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. 

 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. 

Regulations.gov Monday, December 20, 2010 Unified Agenda

1
 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. 

NAME: Hilda L. Solis, 

Secretary of Labor. 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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The 99 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

YouthBuild Program Regulation 1205-AB49

Trade Adjustment Assistance for Workers Program; Regulations 1205-AB57

Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or

Registered Nursing in the United States (H-2B Workers) 1205-AB58

Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations 1205-AB59

Senior Community Service Employment Program; Additional Indicator on Volunteer Work 1205-AB60

Employment and Training Administration - Final Rule

Title

Regulation 

Identifier 

Number

Wage Methodology for the Temporary Non-Agricultural Employment H-2B program 1205-AB61

Employment and Training Administration - Completed Action

Title

Regulation 

Identifier 

Number

Senior Community Service Employment Program; Performance Accountability 1205-AB47

Senior Community Service Employment Program 1205-AB48

Federal-State Unemployment Compensation Program; Funding Goals for Interest-Free Advances 1205-AB53

Employee Benefits Security Administration - PreRule

Title

Regulation 

Identifier 

Number

Lifetime Income Options for Participants and Beneficiaries in Retirement Plans 1210-AB33

Automatic Enrollment in Health Plans of Employees of Large Employers Under FLSA Section 18A 1210-AB46

Employee Benefits Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Annual Funding Notice 1210-AB18

Pension Benefit Statements 1210-AB20

Definition of "Fiduciary" 1210-AB32

Improved Fee Disclosure for Welfare Plans 1210-AB37

Target Date Disclosure 1210-AB38

Amendment to Claims Procedure Regulation 1210-AB39

Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521 1210-AB48

Employee Benefits Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Improved Fee Disclosure for Pension Plans 1210-AB08

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Statutory Exemption for Provision of Investment Advice 1210-AB35

Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the

Patient Protection and Affordable Care Act 1210-AB41

Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient

Protection and Affordable Care Act 1210-AB44

Prohibited Transaction Exemption Procedures 1210-AB49

Employee Benefits Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Mental Health Parity and Addiction Equity Act 1210-AB30

Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the

Patient Protection and Affordable Care Act 1210-AB42

Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions and Patient Protections Under the Affordable

Care Act 1210-AB43

Group Health Plans and Health Insurance Issuers Relating to Internal and External Appeals Processes Under the

Patient Protection and Affordable Care Act 1210-AB45

Amendment of Abandoned Plan Program 1210-AB47

Employee Benefits Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the Health Insurance

Portability and Accountability Act of 1996 1210-AA54

Improved Fee Disclosure for Pension Plan Participants 1210-AB07

Time and Order of Issuance of Domestic Relations Orders 1210-AB15

Definition of "Welfare Plan" 1210-AB34

Genetic Information Nondiscrimination; Penalties for Noncompliance 1210-AB36

Children's Health Insurance Program: Notice Requirements for Employers 1210-AB40

Employment Standards Administration - Completed Action

Title

Regulation 

Identifier 

Number

Nondisplacement of Qualified Workers Under Service Contracts 1215-AB69

Occupational Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Beryllium 1218-AB76

Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes 1218-AC33

Bloodborne Pathogens 1218-AC34

Infectious Diseases 1218-AC46

Injury and Illness Prevention Program 1218-AC48

Reinforcing and Post-Tensioned Steel Construction 1218-AC51

Backing Operations 1218-AC52

Occupational Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Crystalline Silica 1218-AB70

Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) 1218-AB80

Combustible Dust 1218-AC41

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System 1218-AC49

Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions 1218-AC50

Occupational Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

Confined Spaces in Construction 1218-AB47

General Working Conditions for Shipyard Employment 1218-AB50

Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67

Standards Improvement Project (SIP III) 1218-AC19

Hazard Communication 1218-AC20

Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes 1218-AC25

Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach 1218-AC27

Cooperative Agreements 1218-AC32

Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act of 2007;

Surface Transportation Assistance Act of 1982, as Amended; and Federal Railroad Safety 1218-AC36

Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column 1218-AC45

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer

Product Safety Improvement Act (CPSIA) of 2008 1218-AC47

Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud

Accountability Act of 2002, As Amended 1218-AC53

Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010, Section 1057 of

the DODD-FRANK Wall Street Reform and Consumer 1218-AC54

Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010 1218-AC55

Occupational Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

Cranes and Derricks in Construction 1218-AC01

Methylene Chloride 1218-AC23

Mine Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Metal and Nonmetal Dams 1219-AB70

Mine Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Respirable Crystalline Silica Standard 1219-AB36

Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors 1219-AB64

Notification of Legal Identity 1219-AB67

Safety and Health Management Programs for Mines 1219-AB71

Criteria and Procedures for Proposed Assessment of Civil Penalties 1219-AB72

Pattern of Violations 1219-AB73

Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards 1219-AB75

Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines 1219-AB76

Mine Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Proximity Detection Systems for Underground Mines 1219-AB65

Mine Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Revising Electrical Product Approval Regulations 1219-AB37

Wage and Hour Division - Proposed Rule

Title

Regulation 

Identifier 

Number

Amendments to The Family and Medical Leave Act of 1993 1235-AA03

Right To Know Under the Fair Labor Standards Act 1235-AA04

Application of the Fair Labor Standards Act to Domestic Service 1235-AA05

Child Labor Regulations, Orders, and Statements of Interpretations 1235-AA06

Wage and Hour Division - Final Rule

Title

Regulation 

Identifier 

Number

Amendments to the Fair Labor Standards Act 1235-AA00

Nondisplacement of Qualified Workers Under Service Contracts 1235-AA02

Wage and Hour Division - Completed Action

Title

Regulation 

Identifier 

Number

Child Labor Regulations, Orders, and Statements of Interpretation 1235-AA01

Office of Workers Compensation - Final Rule

Title

Regulation 

Identifier 

Number

Claims for Compensation Under the Federal Employees' Compensation Act 1240-AA03

Office of Workers Compensation - Long-term Action

Title

Regulation 

Identifier 

Number

Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels 1240-AA02

Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors

Entitlement to Benefits 1240-AA04

Office of Workers Compensation - Completed Action

Title

Regulation 

Identifier 

Number

Death Gratuity Authorized for Federal Employees 1240-AA00

Defense Base Act Waivers 1240-AA01

Office of Labor Management Standards - PreRule

Title

Regulation 

Identifier 

Number

Internet Balloting in Union Officer Elections 1245-AA04

Office of Labor Management Standards - Proposed Rule

Regulations.gov Monday, December 20, 2010 Unified Agenda

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Title

Regulation 

Identifier 

Number

Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA 1245-AA03

Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report 1245-AA05

Office of Labor Management Standards - Final Rule

Title

Regulation 

Identifier 

Number

Labor Organization Officer and Employee Report (Form LM-30) 1245-AA01

Office of Labor Management Standards - Completed Action

Title

Regulation 

Identifier 

Number

Notification of Employee Rights Under Federal Labor Laws 1245-AA00

Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public Sector Intermediate Unions 1245-AA02

Office of Federal Contract Compliance Programs - PreRule

Title

Regulation 

Identifier 

Number

Non Discrimination In Compensation: Compensation Data Collection Tool 1250-AA03

Office of Federal Contract Compliance Programs - Proposed Rule

Title

Regulation 

Identifier 

Number

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, As Amended 1250-AA00

Construction Contractor Affirmative Action Requirements 1250-AA01

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and

Placement Results Under Section 503 1250-AA02

Office of the Secretary - Completed Action

Title

Regulation 

Identifier 

Number

Redesignation of Title 20 CFR, Chapter VI 1290-AA24

Office of the Assistant Secretary for Veterans' Employment and Training - PreRule

Title

Regulation 

Identifier 

Number

Revised Funding Formula for Jobs for Veterans State Grants 1293-AA17

Office of the Assistant Secretary for Veterans' Employment and Training - Proposed Rule

Title

Regulation 

Identifier 

Number

Establishment of a Uniform National Threshold Entered Employment Rate Under the Jobs for Veterans 1293-AA18

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB49

 View Related Documents

Title: YouthBuild Program Regulation

Abstract: The YouthBuild Transfer Act of 2006, Public Law 109-281, enacted on September 22, 2006, transfers oversight

Regulations.gov Monday, December 20, 2010 Unified Agenda

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and administration of the YouthBuild program from the U.S. Department of Housing and Urban Development (HUD) to the U.S.

Department of Labor (DOL). The YouthBuild program targets are high school dropouts, youth offenders, youth aging out of foster

care, and other at-risk youth populations. The program model balances classroom learning, geared toward a high school

diploma or GED, and construction skills training, geared toward a career placement for youth. DOL intends to develop

regulations in response to the legislation and to guide the program implementation and management. The program focuses on

youth who have a high school diploma or GED but are basic skills deficient.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 672 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-281

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/27/2010 75 FR 52671 

NPRM Comment Period End 10/26/2010 

Analyzing Comments 04/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Grace A. Kilbane 

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB57

 View Related Documents

Title: Trade Adjustment Assistance for Workers Program; Regulations

Abstract: The Trade and Globalization Assistance Act of 2009 (Act), division B, title I, subtitle I of the American Recovery

and Reinvestment Act of 2009, reauthorizes the Trade Adjustment Assistance for Workers program. More specifically, the law

amends the criteria for certification of worker groups as eligible to apply for benefits and services and substantially expands

those benefits and services. It also requires reports on the program's effectiveness. The Act amends section 248 of the Trade

Act of 1974 (19 U.S.C. 2320), which continues to require that the Secretary issue regulations to carry out these provisions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 617; 20 CFR 618; 20 CFR 672; 29 CFR 90 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 19 USC 2320; Secretary's Order 3-2007, 72 FR 15907

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Agency Contact: Erin Fitzgerald 

Office of Trade Adjustment Assistance

Department of Labor

Employment and Training Administration

Regulations.gov Monday, December 20, 2010 Unified Agenda

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200 Constitution Avenue NW. Room N-5428, FP Building

Washingon , DC 20210 

Phone: 202 693-3560 

FAX: 202 693-3149

E-Mail: fitzgerald.erin@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB58

 View Related Documents

Title: Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or

Registered Nursing in the United States (H-2B Workers)

Abstract: The Department of Homeland Security (DHS) regulations require employers to apply for a temporary labor

certification from the Department of Labor before H-2B visas may be approved. DOL certifies that there are not sufficient U.S.

worker(s) who are capable of performing the temporary services or labor 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.

This regulation proposes to re-engineer the H-2B program in order to enhance transparency and strengthen program integrity

and protections of both U.S. workers and H-2B workers.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B)); 8 USC 1184(c)(1); 8 CFR 214.2(h)

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department has determined that a new rulemaking effort is necessary for the H-2B program. The

policy underpinnings of the current regulation, e.g., streamlining the H-2B process to defer many determinations of program

compliance until after an application has been adjudicated, do not provide an adequate level of protection for either U.S. or

foreign workers. The proposed rule seeks to enhance worker protections and increase the availability of job opportunities to

qualified U.S. workers.

Legal Basis: The Department of Labor's authority to revise these regulations derives from 8 U.S.C. 1101(a)(15)(H)(ii)(B) and

8 U.S.C. 1184(c)(1) and 8 CFR 214.2(h).

Alternatives: The public will be afforded an opportunity to provide comments on the proposed regulatory changes when the

Department publishes the NPRM in the Federal Register. A final rule will be issued after analysis of, and response to, public

comments.

Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action are under development. The

Department of Labor is seeking information on potential additional or actual costs from employers and other interested parties

through the NPRM in order to better assess the costs and benefits of the proposed provisions of the program. The proposed

changes are thought to raise "novel legal or policy issues" but are not economically significant within the context of Executive

Order 12866 and are not a "major rule" under section 804 for the Small Business Regulatory Enforcement Fairness Act.

Risks: This action does not affect the public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Dr. William L. Carlson 

Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

FP Building Room C-4312 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-3010 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB59

 View Related Documents

Title: Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations

Abstract: Revisions to the equal opportunity regulatory framework for the National Apprenticeship Act are a critical element in

the Department's vision to promote and expand Registered Apprenticeship opportunities in the 21st century while continuing to

safeguard the welfare and safety of apprentices. In October 2008, the Agency issued a Final Rule updating regulations for

Apprenticeship Programs and Labor Standards for Registration. These regulations, codified at title 29 Code of Federal

Regulations (CFR) part 29, had not been updated since 1977. The companion regulations, 29 CFR part 30, Equal Employment

Opportunity (EEO) in Apprenticeship and Training, have not been amended since 1978. The Agency now proposes to update 29

CFR part 30 to ensure that the National Registered Apprenticeship System is consistent and in alignment with EEO law, as it

has developed since 1978, and recent revisions to title 29 CFR part 29. This second phase of regulatory updates will ensure

that Registered Apprenticeship is positioned to continue to provide economic opportunity for millions of Americans while keeping

pace with these new requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 30 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 1, 50 Stat 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); Reorganization Plan No 14 of

1950, 64 Stat 1267 (5 USC app p 534)

Legal Deadline: None

Regulatory Plan:

Statement of Need: Federal regulations for Equal Employment Opportunity (EEO) in Apprenticeship and Training have not

been updated since 1978. Updates to these regulations are necessary to ensure that DOL regulatory requirements governing

the National Registered Apprenticeship System are consistent with the current state of EEO law, the ADA, and recent revisions

to title 29 CFR part 29.

Legal Basis: These regulations are authorized by the National Apprenticeship Act of 1937 (29 U.S.C. 50) and the Copeland

Act (40 U.S.C. 276c). These regulations will set forth policies and procedures to promote equality of opportunity in

apprenticeship programs registered with the U.S. Department of Labor or in State Apprenticeship Agencies recognized by the

U.S. Department of Labor.

Alternatives: The public will be afforded an opportunity to provide comments on the proposed amendment to

Apprenticeship EEO regulations when the Department publishes a Notice of Proposed Rulemaking (NPRM) in the Federal

Register. A Final Rule will be issued after analysis and incorporation of public comments to the NRPM.

Costs and Benefits: The proposed changes are thought to raise "novel legal or policy issue" but are not economically

significant within the context of Executive Order 12866 and are not a "major rule" under Section 804 of the Small Business

Regulatory Enforcement Fairness Act.

Risks: This action does not affect the public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: Yes

Energy Affected: No

Agency Contact: John V. Ladd 

Office of Apprenticeship

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. Room N5311 FP Building

Washington , DC 20210 

Phone: 202 693-2796 

FAX: 202 693-3799

Regulations.gov Monday, December 20, 2010 Unified Agenda

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E-Mail: ladd.john@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB60

 View Related Documents

Title: Senior Community Service Employment Program; Additional Indicator on Volunteer Work

Abstract: The Older Americans Act Amendments of 2006 (Pub. L. 109-365), enacted on October 17, 2006, contains

provisions amending title V of that Act, which authorizes the Senior Community Service Employment Program (SCSEP). The

Amendments, effective July 1, 2007, make substantial changes to the current SCSEP provisions in the Older Americans Act

relating to performance accountability. Under the authority provided in section 513(b)(2)(C), which allows additional indicators to

be promulgated where the Secretary deems such indicators appropriate to evaluate services and performance, the Department

is seeking feedback on a potential additional performance measure for volunteer work in the SCSEP.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 40 USC 3056 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/23/2010 75 FR 71514 

NPRM Comment Period End 01/24/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Grace A. Kilbane 

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB61

 View Related Documents

Title: Wage Methodology for the Temporary Non-Agricultural Employment H-2B program

Abstract: The Immigration and Nationality Act, as amended, requires the Department of Homeland Security, prior to the

approval of H-2B visa petitions consult with other agencies. DHS' regulation at 8 CFR 214.2(h)(6) requires that an intending

employer first apply for a temporary labor certification from the Department of Labor. Specifically, DOL certifies 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 alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. In order to ensure that

there is no adverse effect, the Department requires employers to pay the prevailing wage to H-2B workers and U.S. workers

hired in response to the required recruitment. The prevailing wage calculation methodology under the current H-2B regulation

became the subject of litigation. On August 30, 2010, the U.S. District Court in the Eastern District of Pennsylvania in Comité de

Apoyo a los Trabajadores Agricolas (CATA) v. Hilda Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.),

ordered the Department to promulgate new rules concerning the calculation of the prevailing wage rate in the H-2B program that

are in compliance with the Administrative Procedure Act no later than 120 days from the date of this order. The Department is

proposing to establish that the prevailing wage be the highest of the following: wages established under an agreed-upon

collective bargaining agreement; a wage rate established under the Davis Bacon Act or Service Contract Act for that occupation

in the area of intended employment; and the arithmetic mean wage rate established by the Occupational Employment Statistics

survey for that occupation in the area of intended employment.

Regulations.gov Monday, December 20, 2010 Unified Agenda

11
Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR 655.10 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B); 8 USC 1184(c)

Legal Deadline: The U.S. District Court in the Eastern District of Pennsylvania in Comite ́ de Apoyo a los Trabajadores

Agricolas (CATA) v. Hilda Solis, et al., Civil No. 2:09–cv–240–LP, 2010 WL 3431761 (E.D. Pa.) ordered the Department to

promulgate a new rule on the calculation of the prevailing wage no later than December 28, 2010.

 Action Source Description Date

Other Judicial 12/28/2010 

Timetable:

Action Date FR Cite

NPRM 10/05/2010 75 FR 61578 

NPRM Extension of Comment Period 11/03/2010 75 FR 67662 

NPRM Comment Period End 11/04/2010 

NPRM Extension of Comment Period End 11/12/2010 

Final Rule 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Dr. William L. Carlson 

Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

FP Building Room C-4312 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB47

 View Related Documents

Title: Senior Community Service Employment Program; Performance Accountability

Abstract: The Older Americans Act Amendments of 2006, Public Law 109-365, enacted on October 17, 2006, contains

provisions amending title V of that Act, which authorizes the Senior Community Service Employment Program (SCSEP). The

Amendments, effective July 1, 2007, make substantial changes to the current SCSEP provisions in the Older Americans Act

relating to performance accountability. Section 513(d)(4) of title V requires that the Agency establish and implement new

measures of performance by July 1, 2007. Section 513(b)(3) required that the Secretary issue definitions of indicators of

performance through regulations after consultation with stakeholders. Therefore, the Interim Final Rule (IFR) implemented

changes to the SCSEP program performance accountability regulations found at 20 CFR 641 in subpart G. Changes to other

subparts of part 641 were implemented through a separate Notice of Proposed Rulemaking, published Aug. 14, 2008 (73 FR

47770).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 3056 et seq

Legal Deadline: 

 Action Source Description Date

Other Statutory Interim Final Rule 06/30/2007 

Timetable:

Action Date FR Cite

Interim Final Rule 06/29/2007 72 FR 35832 

Interim Final Rule Comment Period End 08/28/2007 

Final Action 09/01/2010 75 FR 53786 

Regulations.gov Monday, December 20, 2010 Unified Agenda

12
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1205-AB48

Agency Contact: Grace A. Kilbane 

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB48

 View Related Documents

Title: Senior Community Service Employment Program

Abstract: The Older Americans Act Amendments of 2006, Public Law 109-365, enacted on October 17, 2006, contain

provisions amending title V of that Act, which authorizes the Senior Community Service Employment program (SCSEP). The

Amendments, effective July 1, 2007, made substantial changes to the SCSEP provisions in the Older Americans Act, including

new requirements relating to performance accountability, income eligibility for program participation, competition of national

grants, and services to participants. This portion of the rulemaking consists of 8 subparts: subpart A--Purpose and Definitions;

subpart B--Coordination with the Workforce Investment Act; subpart C--the State Plan; subpart D--Grant Application and

Responsibility Review Requirements for State and National Grants; subpart E--Services to Participants; subpart F--Pilots,

Demonstration, and Evaluation Projects, subpart H--Administrative Requirements; and subpart I--Grievance Procedures and

Appeals Process. The performance accountability requirements (subpart G) were implemented through a separate Interim Final

Rule (IFR).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 3056 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/14/2008 73 FR 47770 

NPRM Comment Period End 10/14/2008 

Final Action 09/01/2010 75 FR 53786 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1205-AB47

Agency Contact: Grace A. Kilbane 

Administrator, Office of Workforce Investment

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building, Room S-4231

Washington , DC 20210 

Phone: 202 693-3980 

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB53

Regulations.gov Monday, December 20, 2010 Unified Agenda

13
 View Related Documents

Title: Federal-State Unemployment Compensation Program; Funding Goals for Interest-Free Advances

Abstract: Under title XII of the Social Security Act (42 U.S.C. 1321 et seq.), States may, when needed, obtain repayable

advances from the Federal unemployment account in the Unemployment Trust Fund to pay State unemployment compensation

benefits. States may be exempted from the requirement to pay interest on these advances under certain conditions, including

the condition that the “State meets funding goals” established by the Secretary of Labor in regulations. The regulation would

establish these funding goals.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 606 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1322(b)(2)(C); 26 USC 7805(a); Secretary Order No 3-2007, April 3, 2007 (72 FR 15907)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/25/2009 74 FR 30402 

NPRM Comment Period End 08/24/2009 

Final Action 09/17/2010 75 FR 57146 

Final Action Effective 10/18/2010 75 FR 57146 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Ronald Wilus 

Chief, Division of Fiscal and Actuarial Services

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW. FP Building Room S-4231

Washington , DC 20210 

Phone: 202 693-2931 

E-Mail: wilus.ronald@dol.gov

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB33

 View Related Documents

Title: Lifetime Income Options for Participants and Beneficiaries in Retirement Plans

Abstract: This initiative will explore what steps, if any, that the Department could or should take, by regulation or otherwise,

to enhance the retirement security of American workers by facilitating access to and use of lifetime income or income

arrangements designed to provide a stream of income after retirement.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None

Regulatory Plan:

Statement of Need: With a continuing trend away from defined benefit plans to defined contribution plans, employees are

not only increasingly responsible for the adequacy of their retirement savings, but also for ensuring that their savings last

throughout their retirement. Employees may benefit from access to and use of lifetime income or other arrangements that will

reduce the risk of running out of funds during the retirement years. However, both access to and use of such arrangements in

defined contribution plans is limited. The Department, taking into consideration recommendations of the ERISA Advisory Council

and others, intends to explore what steps, if any, it could or should take, by regulation or otherwise, to enhance the retirement

security of workers by increasing access to and use of such arrangements.

Regulations.gov Monday, December 20, 2010 Unified Agenda

14
Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and

appropriate to carry out the provisions of title I of the Act.

Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance

needed by the public.

Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate,

following a determination regarding the alternatives to be considered.

Risks: 

Timetable:

Action Date FR Cite

RFI 02/02/2010 75 FR 5253 

RFI Comment Period End 05/03/2010 

Public Hearing Notice 08/10/2010 75 FR 48367 

Public Hearing 09/14/2010 

Review Public Record 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Jeffrey J. Turner 

Chief, Division of Regulations, 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 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB46

 View Related Documents

Title: Automatic Enrollment in Health Plans of Employees of Large Employers Under FLSA Section 18A

Abstract: This rulemaking implements section 1511 of the Patient Protection and Affordable Care Act of 2010, which added

section 18A to the Fair Labor Standards Act to require employers who have more than 200 full-time employees and who offer

enrollment in one or more health benefits plans to automatically enroll new full-time employees in one of the plans offered and

to continue enrollment of current employees.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 218A; FLSA sec 18A; PL 111-148, sec 1511, Patient Protection and Affordable Care Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Request For Information 05/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: Undetermined

Agency Contact: Janet Walters 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N5655

Washington , DC 20210 

Phone: 202 693-8500 

Regulations.gov Monday, December 20, 2010 Unified Agenda

15
FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB18

 View Related Documents

Title: Annual Funding Notice

Abstract: This rulemaking implements the requirement of section 501 of the Pension Protection Act of 2006 (PPA), which

amended section 101(f) of ERISA to require the administrator of a defined benefit pension plan to provide participants,

beneficiaries, and other parties with an annual funding notice, and also implements the requirements of section 503(c) of the

PPA that amended section 104(b)(3) of ERISA regarding summary annual reports for defined benefit plans.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2520; 29 CFR 2520.104-46; 29 CFR 2520.104b-10 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 29 USC 1021(f); ERISA sec 101(f); PL 109-280, sec 501, Pension Protection Act of 2006; 29 USC

1021(b); ERISA sec 104(b)(3); PL 109-280, sec 503, Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505

Legal Deadline: 

 Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

NPRM 11/18/2010 75 FR 70625 

NPRM Comment Period End 01/18/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Stephanie Ward 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7921

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB20

 View Related Documents

Title: Pension Benefit Statements

Abstract: Section 508 of the Pension Protection Act of 2006 (PPA) amended section 105 of ERISA to require plans that are

subject to ERISA to automatically provide participants and certain beneficiaries with individual pension benefit statements.

Generally, defined benefit plans must provide the statement every 3 years, with an annual alternative. Individual account plans

that permit participant direction must provide the statement quarterly and individual account plans that do not permit participant

direction must provide the statement annually. The PPA directed the Department of Labor to provide a model statement within

1 year of enactment of the statute and the Department has been given interim final rulemaking authority.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2520 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1025; ERISA sec 105; PL 109-280, sec 508, Pension Protection Act of 2006; 29 USC 1135;

Regulations.gov Monday, December 20, 2010 Unified Agenda

16
ERISA sec 505

Legal Deadline: 

 Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Suzanne Adelman 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB32

 View Related Documents

Title: Definition of "Fiduciary"

Abstract: This rulemaking would amend the regulatory definition of the term “fiduciary” set forth at 29 CFR 2510.3-21 (c) to

more broadly define as employee benefit plan fiduciaries persons who render investment advice to plans for a fee within the

meaning of section 3(21) of ERISA. The amendment would take into account current practices of investment advisers and the

expectations of plan officials and participants who receive investment advice.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-21(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1002; ERISA sec 3(21); 29 USC 1135; ERISA sec 505

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking is needed to bring the definition of "fiduciary" into line with investment advice

practices and to recast the current regulation to better reflect relationships between investment advisers and their employee

benefit plan clients. The current regulation may inappropriately limit the types of investment advice relationships that should

give rise to fiduciary duties on the part of the investment adviser.

Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and

appropriate to carry out the provisions of title I of the Act. Regulation 29 CFR 2510.3-21(c) defines the term fiduciary for certain

purposes under section 3(21) of ERISA.

Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance

needed by the public.

Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate,

following a determination regarding the alternatives to be considered.

Risks: 

Timetable:

Action Date FR Cite

NPRM 10/22/2010 75 FR 65263 

NPRM Comment Period End 01/20/2011 

Regulations.gov Monday, December 20, 2010 Unified Agenda

17
Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Jeffrey J. Turner 

Chief, Division of Regulations, 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 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB37

 View Related Documents

Title: Improved Fee Disclosure for Welfare Plans

Abstract: This rulemaking will amend the regulation setting forth the standards applicable to the exemption under ERISA

section 408(b)(2) for contracting or making reasonable arrangements with a party in interest for office space or services (29 CFR

2550.408b-2). This amendment will ensure that plan fiduciaries of welfare plans are provided or have access to that information

necessary to a determination of whether an arrangement for services is "reasonable" within the meaning of the statutory

exemption. This amendment is being promulgated separately from another amendment to section 408(b)(2) that applies to

pension plans.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.408b-2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1108

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Chief, Division of Regulations, 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 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB38

 View Related Documents

Title: Target Date Disclosure

Abstract: This rulemaking will amend the Department's qualified default investment alternative regulation (29 CFR

2550.404c-5), which provides relief from certain fiduciary responsibilities for fiduciaries of participant-directed individual account

plans who, in the absence of directions from a participant, invest the participant's account in a qualified default investment

alternative. This amendment will provide more specificity to fiduciaries as to the investment information that must be disclosed in

the required notice to participants and beneficiaries. This amendment also will enhance the information that must be disclosed

concerning target date, or similar age-based, qualified default investment alternatives. The Department recently published in the

Federal Register, at § 2550.404a-5 (75 FR 64910, October 20, 2010), a final regulation that requires the disclosure of certain

Regulations.gov Monday, December 20, 2010 Unified Agenda

18
plan and investment-related information, including fee and expense information, to participants and beneficiaries in participantdirected individual account plans (the participant-level disclosure regulation). The proposed rulemaking also will amend the

participant-level disclosure regulation to require the disclosure of the same information concerning target date or similar

investments to all participants and beneficiaries in participant-directed individual account plans.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2550.404c-5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1104

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/30/2010 75 FR 73987 

NPRM Comment Period End 01/14/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey Turner 

Chief, Division of Regulations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7219

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB39

 View Related Documents

Title: Amendment to Claims Procedure Regulation

Abstract: Section 503 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. section 1133, provides that, in

accordance with regulations promulgated by the Secretary of Labor, each employee benefit plan must provide "adequate notice

in writing to any participant or beneficiary whose claim for benefits under the plan has been denied." The notice must set forth

the specific reasons for the denial and must be written in a manner calculated to be understood by the claimant. Each plan

must also afford " a reasonable opportunity" for any participant or beneficiary whose claim has been denied to obtain "full and

fair review" of the denial by the "appropriate named fiduciary of the plan." The Department has issued a regulation pursuant to

the above authority that establishes the minimum requirements for benefit claims procedures of employee benefit plans covered

by title 1 of ERISA. See 29 CFR section 2560.503-1. This rulemaking is intended to strengthen, improve, and update the

current rules governing the internal claims and appeals process.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.503-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1133

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey Turner 

Chief, Division of Regulations

Department of Labor

Regulations.gov Monday, December 20, 2010 Unified Agenda

19
Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7219

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB48

 View Related Documents

Title: Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521

Abstract: ERISA section 521, enacted under sec. 6605 of the Affordable Care Act (Pub. L. 111-148, 124 Stat. 780),

authorizes the Secretary of Labor to issue a cease and desist order if it appears that a multiple employer welfare arrangement

(MEWA) is fraudulent, creates an immediate danger to public safety or welfare, or can be reasonably expected to cause

significant, imminent, and irreparable public injury. This section also authorizes the Secretary to issue a summary seizure order

if it appears that a MEWA is in a financially hazardous condition. Regulatory guidance will provide standards for the issuance of

such orders.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1151; 29 USC 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Stephanie Lewis 

Attorney

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Bldg Rm N-411

Washington , DC 20210 

Phone: 202 693-5588 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB08

 View Related Documents

Title: Improved Fee Disclosure for Pension Plans

Abstract: This rulemaking will amend the regulation setting forth the standards applicable to the exemption under ERISA

section 408(b)(2) for contracting or making reasonable arrangements with a party in interest for office space or services (29 CFR

2550.408b-2). This amendment will ensure that plan fiduciaries are provided or have access to that information necessary to a

determination of whether an arrangement for services is “reasonable” within the meaning of the statutory exemption.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1108(b)(2); 29 USC 1135

Legal Deadline: None

Regulations.gov Monday, December 20, 2010 Unified Agenda

20
Timetable:

Action Date FR Cite

NPRM 12/13/2007 72 FR 70988 

NPRM Comment Period End 02/11/2008 

Interim Final Rule 07/16/2010 75 FR 41600 

Interim Final Rule Comment Period End 08/30/2010 

Final Action 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kristen Zarenko 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB35

 View Related Documents

Title: Statutory Exemption for Provision of Investment Advice

Abstract: Section 601 of the Pension Protection Act (Pub. L. 109-280) amended ERISA by adding new section 408(b)(14)

and 408(g). Section 408(b)(14) is a prohibited transaction exemption that permits the provision of investment advice to

participants or beneficiaries of certain individual account plans if the investment advice is provided under an "eligible investment

advice arrangement," as defined in section 408(g). In order to qualify as an “eligible investment advice arrangement,” the

arrangement must either provide that any fees received by the adviser do not vary depending on the basis of any investment

options selected, or use a computer model under an investment advice program that meets the criteria set forth in section

408(g) in connection with the provision of investment advice. Further, with respect to both types of advice arrangements, the

investment adviser must disclose to advice recipients all fees that the adviser or any affiliate is to receive in connection with the

advice. Section 408(g) requires that the computer model which serves as the basis for an eligible investment advice

arrangement be certified by an "eligible investment expert" in accordance with rules prescribed by the Secretary of Labor.

Section 408(g) also directs the Secretary of Labor to issue a model form for the required disclosure of fees.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1108(g); 29 USC 1135; PL 109-280, sec 601(a); Pension Protection Act of 2006; ERISA sec

408(g); ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2010 75 FR 9360 

NPRM Comment Period End 05/05/2010 

Final Action 05/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1210-AB13

Agency Contact: Fred Wong 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

Regulations.gov Monday, December 20, 2010 Unified Agenda

21
200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB41

 View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the

Patient Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (PPACA) amended title I of ERISA, by adding a new

section 715 which encompasses various health reform provisions of the Public Health Service Act (PHS Act). These regulations

provide guidance on the extension of dependent coverage for children to age 26 under PHS Act 2714. As mentioned in the

previous request, RIN 1210-AB41 was split into additional RINs due to the breadth of issues covered.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/13/2010 75 FR 27121 

Interim Final Rule Comment Period End 08/11/2010 

Reviewing Comments 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Related Agencies: Joint : CMS; Joint : IRS

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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB44

 View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient

Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These

regulations provide guidance on the rules relating to coverage of preventive services without cost sharing under the Affordable

Care Act. As mentioned in previous requests, RIN 1210-AB41 was split into additional RINs due to the breadth of issues

covered and this is the fourth request in a series relating to the Affordable Care Act.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Regulations.gov Monday, December 20, 2010 Unified Agenda

22
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 07/19/2010 75 FR 41726 

Interim Final Rule Effective 09/17/2010 

Interim Final Rule Comment Period End 09/17/2010 

Reviewing Comments 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Related Agencies: Joint : HHS; Joint : IRS

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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB49

 View Related Documents

Title: Prohibited Transaction Exemption Procedures

Abstract: This rulemaking will amend and supersede the current rule of procedure that governs the filing and processing of

applications for administrative exemptions from the prohibited transaction provisions of Title I of the Employee Retirement

Income Security Act of 1974, the Internal Revenue Code of 1986, and the Federal Employees’ Retirement System Act of 1986.

This amendment will promote transparency and facilitate the efficient consideration of exemption applications by providing plan

participants with a clearer understanding of the exemption under consideration, by clarifying the types of information and

documentation generally required for a complete filing, and by affording expanded opportunities for the electronic submission of

information and comments relating to an exemption application. In August 2010, an NPRM was published for this item under

RIN 1210-AA98 (75 FR 53172).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 2570.30 to 2570.52 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; 29 USC 1108(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2010 75 FR 53172 

NPRM Comment Period End 10/14/2010 

Final Action 11/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1210-AA98

Agency Contact: Mark W. Judge 

Office of Exemption Determinations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., N-5700

Washington , DC 20210 

Phone: 202 693-8550 

Regulations.gov Monday, December 20, 2010 Unified Agenda

23
Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB30

 View Related Documents

Title: Mental Health Parity and Addiction Equity Act

Abstract: Pursuant to ERISA section 712, as amended by the Paul Wellstone and Pete Domenici Mental Health Parity and

Addiction Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) enacted on October 8, 2008, the Department is developing

regulatory guidance.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1185a

Legal Deadline: 

 Action Source Description Date

Other Statutory as per MHPAEA section 512(d) 10/08/2009 

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Request for Information 04/28/2009 74 FR 19155 

Request for Information Comment Period End 05/28/2009 

Interim Final Rule 02/02/2010 75 FR 5410 

Interim Final Rule Effective 04/05/2010 

Interim Final Rule Comment Period End 05/03/2010 

Additional Information: On February 2, 2010, the Departments of Labor, Health and Human Services, and the Treasury

published an interim final rule implementing MHPAEA. However, the provisions of the increased cost exemption under section

712(c)(2) were reserved and not addressed. The next action planned is an NPRM that will propose rules governing this

exemption.

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Related to 0938-AP65; Related to 1545-BJ05 Related Agencies: Joint: CMS; Joint: IRS

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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB42

 View Related Documents

Title: Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the

Patient Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These

regulations provide guidance on the rules for maintaining grandfathered health plan status under section 1251 of the Affordable

Care Act. As mentioned in the previous request, RIN 1210-AB41 was split into additional RINs due to the breadth of issues

covered.

Regulations.gov Monday, December 20, 2010 Unified Agenda

24
Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Interim Final Rule 06/17/2010 75 FR 34538 

Interim Final Rule Comment Period End 08/16/2010 

Interim Final Rule Amendment Effective 11/15/2010 75 FR 70114 

Interim Final Rule Effective--Amendment 11/15/2010 

Interim Final Rule--Amendment 11/17/2010 75 FR 70114 

Interim Final Rule Comment Period End--Amendment 12/17/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB43

 View Related Documents

Title: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions and Patient Protections Under the Affordable

Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act (PHS Act).

These regulations provide guidance on the rules prohibiting preexisting condition exclusions and other discrimination based on

health status (PHS Act section 2704); prohibition of lifetime and annual income limits (PHS section 2711); the prohibition of

rescissions of health coverage after coverage begins (PHS Act section 2712); prohibition on discrimination in favor of highly

compensated individuals (PHS section 2716); and patient protections (PHS Act section 2719A). As mentioned in the previous

request, RIN 1210-AB41 was split into additional RINS due to the breadth of issues covered and this is the third request in a

series relating to the Affordable Care Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Interim Final Rule 06/28/2010 75 FR 37188 

Interim Final Rule Comment Period End 08/27/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Related Agencies: Joint : HHS; Joint : IRS

Regulations.gov Monday, December 20, 2010 Unified Agenda

25
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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB45

 View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Internal and External Appeals Processes Under the

Patient Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by

adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These

regulations provide guidance on the rules relating to internal and external appeals processes under the Affordable Care Act. As

mentioned in previous requests, RIN 1210-AB41 was split into additional RINs due to the breadth of issues covered and this is

the fifth request in a series relating to the Affordable Care Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 00/00/0000 

Interim Final Rule 08/26/2010 75 FR 52597 

Interim Final Rule Effective 09/01/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Related Agencies: Joint : OCIIO; Joint : IRS

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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB47

 View Related Documents

Title: Amendment of Abandoned Plan Program

Abstract: On April 21, 2001, the Department published a package of regulations, collectively entitled Termination of

Abandoned Individual Account Plans, which facilitate the termination of, and distribution of benefits from, individual account

pension plans that have been abandoned by their sponsoring employers. See 71 FR 20820. This rulemaking will examine

whether, and how, to amend those regulations by expanding the scope of individuals entitled to be a “qualified termination

administrator” (QTA). Under the Termination of Abandoned Individual Account Plans regulations, only a QTA is authorized to

determine whether an individual account plan is abandoned and to carry out related activities necessary to the termination and

Regulations.gov Monday, December 20, 2010 Unified Agenda

26
winding up of the plan’s affairs.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Jeffrey J. Turner 

Chief, Division of Regulations, 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 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AA54

 View Related Documents

Title: Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the Health Insurance

Portability and Accountability Act of 1996

Abstract: This item is being withdrawn. Next steps and timing are being evaluated in light of Affordable Care Act

implementation activities.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2590 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171 to 1172; 29 USC 1191c

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/08/1997 62 FR 16894 

Interim Final Rule Effective 06/07/1997 

Interim Final Rule Comment Period End 07/07/1997 

Request for Information 10/25/1999 64 FR 57520 

Comment Period End 01/25/2000 

Request for Information 12/30/2004 69 FR 78825 

NPRM 12/30/2004 69 FR 78800 

Final Rule 12/30/2004 69 FR 78720 

Final Action Effective 02/28/2005 

Request for Information Comment Period End 03/30/2005 

NPRM Comment Period End 03/30/2005 

Withdrawn 10/27/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Regulations.gov Monday, December 20, 2010 Unified Agenda

27
Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB07

 View Related Documents

Title: Improved Fee Disclosure for Pension Plan Participants

Abstract: This rulemaking will ensure that the participants and beneficiaries in participant-directed individual account plans

are provided the information they need, including information about fees and expenses, to make informed investment decisions.

The rulemaking may include amendments to the regulation governing ERISA section 404(c) plans (29 CFR 2550.404c-1). The

rulemaking is needed to clarify and improve the information currently required to be furnished to participants and beneficiaries.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1104; 29 USC 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 04/25/2007 72 FR 20457 

Comment Period End 07/24/2007 

NPRM 07/23/2008 73 FR 43014 

NPRM Comment Period End 09/08/2008 

Final Action 10/20/2010 75 FR 64910 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Michael Del Conte 

Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. Room N-5655

Washington , DC 20210 

Phone: 202 693-8500 

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB15

 View Related Documents

Title: Time and Order of Issuance of Domestic Relations Orders

Abstract: Section 1001 of the Pension Protection Act of 2006, requires the Secretary of Labor to issue, not later than 1 year

after the date of enactment, regulations clarifying certain issues relating to the timing and order of domestic relations orders

under section 206(d)(3) of the Employee Retirement Income Security Act (ERISA). This rule will provide guidance to plan

administrators, service providers, participants, and alternate payees on the qualified domestic relations order requirements

under ERISA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2530.206 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Monday, December 20, 2010 Unified Agenda

28
Legal Authority: 29 USC 1056; ERISA sec 206(d)(3); PL 109-280, sec 1001, Pension Protection Act of 2006; 29 USC

1135; ERISA sec 505

Legal Deadline: 

 Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

Interim Final Rule 03/07/2007 72 FR 10070 

Interim Final Rule Effective 04/06/2007 

Interim Final Rule Comment Period End 05/07/2007 

Final Action 06/10/2010 75 FR 32846 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Susan Elizabeth Rees 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Phone: 202 693-8505 

FAX: 202 219-1791

E-Mail: rees.susan@dol.gov

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB34

 View Related Documents

Title: Definition of "Welfare Plan"

Abstract: Department of Labor regulation 29 CFR 2510.3-1 clarifies the definition of the terms "employee welfare benefit

plan" and "welfare plan" for purposes of title I of the Employee Retirement Income Security Act of 1974 (ERISA) by identifying

certain practices, which do not constitute employee welfare benefit plans. This rulemaking would amend that regulation to clarify

the circumstances under which health care arrangements established or maintained by State or local governments for the

benefit of nongovernmental employees do not constitute an employee welfare benefit plan for purposes of section 3(1) of

ERISA and 29 CFR 2510.3-1. A draft proposed regulation was submitted to OMB for review before the enactment of the Patient

Protection Affordable Care Act. The Department decided to review whether and to what extent further regulation in this area is

necessary or appropriate in light of this comprehensive health care reform legislation. The Department requested that OMB

return the NPRM to the Department for further review and consideration.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 09/17/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Chief, Division of Regulations, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5655

Washington , DC 20210 

Regulations.gov Monday, December 20, 2010 Unified Agenda

29
Phone: 202 693-8500 

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB36

 View Related Documents

Title: Genetic Information Nondiscrimination; Penalties for Noncompliance

Abstract: This item is being withdrawn. Next steps and timing are being evaluated in light of Affordable Care Act

implementation activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1182 and 1191b(d); 29 USC 1132 and 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/27/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

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

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB40

 View Related Documents

Title: Children's Health Insurance Program: Notice Requirements for Employers

Abstract: This item is being withdrawn. Next steps and timing are being evaluated in light of Affordable Care Act

implementation activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1135 and 1181

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/27/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: Undetermined

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Regulations.gov Monday, December 20, 2010 Unified Agenda

30
Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653

Washington , DC 20210 

Phone: 202 693-8335 

FAX: 202 219-1942

Department of Labor (DOL) 

Employment Standards Administration ( ESA ) RIN: 1215-AB69

 View Related Documents

Title: Nondisplacement of Qualified Workers Under Service Contracts

Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of Qualified Workers Under Service Contracts,

establishes the policy that Federal service contracts generally include a clause requiring the contractor and its subcontractors,

under a contract that succeeds a contract for the same or similar service at the same location, to offer qualified employees

(except managerial and supervisory personnel) employed on the predecessor contract a right of first refusal to employment

under the successor contract. The order assigns enforcement responsibility to the Secretary of Labor and directs the Secretary,

in consultation with the Federal Acquisition Regulatory Council, to issue regulations to implement the order.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 9 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13495, sec 4 to 6; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

Transferred to 1235-AA02 09/28/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Timothy Helm 

Government Contracts Branch Chief, Division of Enforcement Policy

Department of Labor

Employment Standards Administration

Room S-3502, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-0064 

FAX: 202 693-1387

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB76

 View Related Documents

Title: Occupational Exposure to Beryllium

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the United Steel Workers

(formerly the Paper Allied-Industrial, 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 is currently conducting a scientific peer review of its draft risk assessment, which

is scheduled to be completed in November 2010. Additionally, an economic peer review is scheduled to be completed in May

2011.

Regulations.gov Monday, December 20, 2010 Unified Agenda

31
Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 11/26/2002 67 FR 70707 

SBREFA Report Completed 01/23/2008 

Initiated Peer Review of Health Effects and Risk Assessment 03/22/2010 

Complete Peer Review 11/19/2010 

Complete Economic Peer Review 05/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC33

 View Related Documents

Title: Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes

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. OSHA denied the petition on September

25, 2007, but has initiated 6(b) rulemaking. Evidence from NIOSH and other sources indicated that employee exposure to

diacetyl and food flavorings containing diacetyl is associated with bronchiolitis obliterans, a debilitating and potentially fatal

disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn

industry and in food flavoring manufacturing plants. Experimental evidence has shown that inhalation exposure to artificial butter

flavoring vapors and diacetyl damaged tissue lining the nose and airways of rats and mice. 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. The occurrence of severe lung disease among workers in workplaces where diacetyl is

manufactured and used has led some manufacturers to reduce or eliminate the amount of diacetyl in some kinds of flavorings,

foods, and beverages. They have begun to use substitutes such as 2,3-pentanedione. These substitutes, some of which are

structurally similar to diacetyl, have not been well-studied and there is growing concern that they also pose health risks for

workers. Research on 2,3-pentanedione conducted by NIOSH and NIEHS suggests that, in rats, 2,3-pentanedione causes

airway damage similar to that produced by diacetyl. NIOSH is currently developing a criteria document on occupational

exposure to diacetyl. The criteria document will also address exposure to 2,3-pentanedione. 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.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Monday, December 20, 2010 Unified Agenda

32
Legal Authority: 29 USC 655(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meeting 10/17/2007 72 FR 54619 

ANPRM 01/21/2009 74 FR 3937 

ANPRM Withdrawn 03/17/2009 74 FR 11329 

ANPRM Comment Period End 04/21/2009 

Completed SBREFA Report 07/02/2009 

Initiate Peer Review of Health Effects and Risk Assessment 04/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC34

 View Related Documents

Title: Bloodborne Pathogens

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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1030 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 533; 5 USC 610; 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Begin Review 10/22/2009 

Request for Comments Published 05/14/2010 75 FR 27237 

Comment Period End 08/12/2010 

Analyze Comments 05/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: John Smith 

Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3641

Washington , DC 20210 

Phone: 202 693-2400 

FAX: 202 693-1641

Regulations.gov Monday, December 20, 2010 Unified Agenda

33
E-Mail: smith.john@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC46

 View Related Documents

Title: Infectious Diseases

Abstract: Employees in health care and other high-risk environments face long-standing infectious diseases hazards such as

tuberculosis (TB), varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious

disease threats, such as Severe Acute Respiratory Syndrome (SARS) 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, MRSA, and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is concerned

about the ability of employees to continue to provide health care and other critical services without unreasonably jeopardizing

their health. OSHA is considering the need for a standard to ensure that employers establish a comprehensive infection control

program and control 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. OSHA published an RFI on

May 6, 2010, the comment period closed on August 4, 2010. OSHA is currently analyzing the comments submitted by

stakeholders.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669; 29 USC 673; ...

Legal Deadline: None

Regulatory Plan:

Statement of Need: In 2007, the healthcare and social assistance sector as a whole had 16.5 million employees.

Healthcare workplaces can range from small private practices of physicians to hospitals that employ thousands of workers. In

addition, healthcare is increasingly being provided in other settings such as nursing homes, free-standing surgical and

outpatient centers, emergency care clinics, patients’ homes, and prehospitalization emergency care settings. The Agency is

particularly concerned by studies that indicate that transmission of infectious diseases to both patients and healthcare workers

may be occurring as a result of incomplete adherence to recognized, but voluntary, infection control measures. Another concern

is the movement of healthcare delivery from the traditional hospital setting, with its greater infrastructure and resources to

effectively implement infection control measures, into more diverse and smaller workplace setting with less infrastructure and

fewer resources, but with an expanding worker population.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory

occupational safety and health standards to assure safe and healthful working conditions for working men and women (29

U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite

Request for Information (RFI) 05/06/2010 75 FR 24835 

RFI Comment Period End 08/04/2010 

Analyze Comments 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Regulations.gov Monday, December 20, 2010 Unified Agenda

34
Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3718

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC48

 View Related Documents

Title: Injury and Illness Prevention Program

Abstract: OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves

planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. OSHA has

substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes. The

Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904-3916), published in 1989. An

injury and illness prevention rule would build on these guidelines as well as lessons learned from successful approaches and

best practices under OSHA's Voluntary Protection Program Safety and Health Achievement Recognition Program and similar

industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10

and Occupational Health and Safety Assessment Series 18001. Twelve States have similar rules.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 653; 29 USC 655(b); 29 USC 657

Legal Deadline: None

Regulatory Plan:

Statement of Need: There are approximately 5,000 workplace fatalities and approximately 3.5 million serious workplace

injuries every year. There are also many workplace illnesses caused by exposure to common chemical, physical, and biological

agents. OSHA believes that an injury and illness prevention program is a universal intervention that can be used in a wide

spectrum of workplaces to dramatically reduce the number and severity of workplace injuries. Such programs have been shown

to be effective in many workplaces in the United States and internationally.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory

occupational safety and health standards to assure safe and healthful working conditions for working men and women (29

U.S.C. 651).

Alternatives: The alternatives to this rulemaking would be to issue guidance, recognition programs, or allow for the states to

develop individual regulations. OSHA has used voluntary approaches to address the need, including publishing Safety and

Health Program Management Guidelines in 1989. In addition, OSHA has two recognition programs, the Voluntary Protection

Program (known as VPP), and the Safety and Health Achievement Recognition Program (known as SHARP). These programs

recognize workplaces with effective safety and health programs. Several States have issued regulations that require employers

to establish effective safety and health programs.

Costs and Benefits: The scope of the proposed rulemaking and the costs and benefits are still under development for this

regulatory action.

Risks: A detailed risk analysis is underway.

Timetable:

Action Date FR Cite

Stakeholder Meetings 06/03/2010 

Initiate SBREFA 06/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined

Energy Affected: No

Agency Contact: Dorothy Dougherty 

Regulations.gov Monday, December 20, 2010 Unified Agenda

35
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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC51

 View Related Documents

Title: Reinforcing and Post-Tensioned Steel Construction

Abstract: Current rules regarding reinforcing steel and post-tensioning activities do not adequately address worker hazards

in work related to post-tensioning and reinforcing steel. Both are techniques for reinforcing concrete and are generally used in

commercial and industrial construction. OSHA currently has few rules which address the steel reinforcing and post-tensioning

fields directly. The few rules that do exist are found in Subpart Q – Concrete and Masonry Construction of 29 CFR 1926. The

use of reinforced steel and post-tensioned poured in place concrete in commercial and industrial construction is expected to

rise. Without adequate standards, the rate of accidents will likely rise as well. Currently, workers performing steel reinforcing

suffer injuries caused by unsafe material handling, structural collapse, and impalement by protruding reinforcing steel dowels,

among others. Employees involved in post-tensioning activities are at risk for accidents caused by the misuse of post-tensioning

equipment and improper training. OSHA IMIS data shows that more than 100 workers have died while performing work on or

near post-tensioning operations or reinforcing steel over the past 10 years and preliminary research indicates that several

hundred more workers are injured each year. The Occupational Safety and Health Administration (OSHA) is seeking public

comment on Post-tensioning and Reinforcing Steel from professionals who work in the post-tensioning and reinforcing steel

field and will consider rulemaking to prevent worker deaths and injuries related to these operations. By requesting information

from professionals who work in the reinforcing steel and post-tensioning fields and other members of the public, OSHA hopes to

determine whether a new rule is necessary, and, if so, what hazards need to be addressed.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Ben Bare 

Acting Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC52

 View Related Documents

Regulations.gov Monday, December 20, 2010 Unified Agenda

36
Title: Backing Operations

Abstract: NIOSH reports that half of the fatalities involving construction equipment occur while the equipment is backing.

Backing accidents cause 500 deaths and 15,000 injuries per year. Emerging technologies in the field of backing operations

include after market devices, such as camera, radar, and sonar, to help monitor the presence of workers on foot in blind areas,

and new monitoring technology, such as tag-based warning systems that use radio frequency (RFID) and magnetic field

generators on equipment to detect electronic tags worn by workers.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Regulatory Plan:

Statement of Need: A study by the Census of Fatal Occupational Injuries found that the most common primary sources of

injury to be trucks (45%), road grading and surfacing machinery (15%), and cars (15%). That same study showed that of the

465 vehicle and equipment-related fatalities within work zones, 318 workers on foot were struck by a vehicle. Incidents

involving backing vehicles were prominent among the worker-on-foot fatalities that occurred (51%). The primary injury sources

of fatalities of workers on foot struck by a construction vehicle were trucks (61%) and construction machines (30%). OSHA

believes that regulatory action is necessary to address risks associated with backup operations.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory

occupational safety and health standards to assure safe and healthful working conditions for working men and women (29

U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite

RFI 05/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: Ben Bare 

Acting Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB70

 View Related Documents

Title: Occupational Exposure to Crystalline Silica

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=10mg/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 50μg/m3 and 25μg/m3 exposure limits, respectively, for respirable

Regulations.gov Monday, December 20, 2010 Unified Agenda

37
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. The American Society for Testing and Materials

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. OSHA is currently developing a

NPRM.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit

the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b); 29 USC 657

Legal Deadline: None

Regulatory Plan:

Statement of Need: Workers are exposed to crystalline silica dust in general industry, construction, and maritime

industries. Industries that could be particularly affected by a standard for crystalline silica include: Foundries, industries that

have abrasive blasting operations, paint manufacture, glass and concrete product manufacture, brick making, china and pottery

manufacture, manufacture of plumbing fixtures, and many construction activities including highway repair, masonry, concrete

work, rock drilling, and tuckpointing. The seriousness of the health hazards associated with silica exposure is demonstrated by

the fatalities and disabling illnesses that continue to occur. In 2005, the most recent year for which data is available, silicosis

was identified on 161 death certificates as an underlying or contributing cause of death. It is likely that many more cases have

occurred where silicosis went undetected. In addition, the International Agency for Research on Cancer has designated

crystalline silica as carcinogenic to humans, and the National Toxicology Program has concluded that respirable crystalline

silica is a known human carcinogen. Exposure to crystalline silica has also been associated with an increased risk of developing

tuberculosis and other nonmalignant respiratory diseases, as well as renal and autoimmune diseases. Exposure studies and

OSHA enforcement data indicate that some workers continue to be exposed to levels of crystalline silica far in excess of current

exposure limits. Congress has included compensation of silicosis victims on Federal nuclear testing sites in the Energy

Employees' Occupational Illness Compensation Program Act of 2000. There is a particular need for the Agency to modernize its

exposure limits for construction and shipyard workers, and to address some specific issues that will need to be resolved to

propose a comprehensive standard.

Legal Basis: The legal basis for the proposed rule is a preliminary determination that workers are exposed to a significant

risk of silicosis and other serious disease and that rulemaking is needed to substantially reduce the risk. In addition, the

proposed rule will recognize that the PELs for construction and maritime are outdated and need to be revised to reflect current

sampling and analytical technologies.

Alternatives: Over the past several years, the Agency has attempted to address this problem through a variety of nonregulatory approaches, including initiation of a Special Emphasis Program on silica in October 1997, sponsorship with NIOSH

and MSHA of the National Conference to Eliminate Silicosis, and dissemination of guidance information on its Web site.

Costs and Benefits: The scope of the proposed rulemaking and estimates of the costs and benefits are still under

development.

Risks: A detailed risk analysis is under way.

Timetable:

Action Date FR Cite

Completed SBREFA Report 12/19/2003 

Initiated Peer Review of Health Effects and Risk Assessment 05/22/2009 

Completed Peer Review 01/24/2010 

NPRM 04/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: Yes

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

Regulations.gov Monday, December 20, 2010 Unified Agenda

38
E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB80

 View Related Documents

Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards and establishing requirements

for personal fall protection systems. Slips, trips, and falls are among the leading causes of work-related injuries and fatalities.

Since that time, new technologies and procedures have become available to protect employees from these hazards. The

Agency has been working to update these rules to reflect current technology. OSHA published a notice to re-open the

rulemaking for comment on May 2, 2003, because a number of issues were raised in the NPRM record. As a result of the

comments received on that notice, OSHA has determined that the rule proposed in 1990 is out-of-date and does not reflect

current industry practice or technology. The Agency published a second NPRM on May 24, 2010, which was modified to reflect

current information as well as reassess the impact. Hearings will be held in January 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subparts D and I (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/10/1990 55 FR 13360 

NPRM Comment Period End 08/22/1990 

Hearing 09/11/1990 55 FR 29224 

Reopen Record 05/02/2003 68 FR 23527 

Comment Period End 07/31/2003 

Second NPRM 05/24/2010 75 FR 28861 

Second NPRM Comment Period End 08/23/2010 

Notice of Informal Hearing 11/12/2010 75 FR 69369 

Public Hearing 01/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC41

 View Related Documents

Title: Combustible Dust

Abstract: OSHA has commenced rulemaking to develop a combustible dust standard for general industry. The U.S. Chemical

Safety Board (CSB) completed a study of combustible dust hazards in late 2006, which identified 281 combustible dust incidents

between 1980 and 2005 that killed 119 workers and injured another 718. Based on these findings, the CSB recommended the

Agency pursue a rulemaking on this issue. OSHA has previously addressed aspects of this risk. For example, on July 31, 2005,

OSHA published the Safety and Health Information Bulletin, "Combustible Dust in Industry: Preventing and Mitigating the

Regulations.gov Monday, December 20, 2010 Unified Agenda

39
Effects of Fire and Explosions." Additionally, OSHA implemented a Combustible Dust National Emphasis Program (NEP) March

11, 2008. However, the Agency does not have a comprehensive standard that addresses combustible dust hazards. OSHA will

use the information gathered from the NEP to assist in the development of this rule. OSHA published an ANPRM October 21,

2009. Additionally, stakeholder meetings were held in Washington, DC on December 14, 2009, in Atlanta, GA on February 17,

2010, and in Chicago, IL on April 21, 2010. A webchat for combustible dust was also held on June 28, 2010. The next step in

this rulemaking will be to initiate SBREFA in April 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subpart H (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 6559(b); 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/21/2009 74 FR 54333 

Stakeholder Meetings 12/14/2009 

ANPRM Comment Period End 01/19/2010 

Stakeholder Meetings 02/17/2010 

Stakeholders Meetings 03/09/2010 75 FR 10739 

Initiate SBREFA 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC49

 View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System

Abstract: OSHA is proposing changes to its reporting system for occupational injuries and illnesses. An updated and

modernized reporting system would enable a more efficient and timely collection of data and would improve the accuracy and

availability of the relevant records and statistics. This proposal involves modification to 29 CFR part 1904.41 to expand OSHA's

legal authority to collect and make available injury and illness information required under part 1904.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 657

Legal Deadline: None

Regulatory Plan:

Statement of Need: The collection of establishment specific injury and illness data in electronic format on a timely basis is

needed to help OSHA, employers, employees, researchers, and the public more effectively prevent workplace injuries and

illnesses, as well as support President Obama's Open Government Initiative to increase the ability of the public to easily find,

download, and use the resulting dataset generated and held by the Federal Government.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to develop and maintain an

Regulations.gov Monday, December 20, 2010 Unified Agenda

40
effective program of collection, compilation, and analysis of occupational safety and health statistics (29 U.S.C. 673).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite

Stakeholder Meetings 05/25/2010 75 FR 24505 

Comment Period End 06/18/2010 75 FR 24505 

NPRM 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: 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

E-Mail: goddard.keith@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC50

 View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

Abstract: This proposal involves changes to two aspects of the OSHA recordkeeping and reporting requirements. First,

OSHA is proposing to update appendix A to subpart B of part 1904. This appendix contains a list of industries that are partially

exempt from the requirements to maintain a log of occupational injuries and illnesses, generally due to their relatively low rates

of occupational injury and illness. The current list of industries is based on the Standard Industrial Classification (SIC) system. In

1997, an newer system, the North American Industry Classification System (NAICS), was introduced to classify establishments

by industry. The proposed rule would update appendix A by replacing it with a list of industries based on the NAICS and based

on more recent occupational injury and illness rates. Second, OSHA is proposing to revise the reporting requirements regarding

the obligations of employers to report to OSHA the occurrence of fatalities and certain injuries. The existing regulations require

employers to report to OSHA within 8 hours any work-related incident resulting in the death of an employee or the in-patient

hospitalization of three or more employees.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: 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 

Regulations.gov Monday, December 20, 2010 Unified Agenda

41
Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: goddard.keith@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB47

 View Related Documents

Title: Confined Spaces in Construction

Abstract: In January 1993, OSHA issued a general industry rule to protect employees who enter confined spaces (29 CFR

1910.146). This standard does not apply to the construction industry because of differences in the nature of the worksite in the

construction industry. In discussions with the United Steel Workers of America on a settlement agreement for the general

industry standard, OSHA agreed to issue a proposed rule to extend confined-space protection to construction workers

appropriate to their work environment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926.36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b); 40 USC 333

Legal Deadline: None

Timetable:

Action Date FR Cite

SBREFA Panel Report 11/24/2003 

NPRM 11/28/2007 72 FR 67351 

NPRM Comment Period End 01/28/2008 

NPRM Comment Period Extended 02/28/2008 73 FR 3893 

Public Hearing 07/22/2008 

Close Record 10/23/2008 

Final Action 11/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Ben Bare 

Acting Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB50

 View Related Documents

Title: General Working Conditions for Shipyard Employment

Abstract: During the 1980s, OSHA initiated a project to update and consolidate the various OSHA shipyard standards that

were applied in the shipbuilding, ship repair, and shipbreaking industries. The operations addressed in this rulemaking relate to

general working conditions such as housekeeping, illumination, sanitation, first aid, and lockout/tagout. An estimated 100,000

workers are potentially exposed to these hazards each year. The proposed rule was published December 20, 2007, and public

hearings were held in 2008. OSHA anticipates publishing a final rule in January 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1915, subpart F (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Monday, December 20, 2010 Unified Agenda

42
Legal Authority: 29 USC 655(b); 33 USC 941

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/20/2007 72 FR 72451 

NPRM Comment Period End 03/19/2008 

Public Hearings Held--September 9-10, 2008 06/30/2008 73 FR 36823 

Public Hearings Held--October 21-22, 2008 09/19/2008 73 FR 54340 

Public Hearing Comment Period End 02/20/2009 

Analyze Record 07/31/2009 

Final Rule 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB67

 View Related Documents

Title: Electric Power Transmission and Distribution; Electrical Protective Equipment

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 in 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 February 2010. OSHA anticipates publishing

a final rule in May 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910.136 to 1910.137; 29 CFR 1910.269; 29 CFR 1926, subpart V; 29 CFR 1926.97 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b); 40 USC 333

Legal Deadline: None

Timetable:

Action Date FR Cite

SBREFA Report 06/30/2003 

NPRM 06/15/2005 70 FR 34821 

NPRM Comment Period End 10/13/2005 

Public Hearing To Be Held 03/06/2006 10/12/2005 70 FR 59290 

Regulations.gov Monday, December 20, 2010 Unified Agenda

43
Comment Period Extended to 01/11/2006 10/12/2005 70 FR 59290 

Posthearing Comment Period End 07/14/2006 

Reopen Record 10/22/2008 73 FR 62942 

Comment Period End 11/21/2008 

Close Record 11/21/2008 

Second Reopening Record 09/14/2009 74 FR 46958 

Comment Period End 10/15/2009 

Public Hearings 10/28/2009 

Posthearing Comment Period End 02/10/2010 

Final Rule 05/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC19

 View Related Documents

Title: Standards Improvement Project (SIP III)

Abstract: OSHA is continuing its efforts to remove or revise duplicative, unnecessary, and inconsistent safety and health

standards. This effort builds upon the success of the Standards Improvement Project (SIP) Phase I published on June 18, 1998

(63 FR 33450), and Phase II published on January 5, 2005 (70 FR 1111). The Agency believes that such changes can reduce

compliance costs and reduce the paperwork burden associated with a number of its standards. The Agency will only consider

such changes if they do not diminish employee protections. To initiate the project, OSHA published an advance notice of

proposed rulemaking (ANPRM) on December 21, 2006, to solicit input from the public on rules that may be addressed in Phase

III of SIP. The Agency plans to include both safety and health topics in Phase III. OSHA published a NPRM on July 2, 2010.

The comment period closed on September 30, 2010. The next action for this rulemaking is to publish the final rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/21/2006 71 FR 76623 

ANPRM Comment Period End 02/20/2007 

Analyze Record 04/30/2007 

NPRM 07/02/2010 75 FR 38646 

NPRM Comment Period End 09/30/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

Regulations.gov Monday, December 20, 2010 Unified Agenda

44
200 Constitution Avenue NW. FP Building Room N-3718

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC20

 View Related Documents

Title: Hazard Communication

Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the

hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and

associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are

required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and

training for employees. Within the United States (U.S.), there are other Federal agencies that also have requirements for

classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that

have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These

laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g.,

specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are

substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in

different nations. The diverse and sometimes conflicting national and international requirements can create confusion among

those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are

unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important

statements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major compliance

burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have

particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the

extensive international trade in chemicals, there has been a long-standing effort to harmonize these requirements and develop a

system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of

Classification and Labeling of Chemicals (GHS). Countries are now adopting the GHS into their national regulatory systems.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b); 29 USC 657

Legal Deadline: None

Regulatory Plan:

Statement of Need: Multiple sets of requirements for labels and safety data sheets present a compliance burden for U.S.

manufacturers, distributors, and transports involved in international trade. The comprehensibility of hazard information and

worker safety will be enhanced as the GHS will: (1) Provide consistent information and definitions for hazardous chemicals; (2)

address stakeholder concerns regarding the need for a standardized format for material safety data sheets; and (3) increase

understanding by using standardized pictograms and harmonized hazard statements. The increase in comprehensibility and

consistency will reduce confusion and thus improve worker safety and health. In addition, the adoption of the GHS would

facilitate international trade in chemicals, reduce the burdens caused by having to comply with differing requirements for the

same product, and allow companies that have not had the resources to deal with those burdens to be involved in international

trade. This is particularly important for small producers who may be precluded currently from international trade because of the

compliance resources required to address the extensive regulatory requirements for classification and labeling of chemicals.

Thus every producer is likely to experience some benefits from domestic harmonization, in addition to the benefits that will

accrue to producers involved in international trade. Several nations, including the European Union, have adopted the GHS with

an implementation schedule through 2015. U.S. manufacturers, employers, and employees will be at a disadvantage in the

event that our system of hazard communication is not in compliance with the GHS.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory

occupational safety and health standards to assure safe and healthful working conditions for working men and women (29

U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Regulations.gov Monday, December 20, 2010 Unified Agenda

45
Risks: OSHA's risk analysis is under development.

Timetable:

Action Date FR Cite

ANPRM 09/12/2006 71 FR 53617 

ANPRM Comment Period End 11/13/2006 

Complete Peer Review of Economic Analysis 11/19/2007 

NPRM 09/30/2009 74 FR 50279 

NPRM Comment Period End 12/29/2009 

Hearing 03/02/2010 

Hearing 03/31/2010 

Post Hearing Comment Period End 06/01/2010 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: Yes

Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC25

 View Related Documents

Title: Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes

Abstract: Section 629, the employee protection provision of the Energy Policy Act of 2005, amended the Energy

Reorganization Act of 1978 (ERA), 42 U.S.C. section 5851. The amendments add Department of Energy and Nuclear

Regulatory Commission employees to the employees covered under the Act, as are contractors and subcontractors of the

Commission. In addition, Congress added a "kick-out" provision allowing the complainant to remove the complaint to District

Court if the Secretary of Labor has not issued a final decision within a year of the filing of the complaint. These are significant

changes to the ERA, necessitating immediate revision of the regulations, 29 CFR part 24, Procedures for the Handling of

Discrimination Complaints under Federal Employee Protection Statutes, which governs whistleblower investigations under the

Energy Reorganization Act of 1978 as well as under six EPA statutes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 24 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 2622; 33 USC 1367; 42 USC 300j-9(i); 42 USC 5851; 42 USC 6971; 42 USC 7622; 42 USC

9610

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/10/2007 72 FR 44956 

Interim Final Rule Comment Period End 10/09/2007 

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Regulations.gov Monday, December 20, 2010 Unified Agenda

46
Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC27

 View Related Documents

Title: Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach

Abstract: OSHA is proposing to adjust the methodology it uses to establish the fees that the Agency charges for the services

it provides to Nationally Recognized Testing Laboratories (NRTLs). A number of OSHA standards require that certain products

and equipment used in the workplace be tested and certified by an organization that has been recognized by OSHA. OSHA

requires NRTL applicants to provide detailed and comprehensive information about their programs, processes, and procedures

in writing when they apply. OSHA reviews the written information and conducts an on-site assessment to determine whether the

organization meets the requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL applies for expansion or

renewal of its recognition. In addition, the Agency conducts annual audits to ensure that the recognized laboratories maintain

their programs and continue to meet the recognition requirements. In 2000, OSHA began charging NRTLs for the services it

provides them. The services are processing of NRTL applications and audits of NRTL operations, and they define the

fundamental functions of the NRTL Program. OSHA has determined that its current NRTL fee schedule does not recoup the full

costs of the services performed because it does not recover certain indirect costs of those services. These indirect costs stem

from attendant activities and accrue to the benefit of those services. OSHA’s proposed fee schedule would account for these

indirect costs. In determining the revised fee structure, OSHA will follow the guidelines established by the Office of Management

and Budget in Circular Number A-25. The proposed schedule will require prepayment of all the fees, which complies with the

circular and changes the timing of the payment of many of the fees. OSHA is currently approving the final rule.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.7(f) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/07/2009 74 FR 64027 

NPRM Comment Period End 01/21/2010 

Final Action 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan 

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3655

Washington , DC 20210 

Phone: 202 693-2110 

FAX: 202 693-1644

E-Mail: garrahan.maryann@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC32

 View Related Documents

Regulations.gov Monday, December 20, 2010 Unified Agenda

47
Title: Cooperative Agreements

Abstract: OSHA proposes to revise its regulations for the federally funded On-site Consultation Program to: a) Clarify the

ability of the Assistant Secretary to define sites which would receive inspections regardless of Safety and Health Achievement

Recognition Program (SHARP) exemption status; b) allow Compliance Safety and Health Officers to proceed with enforcement

visits resulting from referrals at sites undergoing Consultation visits and at sites that have been awarded SHARP status; and c)

limit the deletion period from OSHA's programmed inspection schedule for those employers participating in the SHARP program.

Note: SHARP is a recognition program that OSHA administers to provide incentives and support for small employers to develop,

implement, and continuously improve effective safety and health programs at their worksites.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1908 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 656 and 657; 29 USC 670

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/03/2010 75 FR 54064 

NPRM Comment Period End 11/02/2010 

Final Action 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Steven F. Witt 

Director, Directorate of Cooperative and State Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. Room N-3700, FP Building

Washington , DC 20210 

Phone: 202 693-2200 

FAX: 202 693-1671

E-Mail: witt.steven@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC36

 View Related Documents

Title: Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act of 2007;

Surface Transportation Assistance Act of 1982, as Amended; and Federal Railroad Safety

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act amended the Federal Rail Safety

Act (FRSA), to give OSHA responsibility for administering the whistleblower protection provision of FRSA, which provides

protections from retaliation to employees working for railroad carriers and their contractors and subcontractors who report

potential violations or engage in certain activities related to safety and security. OSHA will implement procedures for the

handling and investigation of retaliation complaints pursuant to section 1413 of the Implementing Recommendations of the 9/11

Commission Act of 2007. Section 1413, known as the National Transit Systems Security Act (NTSSA), included a new

whistleblower protection provision to be administered by OSHA that provides protection from retaliation to employees of public

transportation agencies and their contractors and subcontractors who report potential violations or engage in certain activities

related to safety and security. OSHA will amend 29 CFR 1978, the procedures applicable to the handling and investigation of

whistleblower complaints under the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105, to implement statutory

changes enacted by Congress under section 1536 of the Implementing Recommendations of the 9/11 Commission Act of 2007,

and to provide other procedural updates as needed. The statute provides retaliation protection to employees working for

commercial motor carriers who report potential violations or engage in certain activities related to safety and security. Pursuant

to these statutes, the rules will set forth the procedures for handling and investigating retaliation complaints, including a statutory

"kick-out" provision allowing the complainant to file the complaint in District Court if the Secretary of Labor has not issued a final

decision within 210 days of the filing of the complaint. Immediate implementation of these regulations is necessitated to govern

whistleblower investigations conducted under the new and revised statutes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

Regulations.gov Monday, December 20, 2010 Unified Agenda

48
CFR Citation: 29 CFR 1982; 29 CFR 1978 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-53, sec 1521, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC

20109; PL 110-53, sec 1413, The Implementing Recommendations of the 9/11 Commission Act of 2007; 6 USC 1142; PL 110-

53, sec 1536, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 31105

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/31/2010 

Interim Final Rule 08/31/2010 75 FR 53522 

Interim Final Rule Comment Period End 11/01/2010 

Final Action 11/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC45

 View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

Abstract: The Occupational Safety and Health Administration (OSHA) issued a final rule on Occupational Injury and Illness

Recording and Reporting Requirements (66 FR 5916, Jan. 19, 2001), that became effective January 1, 2002. After a regulatory

review, the Agency determined that two provisions of the final rule would be delayed and reconsidered; the recording of

occupational hearing loss (1904.10) and recording work-related musculoskeletal disorders (WMSDs) (1904.12) (66 FR 35113,

Jul. 3, 2001). Subsequently, OSHA issued a final 1904.10 regulation setting recording criteria for occupational hearing loss (67

FR 44037, Jul. 1, 2002). Following notice and comment, OSHA published another final rule to remove the WMSD column from

the regulation and the accompanying definition used to check the column on the OSHA 300 Log of Work-Related Injuries and

Illness (68 FR 38601, Jun. 30, 2003). OSHA has reconsidered the need for a 300 Log column for WMSD, and for defining

"musculoskeletal disorders" for checking the column. The Agency believes that having aggregate data on WMSDs may help

employers and workers track these injuries at individual workplaces, and that the Nation’s occupational injury and illness

information may benefit from improved statistics on WMSD. Improved WMSD information might also assist the Agency in its

day-to-day activities and overall safety and health policymaking.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/29/2010 75 FR 4728 

NPRM Comment Period End 03/09/2010 75 FR 10738 

Public Meeting 03/09/2010 

Extension of Comment Period End 03/30/2010 

Final Action 02/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No

Regulations.gov Monday, December 20, 2010 Unified Agenda

49
Energy Affected: No

Agency Contact: Dorothy Dougherty 

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 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC47

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer

Product Safety Improvement Act (CPSIA) of 2008

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to Section

219 of the Consumer Product Safety Improvement Act of 2008. This section established a new whistleblower protection statute

to be administered by OSHA that provides protection from retaliation to employees in the consumer product industry, including

employees of manufacturers, importers, private labelers, distributors and retailers, who report reasonably believed violations of

the Consumer Product Safety Act or any other Act enforced by the Consumer Product Safety Commission, or any order, rule,

regulation, standard, or ban under those Acts. Pursuant to the statute, the procedures will include remedies and legal burdens

of proof provisions. Additionally, the Act includes a "kick-out" provision that allows the complainant to file the complaint in

District Court if the Secretary has not issued a final determination within 210 days, or within 90 days after receiving a written

determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new

statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1983 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-314, sec 219, the Consumer Product Safety Improvement Act of 2008; 15 USC 2087

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/31/2010 

Interim Final Rule 08/31/2010 75 FR 53533 

Interim Final Rule Comment Period End 11/01/2010 

Final Action 11/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC53

 View Related Documents

Regulations.gov Monday, December 20, 2010 Unified Agenda

50
Title: Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud

Accountability Act of 2002, As Amended

Abstract: OSHA is proposing to amend 29 CFR 1980, the procedures applicable to the handling and investigation of

whistleblower complaints under the Corporate and Criminal Fraud Accountability Act, title VIII of the Sarbanes-Oxley Act, 18

U.S.C. 1514A (SOX), to implement statutory changes enacted by Congress under sections 922 and 929A of the Dodd Frank

Wall Street Reform and Consumer Protection Act (DFA) of 2010, and to provide other procedural updates as needed. SOX

provides protection for employees who report alleged violations of the Federal mail, wire, bank or securities fraud statutes, or

the Securities Exchange Act, or any other Federal law relating to fraud against shareholders. Under the DFA, the amendments

to SOX extend the statutory filing period from 90 to 180 days, provide parties with a right to a jury trial, extend coverage to

nationally recognized statistical rating organizations, and clarify coverage of corporate subsidiaries. Promulgation of these

changes to the regulation is necessary to govern whistleblower investigations conducted under SOX.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1980 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 1514A; PL 111-203, secs 922 and 929A, the Dodd Frank Wall Street Reform and Consumer

Protection Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC54

 View Related Documents

Title: Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010, Section 1057 of

the DODD-FRANK Wall Street Reform and Consumer

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) of 2010. This section established a new

whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the

consumer financial product and service industries who engage in protected activities under title X of the DFA or any other

provision of law that is subject to the jurisdiction of the Bureau of Consumer Financial Protection, an independent bureau within

the Federal Reserve System. Pursuant to the statute, the procedures will include remedies and legal burdens of proof

provisions, and a "kick-out" provision allowing the complainant to file the complaint in District Court if within 210 days of the

filing of the complaint the Secretary has not issued a final determination, or within 90 days after receiving a written

determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new

statute, which becomes effective on July 21, 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1985 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-203, sec 1057, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

Legal Deadline: None

Timetable:

Regulations.gov Monday, December 20, 2010 Unified Agenda

51
Action Date FR Cite

Interim Final Rule 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC55

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

1558 of the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act or ACA), which added section 18C to

the Fair Labor Standards Act. This section established a new whistleblower protection statute to be administered by OSHA that

provides protection from retaliation to employees who engage in protected activities under the ACA. Pursuant to the statute, the

procedures will follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b), including

remedies and legal burdens of proof provisions. Promulgation of a regulation is necessary to govern whistleblower

investigations conducted under the new statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1984 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 218C, FLSA sec 18C; PL 111-148, sec 1558, Patient Protection and Affordable Care Act of 2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Nilgun Tolek 

Director, Office of the Whistleblower Protection Program

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3610

Washington , DC 20210 

Phone: 202 693-2531 

FAX: 202 693-2369

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC01

 View Related Documents

Title: Cranes and Derricks in Construction

Abstract: A number of industry stakeholders asked OSHA to update the cranes and derricks portion of subpart N (29 CFR

1926.550), specifically requesting that negotiated rulemaking be used. In 2002, OSHA published a notice of intent to establish a

Regulations.gov Monday, December 20, 2010 Unified Agenda

52
negotiated rulemaking committee. A year later, in 2003, committee members were announced and the Cranes and Derricks

Negotiated Rulemaking Committee was established and held its first meeting. In July 2004, the committee reached consensus

on all issues resulting in a final consensus document. A Notice of Proposed Rulemaking (NPRM) was published on October 9,

2008. The comment period for the NPRM was extended and closed January 22, 2009. A public hearing was held on March 20,

2009. The final rule was posted and made public on July 28, 2010, and published in the Federal Register on August 9, 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent To Establish Negotiated Rulemaking 07/16/2002 67 FR 46612 

Comment Period End 09/16/2002 

Request for Comments on Proposed Committee Members 02/27/2003 68 FR 9036 

Request for Comments Period End 03/31/2003 68 FR 9036 

Established Negotiated Rulemaking Committee 06/12/2003 68 FR 35172 

Rulemaking Negotiations Completed 07/30/2004 

SBREFA Report 10/17/2006 

NPRM 10/09/2008 73 FR 59714 

NPRM Comment Period Extended 12/02/2008 73 FR 73197 

NPRM Comment Period End 01/22/2009 

Public Hearing 03/20/2009 

Close Record 06/18/2009 

Final Rule 08/09/2010 75 FR 47906 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Ben Bare 

Acting Director, Directorate of Construction

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3468

Washington , DC 20210 

Phone: 202 693-2020 

FAX: 202 693-1689

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC23

 View Related Documents

Title: Methylene Chloride

Abstract: OSHA undertook a review of the Methylene Chloride Standard (29 CFR 1910.1052) in accordance with the

requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review considered 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1052 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 553; 5 USC 610; 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Begin Review 12/01/2006 

Regulations.gov Monday, December 20, 2010 Unified Agenda

53
Request for Comments 07/10/2007 72 FR 37501 

Comment Period End 10/09/2007 

Reopen Comment Period 01/08/2008 73 FR 1299 

Comment Period End 03/10/2008 

End Review 05/05/2010 75 FR 24509 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Smith 

Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3641

Washington , DC 20210 

Phone: 202 693-2400 

FAX: 202 693-1641

E-Mail: smith.john@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB70

 View Related Documents

Title: Metal and Nonmetal Dams

Abstract: Nearly 2,000 impoundments exist at metal and nonmetal mines. Impoundment failures can endanger lives and

damage property. MSHA issued an advance notice of proposed rulemaking requesting information about proper design,

construction, operation and maintenance of impoundments at metal and nonmetal mines, as well as related safety issues for

impoundments at metal and nonmetal mines.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 56; 30 CFR 57 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 812

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/13/2010 75 FR 49429 

Extension of Comment Period (Comment Period Ends-12/13/2010) 10/07/2010 75 FR 62024 

ANPRM Comment Period End 10/12/2010 

Extension of Comment Period End 12/13/2010 

Analyze Comments 09/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

54
Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB36

 View Related Documents

Title: Respirable Crystalline Silica Standard

Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. The coal mining industry standard

is based on the formula 10 mg/m3 divided by the percentage of quartz where the quartz percent is greater than 5 percent

calculated as an MRE equivalent concentration. The metal and nonmetal mining industry standard is based on the 1973

American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values formula: 10 mg/m3 divided by the

percentage of quartz plus 2. Overexposure to crystalline silica can result in some miners developing silicosis, an irreversible but

preventable lung disease, which ultimately may be fatal. Both formulas are designed to limit exposures to 0.1 mg/m3 (100 ug) of

silica. The Secretary of Labor's Advisory Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers made

several recommendations related to reducing exposure to silica. NIOSH recommends a 50 ug/m3 exposure limit for respirable

crystalline silica. MSHA will publish a proposed rule to address miners' exposure to respirable crystalline silica.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 56 to 57; 30 CFR 70 to 72; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 30 USC 811; 30 USC 813

Legal Deadline: None

Regulatory Plan:

Statement of Need: MSHA standards are outdated; current regulations may not protect workers from developing silicosis.

Evidence indicates that miners continue to develop silicosis. MSHA's proposed regulatory action exemplifies the agency's

commitment to protecting the most vulnerable populations while assuring broad-based compliance. MSHA will regulate based

on sound science to eliminate or reduce the hazards with the broadest and most serious consequences. MSHA intends to use

OSHA’s work on the health effects and risk assessment, adapting it as necessary for the mining industry.

Legal Basis: Promulgation of this standard is authorized by sections 101 and 103 of the Federal Mine Safety and Health Act

of 1977.

Alternatives: This rulemaking would improve health protection from that afforded by the existing standards. MSHA will

consider alternative methods of addressing miners' exposures based on the capabilities of the sampling and analytical methods.

Costs and Benefits: MSHA will prepare estimates of the anticipated costs and benefits associated with the proposed rule.

Risks: For over 70 years, toxicology information and epidemiological studies have shown that exposure to respirable

crystalline silica presents potential health risks to miners. These potential adverse health effects include simple silicosis and

progressive massive fibrosis (lung scarring). Evidence indicates that exposure to silica may cause cancer. MSHA believes that

the health evidence forms a reasonable basis for reducing miners' exposure to respirable crystalline silica.

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: No

Energy Affected: Undetermined

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

55
Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB64

 View Related Documents

Title: Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors

Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust

standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (CWP) or

(black lung) and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving

the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease,

according to the National Institute for Occupational Safety and Health (NIOSH). In September 1995, NIOSH issued a Criteria

Document in which it recommended that the respirable coal mine dust permissible exposure limit (PEL) be cut in half. In

February 1996, the Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among

Coal Miners (Advisory Committee) to assess the adequacy of MSHA’s current program and standards to control respirable dust

in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The

Committee represented the labor, industry and academic communities. The Committee submitted its report to the Secretary of

Labor in November 1996, with the majority of the recommendations unanimously supported by the Committee members. The

Committee recommended a number of actions to reduce miners' exposure to respirable coal mine dust. This proposed rule is an

important element in MSHA's Comprehensive Black Lung Reduction Strategy (Strategy) to "End Black Lung Now" and combines

the following rulemaking actions: (1) "Occupational Exposure to Coal Mine Dust (Lowering Exposure)," RIN 1219-AB64; (2)

"Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust," RIN

1219-AB14; (3) "Determination of Concentration of Respirable Coal Mine Dust," RIN 1219-AB18; and (4) "Respirable Coal Mine

Dust: Continuous Personal Dust Monitor (CPDM)," RIN 1219-AB48.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 75; 30 CFR 90 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 813(h)

Legal Deadline: None

Regulatory Plan:

Statement of Need: Comprehensive respirable dust standards for coal mines were designed to reduce the incidence, and

eventually eliminate, CWP and silicosis. While significant progress has been made toward improving the health conditions in our

Nation's coal mines, miners remain at risk of developing occupational lung disease, according to NIOSH. Recent NIOSH data

indicates increased prevalence of CWP "clusters" in several geographical areas, particularly in the Southern Appalachian

Region.

Legal Basis: Promulgation of this regulation is authorized by the Federal Mine Safety and Health Act of 1977 as amended

by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: MSHA is considering amendments, revisions, and additions to existing standards.

Costs and Benefits: MSHA developed a preliminary regulatory economic analysis to accompany the proposed rule.

Risks: Respirable coal dust is one of the most serious occupational hazards in the mining industry. Occupational exposure to

excessive levels of respirable coal mine dust can cause coal workers’ pneumoconiosis and silicosis, which are potentially

disabling and can cause death. MSHA is pursuing both regulatory and nonregulatory actions to eliminate these diseases

through the control of coal mine respirable dust levels in mines and reduction of miners’ exposure. MSHA developed a risk

assessment to accompany the proposed rule.

Timetable:

Action Date FR Cite

NPRM 10/19/2010 75 FR 64412 

Hearings 11/15/2010 75 FR 69617 

NPRM-Rescheduling of Public Hearings; Correction 11/30/2010 75 FR 73995 

Post Hearing Comment Period End 02/28/2011 

NPRM Comment Period End 02/28/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information

Regulations.gov Monday, December 20, 2010 Unified Agenda

56
URL: http://www.msha.gov/S&HINFO/BlackLung/homepage2009.asp Public Comment URL: http://www.regulations.gov

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB67

 View Related Documents

Title: Notification of Legal Identity

Abstract: The current requirements do not provide sufficient information for MSHA to identify all of the mine "operators"

responsible for operator safety and health obligations under the Federal Mine Safety and Health Act of 1977, as amended. This

proposed regulation would expand the information required to be submitted to MSHA and allow the Agency to better focus on

the most egregious or persistent violators and more effectively deter future violations by imposing penalties and other remedies

on those violators.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 41 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 801; 30 USC 813(h); 30 USC 819(d); 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB71

 View Related Documents

Title: Safety and Health Management Programs for Mines

Abstract: MSHA held public meetings and gathered information and suggestions from the mining community on effective,

comprehensive safety and health management programs, including programs used in the mining industry. MSHA will use all

information received to develop a proposed rule for safety and health management programs to eliminate hazards and prevent

injuries and illnesses at mines.

Regulations.gov Monday, December 20, 2010 Unified Agenda

57
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811 and 812

Legal Deadline: None

Regulatory Plan:

Statement of Need: Mining is one of the most hazardous industries in this country. Yet year after year, many mines

experience low injury and illness rates and low violation rates. For these mine operators, preventing harm to their miners is

more than compliance with safety and health requirements; it reflects an embodiment of a culture of safety--from CEO to the

miner to the contractor. This culture of safety derives from a commitment to a systematic, effective, comprehensive

management of safety and health at mines with full participation of all miners. MSHA believes requiring effective safety and

health management programs in mining will create a sustained industry-wide effort to eliminate hazards and will result in the

prevention of injuries and illnesses.

Legal Basis: Promulgation of this standard is authorized by section 101 of the Federal Mine Safety and Health Act of 1977

as amended by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: No reasonable alternatives to this regulation would be as comprehensive or as effective in eliminating hazards

and preventing injuries and illnesses.

Costs and Benefits: MSHA will develop a preliminary regulatory economic analysis to accompany the proposed rule.

Risks: The lack of a comprehensive safety and health management program contributes to a higher incidence of injury and

illness rates and higher violation rates.

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB72

 View Related Documents

Title: Criteria and Procedures for Proposed Assessment of Civil Penalties

Abstract: MSHA will develop a proposed rule to revise the process for proposing civil penalties. The assessment of civil

penalties is a key component in MSHA's strategy to enforce safety and health standards. The Congress intended that the

imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take

necessary action to prevent safety and health hazards before they occur. MSHA believes that the procedures for assessing civil

penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 957

Legal Deadline: None

Regulations.gov Monday, December 20, 2010 Unified Agenda

58
Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB73

 View Related Documents

Title: Pattern of Violations

Abstract: MSHA is preparing a proposed rule to revise the Agency's existing regulation for pattern of violations contained in

30 CFR part 104. MSHA has determined that the existing pattern criteria and procedures do not reflect the statutory intent for

section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) that operators manage health and safety conditions

at mines so that the root causes of significant and substantial (S&S) violations are addressed before they become a hazard to

the health and safety of miners. The legislative history of the Mine Act explains that Congress intended the pattern of violations

tool be used for operators who have demonstrated a disregard for the health and safety of miners. The proposal would reflect

statutory intent, simplify the pattern of violations criteria, and improve consistency in applying the patterns of violations criteria.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 814(e); 30 USC 957

Legal Deadline: None

Regulatory Plan:

Statement of Need: The pattern of violations provision was a new enforcement tool in the Mine Act. The Mine Act places

the ultimate responsibility for ensuring the safety and health of miners on mine operators. The goal of the pattern of violations

proposed rule is to compel operators to manage health and safety conditions so that the root causes of S&S violations are

found and fixed before they become a hazard to miners. MSHA's existing regulation is not consistent with the language,

purpose, and legislative history of the Mine Act and hinders the Agency's use of pattern of violations to identify chronic violators

who thumb their noses at the law by a continuing cycle of citation and abatement.

Legal Basis: Promulgation of this standard is authorized by sections 104(e) and 957 of the Federal Mine Safety and Health

Act of 1977.

Alternatives: MSHA will consider alternative criteria for determining when a pattern of significant and substantial violations

exists in order to improve health and safety conditions in mines and provide protection for miners. Congress provided the

Secretary with broad discretion in determining criteria, recognizing that MSHA may need to modify the criteria as Agency

experience dictates.

Costs and Benefits: MSHA will prepare estimates of the anticipated costs and benefits associated with the proposed rule.

Risks: Mine operators with a chronic history of persistent serious violations needlessly expose miners to the same hazards

again and again. These operators demonstrate a disregard for the safety and health of miners; this indicates a serious safety

and health management problem at the mine. The existing regulation has not been effective in reducing repeated risks to

miners at these mines.

Regulations.gov Monday, December 20, 2010 Unified Agenda

59
Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: http://www.msha.gov/regsinfo.htm Public Comment URL: http://www.regulations.gov

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB75

 View Related Documents

Title: Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards

Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly.

Additionally, other conditions that could develop into a hazard if left uncorrected must also be eliminated. Operator examinations

for hazards and violations of mandatory health or safety standards are mandated in the Mine Act and are a critical component of

an effective safety and health program for underground mines. While this requirement was previously included in regulations, the

1992 final rule addressing ventilation in underground coal mines only included the requirement that the mine examiners look for

hazardous conditions. The 1992 rule omitted from the standard the text taken from the Mine Act requiring examinations for

violations of mandatory safety or health standards. The reinstitution of this practice of having examiners look for mandatory

health or safety standards during MSHA inspections of underground mines. Therefore, MSHA will be revising existing standards

for preshift, supplemental, on-shift, and weekly examinations to address violations of mandatory safety or health standards. This

will complement the proposed rule concerning Safety and Health Management Programs for Mines (1219-AB71).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 961

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1219-AB71

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

60
Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB76

 View Related Documents

Title: Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines

Abstract: The Mine Safety and Health Administration (MSHA) issued an emergency temporary standard (ETS) under section

101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners in underground

bituminous coal mines face when accumulations of coal dust are not made inert. MSHA concluded from investigations of mine

explosions and other reports that immediate action was necessary to protect miners. Accumulations of coal dust can ignite,

resulting in an explosion, or after an explosion, it can propagate, increasing the severity of the explosion. The ETS requires mine

operators to increase the incombustible content of combined coal dust, rock dust, and other dust to at least 80 percent in

underground areas of bituminous mines. The ETS further requires that the incombustible content of such combined dust be

raised 0.4 percent for each 0.1 percent of methane present. The ETS strengthens the protection for miners by reducing the

potential for a coal mine explosion.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR sec 75.403 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811, 864

Legal Deadline: None

Regulatory Plan:

Statement of Need: MSHA determined that a revised standard for "Maintenance of Incombustible Content of Rock Dust" is

necessary to immediately protect underground coal miners from hazards of coal dust explosions. This determination is based

on: (1) MSHA's accident investigation reports of mine explosions in intake air courses that involved coal dust (Dubaniewicz

2009); (2) the National Institute for Occupational Safety and Health's Report of Investigations 9679 (Cashdollar et al. 2010),

"Recommendations for a New Rock Dusting Standard to Prevent Coal Dust Explosions in Intake Airways"; and (3) MSHA's

experience and data.

Legal Basis: Promulgation of this standard is authorized by section 101(b) of the Federal Mine Safety and Health Act of

1977.

Alternatives: MSHA will consider revisions to the ETS, based on public comments received during the rulemaking process.

Costs and Benefits: MSHA estimates that the ETS would result in approximately $22.0 million in yearly costs for the

underground bituminous coal mining industry. The ETS provides additional safety protection for miners in underground

bituminous coal mines from the explosion hazard of coal and other dusts. MSHA estimates that, on average, the ETS would

prevent approximately 1.5 deaths every year and would prevent one additional injury about every 4 years.

Risks: Based on NIOSH's data and recommendations, and MSHA's data and experience, the Secretary determined that

miners are exposed to grave danger in areas of underground bituminous coal mines that are not properly and sufficiently rock

dusted in accordance with the requirements in this ETS.

Timetable:

Action Date FR Cite

Emergency Temporary Standard 09/23/2010 75 FR 57849 

Hearing 10/28/2010 

Hearing 10/26/2010 

Hearing 11/18/2010 

Hearing 11/16/2010 

Comment Period End 12/20/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Regulations.gov Monday, December 20, 2010 Unified Agenda

61
Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB65

 View Related Documents

Title: Proximity Detection Systems for Underground Mines

Abstract: The Mine Safety and Health Administration (MSHA) will issue an emergency temporary standard (ETS) under

section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners face when

working near mobile equipment in underground mines. MSHA has concluded, from investigations of accidents involving mobile

equipment and other reports, that immediate action is necessary to protect miners. To date, in 2010, there have been five

fatalities resulting from crushing and pinning accidents. Mobile equipment can pin, crush, or strike a miner working near the

equipment. Proximity detection technology can prevent these types of accidents. The ETS would strengthen the protection for

underground miners by reducing the potential of pinning, crushing or striking hazards associated with working close to mobile

equipment. As a part of the Secretary's strategy for securing safe and healthy workplaces, the Mine Safety and Health

Administration will undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving

equipment and vehicles.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811

Legal Deadline: None

Regulatory Plan:

Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killed

resulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent

accidents that cause debilitating injuries and accidental death.

Legal Basis: Promulgation of this standard is authorized by section 101(b) of the Federal Mine Safety and Health Act of

1977 as amended by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: No reasonable alternatives to this regulation would be as comprehensive or as effective in eliminating hazards

and preventing injuries.

Costs and Benefits: MSHA will develop a regulatory economic analysis to accompany the ETS.

Risks: The lack of proximity detection systems on mobile equipment in underground mines contributes to a higher incidence

of debilitating injuries and accidental deaths.

Timetable:

Action Date FR Cite

Request for Information (RFI) 02/01/2010 75 FR 5009 

Comment Period Ended 04/02/2010 

Emergency Temporary Standard 03/00/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

Regulations.gov Monday, December 20, 2010 Unified Agenda

62
FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB37

 View Related Documents

Title: Revising Electrical Product Approval Regulations

Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and Accessories) describes the approval requirements for

electrically operated machines and accessories intended for use in underground gassy mines, and for related matters, such as

approval procedures, certification of components, and acceptance of flame-resistant hoses and conveyor belts. Aside from

minor modifications, part 18 has been largely unchanged since it was promulgated in 1968. MSHA is proposing revisions to

improve the efficiency of the approval process, recognize new technology, add quality assurance provisions, address existing

policies through the rulemaking process, and reorganize portions of the approval regulations. MSHA will be addressing the

requirements in this part in phases. The first phase, Flame-Resistance Testing of Mining Materials, was completed with the final

rule published on December 31, 2008 (73 FR 80580). The second phase will be Intrinsic Safety Requirements. This action will

be published second because the MINER Act required underground coal mine operators to submit an Emergency Response

Plan (ERP) that sets forth a means of providing post-accident communication and electronic tracking.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27; 30 CFR 14; ... (To search for a specific CFR, visit

the Code of Federal Regulations ) 

Legal Authority: 30 USC 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM (Phase 1) 06/19/2008 73 FR 35026 

NPRM Comment Period End 09/08/2008 

Final Action--Phase 1 12/31/2008 73 FR 80580 

NPRM--Phase 2 Intrinsic Safety Requirements 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA03

 View Related Documents

Title: Amendments to The Family and Medical Leave Act of 1993

Abstract: The Department of Labor proposes to amend the regulations implementing the Family and Medical Leave Act to

incorporate amendments made by the National Defense Authorization Act for FY 2010 and the Airline Flight Crew Technical

Corrections Act. When initiated, this regulatory action was intended to be review revisions to the regulations implementing the

National Defense Authorization Act for FY 2008 military family leave amendments and other revisions of the regulations

implemented in January 2009. Subsequent to the initiation of this action, Congress passed the National Defense Authorization

Regulations.gov Monday, December 20, 2010 Unified Agenda

63
Act for FY 2010 and the Airline Flight Crew Technical Corrections Act. As a result of the Congressional action the scope of this

rulemaking has changed to implement the statutory amendments.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 825 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 2654

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB76

Agency Contact: Helen Applewhaite 

Family and Medical Leave Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0066 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA04

 View Related Documents

Title: Right To Know Under the Fair Labor Standards Act

Abstract: The Department of Labor proposes to update the recordkeeping regulations under the Fair Labor Standards Act in

order to enhance the transparency and disclosure to workers of their status as the employer's employee or some other status,

such as an independent contractor, and if an employee, how their pay is computed. The Department also proposes to clarify

that the mandatory manual preparation of "homeworker" handbooks applies only to employers of employees performing

homework in the restricted industries. The title of this proposed rule has changed to better reflect the purpose of this action.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 516 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 211(c)

Legal Deadline: None

Regulatory Plan:

Statement of Need: The recordkeeping regulation issued under the Fair Labor Standards Act (FLSA), 29 CFR part 516,

specifies the scope and manner of records covered employers must keep that demonstrate compliance with minimum wage,

overtime, and child labor requirements under the FLSA, or the records to be kept that confirm particular exemptions from some

of the Act’s requirements may apply. This proposal intends to update the recordkeeping requirements to foster more openness

and transparency in demonstrating employers’ compliance with applicable requirements to their workers, to better ensure

compliance by regulated entities, and to assist in enforcement. In addition, the proposal intends to update the requirements for

live-in domestic employees and, to clarify that the mandatory manual preparation of "homeworker" handbooks applies only to

employers of employees performing homework in the restricted industries.

Legal Basis: These regulations are authorized by section 11 of the Fair Labor Standards Act, 29 U.S.C. 211.

Alternatives: Alternatives will be developed in considering proposed revisions to the current recordkeeping requirements.

The public will be invited to provide comments on the proposed revisions and possible alternatives.

Regulations.gov Monday, December 20, 2010 Unified Agenda

64
Costs and Benefits: The Department will prepare estimates of the anticipated costs and benefits associated with the

proposed rule.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB78

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA05

 View Related Documents

Title: Application of the Fair Labor Standards Act to Domestic Service

Abstract: Fair Labor Standards Act (FLSA) section 13(a)(15) provides an exemption from minimum wage and overtime

compensation for domestic employees engaged in providing companionship services. FLSA section 13(b)(21) provides an

exemption from overtime compensation for live-in domestic employees. In light of significant changes in the home care industry,

the DOL is proposing to update regulations at 29 CFR part 552, Application of the FLSA to Domestic Service, including

examining the definition of "companionship services," the criteria used to judge whether employees qualify as trained personnel

who are not exempt companions, and the applicability of the exemption to third party employers.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 552 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 213 (a)(15); 29 USC 213 (b)(21)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2011 

Additional Information: Previously reported as 1215-AB85.

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Regulations.gov Monday, December 20, 2010 Unified Agenda

65
Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA06

 View Related Documents

Title: Child Labor Regulations, Orders, and Statements of Interpretations

Abstract: The Department is proposing to revise the child labor regulations issued pursuant to the Fair Labor Standards Act,

29 U.S.C. 212 which sets forth the criteria for the employment of minors years of age in agriculture. The Department's proposed

revisions primarily concern part E-1 of the regulation, which addresses hazardous occupations in agriculture.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 212 and 213(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Agency Contact: Arthur M. Kerschner 

Child Labor and Special Employment Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0072 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA00

 View Related Documents

Title: Amendments to the Fair Labor Standards Act

Abstract: Small Business Job Protection Act of 1996 (H.R. 3448) enacted on August 20, 1996 (Pub. L. 104-188, title II),

amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The U.S. Troop Readiness, Veterans' Care,

Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28) also amended the FLSA by increasing the

minimum wage in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25

per hour effective July 24, 2009. Changes will be required in the regulations to reflect these amendments. Other updates will

address needed clarifications to additional sections of the regulations, including sections affected by Public Law 106-151,

section 1 (Dec. 9, 1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2000), 114 Stat. 308.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 778 to 780; 29 CFR 785 to 786; 29 CFR 790 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 201 et seq; PL 104-188, sec 2101 to 2105

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2008 73 FR 43654 

NPRM Comment Period Extended 08/22/2008 73 FR 49621 

NPRM Comment Period End 09/11/2008 

Final Action 01/00/2011 

Regulations.gov Monday, December 20, 2010 Unified Agenda

66
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB13

Agency Contact: Montaniel Navarro 

Fair Labor Standards Act Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0067 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA02

 View Related Documents

Title: Nondisplacement of Qualified Workers Under Service Contracts

Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of Qualified Workers Under Service Contracts,

establishes the policy that Federal service contracts generally include a clause requiring the contractor and its subcontractors,

under a contract that succeeds a contract for the same or similar service at the same location, to offer qualified employees

(except managerial and supervisory personnel) employed on the predecessor contract a right of first refusal to employment

under the successor contract. The order assigns enforcement responsibility to the Secretary of Labor and directs the Secretary,

in consultation with the Federal Acquisition Regulatory Council, to issue regulations to implement the order.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 9 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13495, sec 4 to 6; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/19/2010 75 FR 13382 

NPRM Comment Period End 05/18/2010 

Final Action 03/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB69

Agency Contact: Timothy Helm 

Government Contracts Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

Room S-3502, FP Building 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-0064 

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA01

 View Related Documents

Title: Child Labor Regulations, Orders, and Statements of Interpretation

Regulations.gov Monday, December 20, 2010 Unified Agenda

67
Abstract: The Department of Labor continues to review the Fair Labor Standards Act child labor provisions to ensure that the

implementing regulations provide job opportunities for working youth that are healthy and safe and not detrimental to their

education, as required by the statute (29 U.S.C. sections 203(l), 212(c), 213(c), and 216(e)). This final rule will update the

regulations to reflect statutory amendments enacted in 2004, and will propose, among other updates, revisions to address

several recommendations of the National Institute for Occupational Safety and Health (NIOSH) in its 2002 report to the

Department of Labor on the child labor Hazardous Occupations Orders (HOs) (available at

http://www.youthrules.dol.gov/resources.htm).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/17/2007 72 FR 19337 

NPRM Comment Period End 07/16/2007 

Final Action 05/20/2010 75 FR 28404 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB57

Agency Contact: Arthur M. Kerschner 

Child Labor and Special Employment Branch Chief, Division of Enforcement Policy

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW. Room S-3502 FP Building

Washington , DC 20210 

Phone: 202 693-0072 

FAX: 202 693-1387

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA03

 View Related Documents

Title: Claims for Compensation Under the Federal Employees' Compensation Act

Abstract: ESA's Office of Workers' Compensation Programs (OWCP) plans to issue new regulations to update its

organizational description to reflect the reorganization that will transform OWCP into a stand-alone organization reporting directly

to the Office of the Secretary of Labor. OWCP administers four major disability compensation programs that provide wage

replacement benefits, medical treatment, vocational rehabilitation and other benefits (such as survivors' benefits) to certain

workers who experience work-related injury or occupational disease. The Federal Employees' Compensation Act (FECA)

provides workers' compensation benefits to Federal workers for employment-related injuries and occupational diseases as well

as survivor benefits for a covered employee’s employment-related death. OWCP plans to update its regulations governing

administration of claims under the FECA. The last comprehensive update of the FECA regulations was undertaken more than

10 years ago. Since that time a number of improvements have been made to OWCP's processing of claims. The regulations will

be revised to reflect those changes and to incorporate new procedures that will enhance OWCP's ability to administer FECA.

Changes to the regulations will facilitate the return to work of injured workers who are able to work by such measures as

increasing the opportunity for vocational rehabilitation. Revisions to the regulations will also enhance OWCP's ability to

efficiently provide sufficient income and medical care for those who are unable to work. The planned regulatory changes will

better explain the increased automation of the medical billing process; reflect changes in procedure, such as FECA's centralized

mail processing; and also codify changes in case law affecting FECA claims administration. OWCP also plans to modernize the

provision of compensation for employees situated overseas who are neither citizens nor residents of the United States to reflect

current realities in regard to such employees. The regulations will also be revised to reflect a recent statutory change to the

FECA moving the 3-day waiting period before qualifying for wage-loss compensation for employees of the Postal Service.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

Regulations.gov Monday, December 20, 2010 Unified Agenda

68
CFR Citation: 20 CFR 1; 20 CFR 10; 20 CFR 25 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 8149

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/13/2010 75 FR 49596 

NPRM Comment Period End 10/12/2010 

End Review 05/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB83

Agency Contact: Douglas Fitzgerald 

Director, Division of Federal Employees’ Compensation, Office of Workers’ Compensation Programs

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. FP Building Room S-3229

Washington , DC 20210 

Phone: 202 693-0040 

FAX: 202 693-1497

E-Mail: fitzgerald.douglas@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA02

 View Related Documents

Title: Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels

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. To implement this amendment, the Department anticipates

proposing a rule that addresses the definition of recreational vessel and coverage of those employees who work in both

covered employment and employment excluded under the amendment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 939

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/17/2010 75 FR 50718 

NPRM Republished 10/15/2010 75 FR 63425 

NPRM Comment Period End 11/17/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Related RINs: Previously Reported as 1215-AB73

Agency Contact: Michael Niss 

Director, Division of Longshore and Harbor Workers' Compensation, OWCP

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. FP Building Room C-4315

Washington , DC 20210 

Phone: 202 693-0038 

Regulations.gov Monday, December 20, 2010 Unified Agenda

69
FAX: 202 693-1380

E-Mail: niss.michael@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA04

 View Related Documents

Title: Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors

Entitlement to Benefits

Abstract: The Patient Protection and Affordable Care Act (PPACA) of 2010 amended the Black Lung Benefits Act, 30 U.S.C.

901-44, to reinstate two methods of establishing entitlement that were repealed with respect to claims filed after 1981.

Specifically, the PPACA reinstated 30 U.S.C. 921(c)(4)(presumption of total disability or death due to pneumoconiosis arising

out of coal mine employment where the miner had 15 years of coal mine employment and proof of total disability) and 30 U.S.C.

932(l) (automatic entitlement to benefits for eligible survivors of miners who were awarded benefits based on lifetime claims).

The newly amended statutory provisions apply to claims filed after January 1, 2005. The Department anticipates proposing rules

that define the class of claims affected by the amendments and set the criteria for establishing entitlement to benefits under the

amendments.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 718; 20 CFR 725 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 936; 30 USC 921

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Michael McClaran 

Chief, Branch of Standards, Regulations, and Procedures, Division of Coal Mine Workers' Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. Suite N-3464

Washington , DC 20210 

Phone: 202 693-0978 

FAX: 202 693-1395

E-Mail: mcclaran.michael@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA00

 View Related Documents

Title: Death Gratuity Authorized for Federal Employees

Abstract: The National Defense Authorization Act for FY 2008, which was signed in to law on January 28, 2008, resulted in

the creation of a new section of the Federal Employees’ Compensation Act. This section establishes a death gratuity payment

of up to $100,000 for federal employees who die of injuries incurred in connection with the employee's service with an armed

force in a contingency operation. This bill also contains a provision for retroactivity for employees who died on or after October

7, 2001.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 10.900 et al (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181 National Defense Authorization Act for FY 2008

Regulations.gov Monday, December 20, 2010 Unified Agenda

70
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/18/2009 74 FR 41617 

Interim Final Rule Effective 08/18/2009 

Interim Final Rule Comment Period End 10/19/2009 

Final Action 02/03/2010 75 FR 5499 

Final Action Effective 04/05/2010 75 FR 5499 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB66

Agency Contact: Jennifer Valdivieso 

Acting Chief, Branch of Regulations and Procedures, Division of Federal Employees Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue, NW

Washington , DC 20210 

Phone: 202 693-0964 

FAX: 904 357-4779

E-Mail: valdivieso.jennifer@dol.gov

Department of Labor (DOL) 

Office of Workers Compensation ( OWCP ) RIN: 1240-AA01

 View Related Documents

Title: Defense Base Act Waivers

Abstract: The Office of Workers' Compensation Programs is withdrawing this entry from the agenda at this time due to

resource constraints and other priorities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 704 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1651(e)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 07/17/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal

Federalism: No

Related RINs: Previously Reported as 1215-AB72

Agency Contact: Michael Niss 

Director, Division of Longshore and Harbor Workers' Compensation, OWCP

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW. FP Building Room C-4315

Washington , DC 20210 

Phone: 202 693-0038 

FAX: 202 693-1380

E-Mail: niss.michael@dol.gov

Department of Labor (DOL) 

Regulations.gov Monday, December 20, 2010 Unified Agenda

71
Office of Labor Management Standards ( OLMS ) RIN: 1245-AA04

 View Related Documents

Title: Internet Balloting in Union Officer Elections

Abstract: The Department intends to publish a Request for Information regarding the application of title IV of the LaborManagement Reporting and Disclosure Act (LMRDA) in the context of Internet balloting in union officer elections.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 481 and 482

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB84

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

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA03

 View Related Documents

Title: Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA

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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 405; 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 433; 29 USC 438

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Labor is proposing a regulatory initiative to better implement the public disclosure

objectives of the Labor-Management Reporting and Disclosure Act (LMRDA) regarding employer-consultant agreements to

persuade employees concerning their rights to organize and bargain collectively. Under LMRDA section 203, an employer must

report any agreement or arrangement with a third party consultant to persuade employees as to their collective bargaining rights

or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute

involving the employer. The consultant also is required to report concerning such an agreement or arrangement with an

employer. Statutory exceptions to these reporting requirements are set forth in LMRDA section 203(c), which provides, in part,

that employers and consultants are not required to file a report by reason of the consultant's giving or agreeing to give "advice"

Regulations.gov Monday, December 20, 2010 Unified Agenda

72
to the employer. The Department believes that its current policy concerning the scope of the "advice exception" is overbroad

and that a narrower construction would better allow for the employer and consultant reporting intended by the LMRDA.

Regulatory action is needed to provide workers with information critical to their effective participation in the workplace.

Legal Basis: This proposed rulemaking is authorized under U.S.C. sections 433 and 438 and applies to regulations at 29

CFR part 405 and 29 CFR part 406.

Alternatives: Alternatives will be developed and considered in the course of notice and comment rulemaking.

Costs and Benefits: Anticipated costs and benefits of this proposed regulatory initiative have not been assessed and will

be determined at a later date, as appropriate.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB79

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

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA05

 View Related Documents

Title: Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report

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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 433 and 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

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.

Regulations.gov Monday, December 20, 2010 Unified Agenda

73
Washington , DC 20210 

Phone: 202 693-1254 

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA01

 View Related Documents

Title: Labor Organization Officer and Employee Report (Form LM-30)

Abstract: The Department intends to review questions of law and policy within the recently published changes to the Form

LM-30. The Form LM-30 (Labor Organization Officer and Employee Report) is required by the Labor Management Reporting

and Disclosure Act (LMRDA). The purpose of the Form, among others, is to identify potential conflicts of interest between the

labor organization officials and their labor organization.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 404 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 432 and 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/10/2010 75 FR 48416 

NPRM Comment Period End 10/12/2010 

Final Action 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB74

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

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA00

 View Related Documents

Title: Notification of Employee Rights Under Federal Labor Laws

Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the Department of Labor proposes to prescribe the size,

form, and content of the notice to be posted by a contractor under paragraph 1 of the contract clause described in section 2 of

the order. Such notice shall describe the rights of employees under Federal labor laws, consistent with the policy set forth in

section 1 of the order.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 471 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13496

Legal Deadline: None

Regulations.gov Monday, December 20, 2010 Unified Agenda

74
Timetable:

Action Date FR Cite

NPRM 08/03/2009 74 FR 38488 

NPRM Comment Period End 09/02/2009 

Final Action 05/20/2010 75 FR 28368 

Final Action Effective 06/21/2010 75 FR 28368 

Additional Information: Per DOL, this RIN was transferred from 1215-AB70.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 1215-AB70

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

Department of Labor (DOL) 

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA02

 View Related Documents

Title: Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public Sector Intermediate Unions

Abstract: On October 2, 2008, the Department published a final rule establishing a Form T-1, Trust Annual Report, which

certain labor organizations must file to disclose financial information regarding trusts in which they are interested pursuant to the

Labor-Management Reporting and Disclosure Act (LMRDA). This rulemaking would propose to rescind the Form T-1. It would

instead propose that filers of Form LM-2, Labor Organization Annual Report, report on their wholly owned, wholly controlled and

wholly financed organizations ("subsidiary organizations") on their Form LM-2 report. Additionally, the rulemaking would propose

to change an interpretation of the LMRDA regarding intermediate bodies. The proposed revised interpretation would state that

intermediate bodies are covered only if they are themselves composed, in whole or part, of private sector affiliates.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 403 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/02/2010 75 FR 5456 

NPRM Comment Period End 04/05/2010 

Final Action 12/01/2010 75 FR 74936 

Final Action Effective 01/03/2011 

Additional Information: Per DOL this RIN was transferred from 1215-AB75.

Regulatory Flexibility Analysis

Required: Organizations Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB75

Agency Contact: Andrew R. Davis 

Chief, Division of Interpretations and Standards, Office of Labor-Management Standards

Department of Labor

Office of Labor Management Standards

Regulations.gov Monday, December 20, 2010 Unified Agenda

75
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

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA03

 View Related Documents

Title: Non Discrimination In Compensation: Compensation Data Collection Tool

Abstract: Compensation discrimination is one form of discrimination that is prohibited by Executive Order 11246, as

amended, (E.O. 11246). Eliminating gender and race-based, compensation discrimination continues to be a priority issue for

OFCCP. Consequently, OFCCP is considering the development of a new strategic compensation data collection tool that will

effectively identify contractors that are likely to violate E.O. 11246. In addition, the data collection tool may be used to conduct

establishment-specific, contractor-wide, and industry-wide analyses. Through publication of an Advance Notice of Proposed

Rulemaking (ANPRM), OFCCP will seek input from stakeholders on issues relating to the scope, content, and format of the tool

to ensure that it is an effective and efficient data collection instrument

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 41 CFR 60-2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 11246; 30 FR 12319, as amended by EO 11375; 32 FR 14303, as amended by EO 12086; 43 FR

46501

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 02/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Agency Contact: Sandra M. Dillon 

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA00

 View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, As Amended

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR parts 60-250 and 60-300,

implementing the nondiscrimination and affirmative action provisions of VEVRAA. This NPRM would strengthen the affirmative

action requirements for Federal contractors and subcontractors. The NPRM would amend the regulations to require that Federal

contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA

and would require the use of numerical targets to measure the effectiveness of affirmative action efforts. The NPRM would also

make revisions to recordkeeping requirements.

Regulations.gov Monday, December 20, 2010 Unified Agenda

76
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-250 and 60-300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 793; 38 USC 4211 (2001) (amended 2002); 38 USC 4212 (2001) (amended 2002); EO 11758 (3

CFR 1971 to 1975 Comp. p 841)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

NPRM Comment Period End 04/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Energy Affected: No

Related RINs: Previously Reported as 1215-AB80

Agency Contact: Sandra M. Dillon 

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA01

 View Related Documents

Title: Construction Contractor Affirmative Action Requirements

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR part 60-4 implementing the

affirmative action requirements of Executive Order 11246 that are applicable to Federal and federally assisted construction

contractors. The NPRM will strengthen and enhance the effectiveness of the affirmative action program requirements for Federal

and federally-assisted construction contractors and subcontractors, particularly in the area of recruitment and job training.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1; 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended; 30 FR 12319; 32 FR 14303, as

amended by EO 12086

Legal Deadline: None

Regulatory Plan:

Statement of Need: The regulations implementing construction contractor affirmative action obligations under Executive

Order 11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and

racial minorities continue to exist in on-site construction occupations in the construction industry. The NPRM would remove

outdated regulatory provisions, propose a new method for establishing affirmative action goals, and propose other revisions to

the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction

industry today.

Legal Basis: This action is not required by statute or court order. Legal Authority: Sections 201, 202, 205, 211, 301, 302,

and 303 of E.O. 11246, as amended, 30 FR 12319: 32 FR 14303, as amended by E.O. 12086.

Alternatives: Regulatory alternatives will be addressed as the NPRM is developed

Costs and Benefits: There may be some additional costs to contractors as a result of the increased scope of required

Regulations.gov Monday, December 20, 2010 Unified Agenda

77
actions. The benefits would likely include increased diversity in construction workplaces and increased opportunities for women

and minorities to get on-site construction jobs. More detailed cost and benefit analyses will be made as the NPRM is

developed.

Risks: Failure to provide updated regulations may impede the equal opportunity rights of some workers in protected classes.

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81

Agency Contact: Sandra M. Dillon 

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA02

 View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and

Placement Results Under Section 503

Abstract: This Notice of Proposed Rulemaking (NPRM) 41 CFR part 60-741, implements the nondiscrimination and

affirmative action provisions of section 503 of the Rehabilitation Act of 1973, as amended (Section 503). This NPRM would

strengthen the affirmative action requirements for Federal contractors and subcontractors. The NPRM would amend the

regulations to require that Federal contractors and subcontractors increase linkages and conduct more substantive analyses of

recruitment and placement actions taken under section 503. The NPRM would also make revisions to recordkeeping

requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-741 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 706 and 793; EO 11758 (3 CFR 1971 to 1975 Comp p 841)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/23/2010 75 FR 43116 

ANPRM Comment Period End 09/21/2010 

NPRM 08/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.dol.gov/ofccp Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB77

Agency Contact: Sandra M. Dillon 

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

Regulations.gov Monday, December 20, 2010 Unified Agenda

78
200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

Office of the Secretary ( OS ) RIN: 1290-AA24

 View Related Documents

Title: Redesignation of Title 20 CFR, Chapter VI

Abstract: The current title of Chapter VI, title 20 CFR, is "Employment Standards Administration, Department of Labor."

Because the Secretary of Labor dissolved the Employment Standards Administration (ESA) into its constituent components on

November 8, 2009, Chapter VI must be redesignated. The rules contained in Chapter VI implement the Longshore and Harbor

Workers' Compensation Act, as extended (33 U.S.C. 901 to 951), and the Black Lung Benefits Act, 30 U.S.C. 901 to 944. The

Secretary has delegated authority for administering both programs to the Director, Office of Workers' Compensation Programs.

74 FR 58834 (Nov. 13, 2009). Accordingly, this final rule redesignates title 20 CFR, Chapter VI, as "Office of Workers'

Compensation Program, Department of Labor."

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 701 to 704; 20 CFR 718 to 726 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 5 USC 301; 29 USC 551 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 10/15/2010 75 FR 63379 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1240-AA02

Agency Contact: Pamela Peters 

Program Analyst

Department of Labor

Office of the Secretary

200 Constitution Avenue, NW Room S-2312

Washington , DC 20210 

Phone: 202 693-6468 

Department of Labor (DOL) 

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA17

 View Related Documents

Title: Revised Funding Formula for Jobs for Veterans State Grants

Abstract: Request comments, including data and other information, on issues related to the funding formula applicable to the

Jobs for Veterans State Grants pursuant to 20 CFR part 1001.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 1001 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 38 USC 4102(c)(2)(B)(i)

Legal Deadline: None

Regulations.gov Monday, December 20, 2010 Unified Agenda

79
Timetable:

Action Date FR Cite

ANPRM 06/11/2010 75 FR 33203 

ANPRM Comment Period End 09/09/2010 

End Review of Comments 02/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gordon Burke 

Director of Grants and Transition Programs

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

200 Constitution Avenue NW. FP Building Room S-1325

Washington , DC 20210 

Phone: 202 693-4700 

Department of Labor (DOL) 

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA18

 View Related Documents

Title: Establishment of a Uniform National Threshold Entered Employment Rate Under the Jobs for Veterans

Abstract: Rule will establish a uniform national threshold entered employment rate for veterans under the Jobs for Veterans

State Grants, as required by 38 U.S.C. 4102(c)(3)(B).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 38 USC 4102(c)(3)(B)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Agency Contact: Gordon Burke 

Director of Grants and Transition Programs

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

200 Constitution Avenue NW. FP Building Room S-1325

Washington , DC 20210 

Phone: 202 693-4700 

Regulations.gov Monday, December 20, 2010 Unified Agenda

80