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

230 .................... Regulations Implementing the Longshore and Harbor Workers’ Compensation Act: Recreational Vessels 1240–AA02 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

233 .................... Bloodborne Pathogens (SECTION 610 REVIEW) ............................................................................................... 1218–AC34 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 40087 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

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

DEPARTMENT OF LABOR (DOL) 

Office of Labor—Management 

Standards (OLMS) 

Proposed Rule Stage 

228. Persuader Agreements: Employer 

and Labor Relations Consultant 

Reporting Under the LMRDA 

Legal Authority: 29 U.S.C. 433; 29 

U.S.C. 438 

Abstract: The Department intends to 

publish notice and comment rulemaking 

seeking consideration of a revised 

interpretation of section 203(c) of the 

Labor-Management 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. A proposed 

revised interpretation would narrow the 

scope of the advice exemption. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew R. Davis, 

Chief, Division of Interpretations and 

Standards, Office of Labor–Management 

Standards, Department of Labor, Office 

of Labor–Management Standards, Room 

N–5609, FP Building, 200 Constitution 

Avenue NW., Washington, DC 20210, 

Phone: 202 693–1254, Fax: 202 693– 

1340, E-mail: davis.andrew@dol.gov. 

RIN: 1245–AA03 

229. Persuader Agreements: Consultant 

Form LM–21 Receipts and 

Disbursements Report 

Legal Authority: 29 U.S.C. 433 and 

438 

Abstract: The Department 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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew R. Davis, 

Chief, Division of Interpretations and 

Standards, Office of Labor–Management 

Standards, Department of Labor, Office 

of Labor–Management Standards, Room 

N–5609, FP Building, 200 Constitution 

Avenue, NW., Washington, DC 20210, 

Phone: 202 693–1254, Fax: 202 693– 

1340, E-mail: davis.andrew@dol.gov. 

RIN: 1245–AA05 

DEPARTMENT OF LABOR (DOL) 

Office of Workers’ Compensation 

Programs (OWCP) 

Final Rule Stage 

230. Regulations Implementing the 

Longshore and Harbor Workers’ 

Compensation Act: Recreational 

Vessels 

Legal Authority: 33 U.S.C. 939 

Abstract: The American Recovery and 

Reinvestment Act of 2009 amended the 

Longshore and Harbor Workers’ 

Compensation Act, 33 U.S.C. 901 to 950, 

to exclude from the Act’s coverage 

certain employees who repair 

recreational vessels and who dismantle 

them for repair, regardless of the 

vessel’s length. On August 17, 2010, 

(republished on October 15, 2010), the 

Department issued a Notice of Proposed 

Rulemaking revising the definition of 

recreational vessel and addressing 

coverage of those employees who work 

in both qualifying maritime 

employment and employment excluded 

under the amendment. The comment 

period ended on November 17, 2010. 

The Department anticipates publishing 

a final rule by December 2011. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/17/10 75 FR 50718 

NPRM Republished.10/15/10 75 FR 63425 

NPRM Comment 

Period End.

11/17/10 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brandon Miller, 

Chief, Branch of Financial Management, 

Insurance and Assessment, Department 

of Labor, Office of Workers’ 

Compensation Programs, 200 

Constitution Avenue, NW., Room C– 

4315, FP Building, Washington, DC 

20210, Phone: 202 693–0925, Fax: 202 

693–1380, E-mail: 

miller.brandon@dol.gov. 

RIN: 1240–AA02 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

231. 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 

work sites 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 completed a 

scientific peer review of its draft risk 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
40088 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

assessment. The economic peer review 

is scheduled to be completed in May 

2011. 

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 

Economic Peer 

Review.

06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, FP 

Building, Washington, DC 20210, 

Phone: 202 693–1950, Fax: 202 693– 

1678, E-mail: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AB76 

232. 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 Advanced 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. NIOSH will initiate public 

peer review of the criteria document in 

April, 2011. 

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 

Initiate Peer Review of Health 

Effects and 

Risk Assessment.

06/00/11 

End Peer Review 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, FP 

Building, Washington, DC 20210, 

Phone: 202 693–1950, Fax: 202 693– 

1678, E-mail: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AC33 

233. 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 

Analyze Comments.06/00/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Keith Goddard, 

Director, Directorate of Evaluation and 

Analysis, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–2400, Fax: 202 693–1641, Email: goddard.keith@dol.gov. 

RIN: 1218–AC34 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

234. 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 μg/m3 and 25 μg/m3


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 40089 

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 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

05/22/09 

Completed Peer 

Review.

01/24/10 

NPRM .................. 06/00/11 

Hearings .............. 10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, FP 

Building, Washington, DC 20210, 

Phone: 202 693–1950, Fax: 202 693– 

1678, E-mail: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AB70 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Final Rule Stage 

235. 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 Action ......... 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Maddux, 

Directorate of Construction, Department 

of Labor, Occupational Safety and 

Health Administration, Department of 

Labor, 200 Constitution Avenue NW., 

Room N–3468, Washington, DC 20210, 

Phone: 202 693–2020, Fax: 202 693– 

1689, E-mail: maddux.jim@dol.gov. 

RIN: 1218–AB47 

236. 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 over 35 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. The 

posthearing comment period ended in 

September 2010. OSHA anticipates 

publishing a final rule in July 2011. 

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 

Posthearing Comment Period 

End.

02/10/10 

Final Rule ............ 09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dorothy Dougherty, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, FP 

Building, Washington, DC 20210, 

Phone: 202 693–1950, Fax: 202 693– 

1678, E-mail: 

dougherty.dorothy@dol.gov. 

RIN: 1218–AB67 

[FR Doc. 2011–15493 Filed 7–6–11; 8:45 am] 

BILLING CODE 4510–04–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2

Vol. 76 Thursday, 

No. 130 July 7, 2011 

Part XII 

Department of Transportation 

Semiannual Regulatory Agenda 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2