41242 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF LABOR 

Office of the Secretary 

20 CFR Chs. I, IV, V, VI, VII, and IX 

29 CFR Subtitle A and Chs. II, IV, V, 

XVII, and XXV 

30 CFR Ch. I 

41 CFR Ch. 60 

48 CFR Ch. 29 

Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, Labor. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: The internet has become the 

means for disseminating the entirety of 

the Department of Labor’s semiannual 

regulatory agenda. However, the 

Regulatory Flexibility Act requires 

publication of a regulatory flexibility 

agenda in the Federal Register. This 

Federal Register Notice contains the 

regulatory flexibility agenda. 

FOR FURTHER INFORMATION CONTACT: 

Laura M. Dawkins, Director, Office of 

Regulatory and Programmatic Policy, 

Office of the Assistant Secretary for 

Policy, U.S. Department of Labor, 200 

Constitution Avenue NW, Room S– 

2312, Washington, DC 20210; (202) 693– 

5959. 

Note: Information pertaining to a specific 

regulation can be obtained from the agency 

contact listed for that particular regulation. 

SUPPLEMENTARY INFORMATION: Executive 

Order 12866 requires the semiannual 

publication of an agenda of regulations 

that contains a listing of all the 

regulations the Department of Labor 

expects to have under active 

consideration for promulgation, 

proposal, or review during the coming 

one-year period. The entirety of the 

Department’s semiannual agenda is 

available online at www.reginfo.gov. 

The Regulatory Flexibility Act (5 

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

the Federal Register a regulatory 

flexibility agenda. The Department’s 

Regulatory Flexibility Agenda, 

published with this notice, includes 

only those rules on its semiannual 

agenda that are likely to have a 

significant economic impact on a 

substantial number of small entities; 

and those rules identified for periodic 

review in keeping with the requirements 

of section 610 of the Regulatory 

Flexibility Act. Thus, the regulatory 

flexibility agenda is a subset of the 

Department’s semiannual regulatory 

agenda. The Department’s Regulatory 

Flexibility Agenda does not include 

section 610 items at this time. 

All interested members of the public 

are invited and encouraged to let 

departmental officials know how our 

regulatory efforts can be improved and 

are invited to participate in and 

comment on the review or development 

of the regulations listed on the 

Department’s agenda. 

Martin J. Walsh, 

Secretary of Labor. 

WAGE AND HOUR DIVISION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Computer Employees.

1235–AA39 

WAGE AND HOUR DIVISION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

152 .................... Independent Contractor Status Under the Fair Labor Standards Act ............................................................. 1235–AA34 

EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

153 .................... Temporary Employment of H–2B Foreign Workers in Certain Itinerant Occupations in the United States ... 1205–AB93 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

154 .................... Requirements Related to Surprise Billing, Part 1 ............................................................................................ 1210–AB99 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

155 .................... Fiduciary Duties Regarding Proxy Voting and Shareholder Rights ................................................................ 1210–AB91 

156 .................... Financial Factors in Selecting Plan Investments ............................................................................................. 1210–AB95 


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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

158 .................... Emergency Response ...................................................................................................................................... 1218–AC91 

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

160 .................... Infectious Diseases .......................................................................................................................................... 1218–AC46 

161 .................... Communication Tower Safety .......................................................................................................................... 1218–AC90 

162 .................... Tree Care Standard ......................................................................................................................................... 1218–AD04 

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Long-Term Actions 

151. • Defining and Delimiting the 

Exemptions for Executive, 

Administrative, Professional, Outside 

Sales and Computer Employees 

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

29 U.S.C. 213 

Abstract: WHD is reviewing the 

regulations at 29 CFR 541, which 

implement the exemption of bona fide 

executive, administrative, and 

professional employees from the Fair 

Labor Standards Act’s minimum wage 

and overtime requirements. 

Timetable: 

Action Date FR Cite 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amy DeBisschop, 

Director of the Division of Regulations, 

Legislation and Interpretation, 

Department of Labor, Wage and Hour 

Division, 200 Constitution Avenue NW, 

FP Building, Room S–3502, 

Washington, DC 20210, Phone: 202 693– 

0406. 

RIN: 1235–AA39 

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Completed Actions 

152. Independent Contractor Status 

Under the Fair Labor Standards Act 

Legal Authority: Fair Labor Standards 

Act, 29 U.S.C. 201 et seq. 

Abstract: The Department of Labor 

issued a final rule, with an effective date 

of March 8, 2021, revising its 

interpretation of is proposing a 

regulation for determining independent 

contractor status under the Fair Labor 

Standards Act. In accordance with the 

Presidential directive as expressed in 

the memorandum of January 20, 2021, 

from the Assistant to the President and 

Chief of Staff, entitled ‘‘Regulatory 

Freeze Pending Review,’’ the 

Department issued a Notice of Proposed 

Rulemaking to delay the effective date 

of the rule until May 7, 2021, to review 

and consider the questions of law, 

policy, and fact raised by the rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/25/20 85 FR 60600 

NPRM Comment 

Period End.

10/26/20 

Final Rule ............ 01/07/21 86 FR 1168 

Proposed Delay 

of Final Rule 

Effective Date.

02/05/21 86 FR 8326 

Proposed Delay 

of Final Rule 

Effective Date 

Comment Period End.

02/24/21 

Final Rule Delay 

of Effective 

Date.

03/04/21 86 FR 12535 

Final Rule Delay 

of Effective 

Date Effective.

05/07/21 

NPRM; Proposal 

to Withdraw.

03/12/21 86 FR 14027 

NPRM; Proposal 

to Withdraw 

Comment Period End.

04/12/21 

Final Rule; Withdrawal.05/06/21 86 FR 24303 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amy DeBisschop, 

Director of the Division of Regulations, 

Legislation and Interpretation, 

Department of Labor, Wage and Hour 

Division, 200 Constitution Avenue NW, 

FP Building, Room S–3502, 

Washington, DC 20210, Phone: 202 693– 

0406. 

RIN: 1235–AA34 

DEPARTMENT OF LABOR (DOL) 

Employment and Training 

Administration (ETA) 

Proposed Rule Stage 

153. Temporary Employment of H–2B 

Foreign Workers in Certain Itinerant 

Occupations in the United States 

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

U.S.C. 1103 

Abstract: The United States 

Department of Labor’s (DOL) 

Employment and Training 

Administration and Wage and Hour 

Division, and the United States 

Department of Homeland Security 

(DHS), U.S. Citizenship and 

Immigration Services, are jointly 

proposing to amend H–2B nonimmigrant visa program regulations at 

20 CFR part 655, subpart A, and 8 CFR 

214. The Notice of Proposed 

Rulemaking (NPRM) would establish 

standards and procedures for employers 

seeking to hire foreign temporary 

nonagricultural workers for certain 

itinerant job opportunities, including 

entertainers and carnivals and utility 

vegetation management. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brian Pasternak, 

Administrator, Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue NW, Office of Foreign Labor 

Certification; Room N–5311, FP 

Building, Washington, DC 20210, 


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Phone: 202 693–8200, Email: 

pasternak.brian@dol.gov. 

RIN: 1205–AB93 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Final Rule Stage 

154. • Requirements Related to Surprise 

Billing, Part 1 

Legal Authority: Pub. L. 116–260, 

Division BB, Title I and Title II 

Abstract: This interim final rule with 

comment would implement certain 

protections against surprise medical 

bills under the No Surprises Act, 

including requirements on group health 

plans, issuers offering group or 

individual health insurance coverage, 

providers, facilities, and providers of air 

ambulance services. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amber Rivers, 

Director, Office of Health Plan 

Standards and Compliance Assistance, 

Department of Labor, Employee Benefits 

Security Administration, 200 

Constitution Avenue NW, Washington, 

DC 20210, Phone: 202 693–8335. 

RIN: 1210–AB99 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Completed Actions 

155. • Fiduciary Duties Regarding 

Proxy Voting and Shareholder Rights 

Legal Authority: 29 U.S.C. 1102 to 

1104; 29 U.S.C. 1135 

Abstract: This regulatory action 

would address the application of the 

prudence and exclusive purpose duties 

under the Employee Retirement Income 

Security Act of 1974 to the exercise of 

shareholder rights, including proxy 

voting, the use of written proxy voting 

policies and guidelines, and the 

selection and monitoring of proxy 

advisory firms. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/04/20 85 FR 55219 

NPRM Comment 

Period End.

10/05/20 

Action Date FR Cite 

Final Rule ............ 12/16/20 85 FR 81658 

Final Rule Effective.01/15/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeffrey J. Turner, 

Deputy Director, Office of Regulations 

and Interpretations, Department of 

Labor, Employee Benefits Security 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

5655, Washington, DC 20210, Phone: 

202 693–8500. 

RIN: 1210–AB91 

156. Financial Factors in Selecting Plan 

Investments 

Legal Authority: 29 U.S.C. 1102 to 

1104; 29 U.S.C. 1135 

Abstract: This regulatory action 

supersedes and replaces the Department 

of Labor’s prior Interpretive Bulletins on 

the application of the fiduciary rules in 

the Employee Retirement Income 

Security Act of 1974 (ERISA) to pension 

plan investments selected because they 

may further collateral economic or 

social benefits in addition to their 

investment returns. The rule protects 

participant and beneficiary interests by 

requiring that plan fiduciaries select 

investments and investment courses of 

action based solely on financial 

considerations relevant to the riskadjusted economic value of a particular 

investment or investment course of 

action. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/30/20 85 FR 39113 

NPRM Comment 

Period End.

07/30/20 

Final Rule ............ 11/13/20 85 FR 72846 

Final Rule Effective.01/12/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeffrey J. Turner, 

Deputy Director, Office of Regulations 

and Interpretations, Department of 

Labor, Employee Benefits Security 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

5655, Washington, DC 20210, Phone: 

202 693–8500. 

RIN: 1210–AB95 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

157. Process Safety Management and 

Prevention of Major Chemical 

Accidents 

Legal Authority: 29 U.S.C. 655; 29 

U.S.C. 657 

Abstract: The Occupational Safety 

and Health Administration (OSHA) 

issued a Request for Information (RFI) 

on December 9, 2013 (78 FR 73756). The 

RFI identified issues related to 

modernization of the Process Safety 

Management standard and related 

standards necessary to meet the goal of 

preventing major chemical accidents. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).12/09/13 78 FR 73756 

RFI Comment Period Extended.03/07/14 79 FR 13006 

RFI Comment Period Extended 

End.

03/31/14 

Initiate SBREFA .. 06/08/15 

SBREFA Report 

Completed.

08/01/16 

Stakeholder Meeting.08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AC82 

158. Emergency Response 

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

U.S.C. 657; 5 U.S.C. 609 

Abstract: OSHA currently regulates 

aspects of emergency response and 

preparedness; some of these standards 

were promulgated decades ago, and 

none were designed as comprehensive 

emergency response standards. 

Consequently, they do not address the 

full range of hazards or concerns 

currently facing emergency responders, 

and other workers providing skilled 

support, nor do they reflect major 

changes in performance specifications 

for protective clothing and equipment. 

The agency acknowledged that current 

OSHA standards also do not reflect all 

the major developments in safety and 

health practices that have already been 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41245 

accepted by the emergency response 

community and incorporated into 

industry consensus standards. OSHA is 

considering updating these standards 

with information gathered through an 

RFI and public meetings. 

Timetable: 

Action Date FR Cite 

Stakeholder Meetings.07/30/14 

Convene 

NACOSH 

Workgroup.

09/09/15 

NACOSH Review 

of Workgroup 

Report.

12/14/16 

Initiate SBREFA .. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AC91 

159. Prevention of Workplace Violence 

in Health Care and Social Assistance 

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

U.S.C. 609 

Abstract: The Request for Information 

(RFI) (published on December 7, 2016 

81 FR 88147)) provides OSHA’s history 

with the issue of workplace violence in 

health care and social assistance, 

including a discussion of the Guidelines 

that were initially published in 1996, a 

2014 update to the Guidelines, the 

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

cases in health care. The RFI solicited 

information primarily from health care 

employers, workers and other subject 

matter experts on impacts of violence, 

prevention strategies, and other 

information that will be useful to the 

agency. OSHA was petitioned for a 

standard preventing workplace violence 

in health care by a broad coalition of 

labor unions, and in a separate petition 

by the National Nurses United. On 

January 10, 2017, OSHA granted the 

petitions. 

Timetable: 

Action Date FR Cite 

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

RFI Comment Period End.04/06/17 

Initiate SBREFA .. 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AD08 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

160. Infectious Diseases 

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

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

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

Abstract: Employees in health care 

and other high-risk environments face 

long-standing infectious disease hazards 

such as tuberculosis (TB), varicella 

disease (chickenpox, shingles), and 

measles, as well as new and emerging 

infectious disease threats, such as 

Severe Acute Respiratory Syndrome 

(SARS), the 2019 Novel Coronavirus 

(COVID–19), and pandemic influenza. 

Health care workers and workers in 

related occupations, or who are exposed 

in other high-risk environments, are at 

increased risk of contracting TB, SARS, 

Methicillin-Resistant Staphylococcus 

Aureus (MRSA), COVID–19, and other 

infectious diseases that can be 

transmitted through a variety of 

exposure routes. OSHA is examining 

regulatory alternatives for control 

measures to protect employees from 

infectious disease exposures to 

pathogens that can cause significant 

disease. Workplaces where such control 

measures might be necessary include: 

health care, emergency response, 

correctional facilities, homeless shelters, 

drug treatment programs, and other 

occupational settings where employees 

can be at increased risk of exposure to 

potentially infectious people. A 

standard could also apply to 

laboratories, which handle materials 

that may be a source of pathogens, and 

to pathologists, coroners’ offices, 

medical examiners, and mortuaries. 

Timetable: 

Action Date FR Cite 

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

RFI Comment Period End.08/04/10 

Analyze Comments.12/30/10 

Action Date FR Cite 

Stakeholder Meetings.07/05/11 76 FR 39041 

Initiate SBREFA .. 06/04/14 

Complete 

SBREFA.

12/22/14 

NPRM .................. 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AC46 

161. Communication Tower Safety 

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

U.S.C. 609 

Abstract: While the number of 

employees engaged in the 

communication tower industry remains 

small, the fatality rate is very high. Over 

the past 20 years, this industry has 

experienced an average fatality rate that 

greatly exceeds that of the construction 

industry. Due to recent FCC spectrum 

auctions and innovations in cellular 

technology, there will be a very high 

level of construction activity taking 

place on communication towers over 

the next few years. A similar increase in 

the number of construction projects 

needed to support cellular phone 

coverage triggered a spike in fatality and 

injury rates years ago. Based on 

information collected from an April 

2016 Request for Information (RFI), 

OSHA concluded that current OSHA 

requirements such as those for fall 

protection and personnel hoisting, may 

not adequately cover all hazards of 

communication tower construction and 

maintenance activities. OSHA will use 

information collected from a Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA) panel to identify 

effective work practices and advances in 

engineering technology that would best 

address industry safety and health 

concerns. The Panel carefully 

considered the issue of the expansion of 

the rule beyond just communication 

towers. OSHA will continue to consider 

also covering structures that have 

telecommunications equipment on or 

attached to them (e.g., buildings, 

rooftops, water towers, billboards). 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).04/15/15 80 FR 20185 


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Action Date FR Cite 

RFI Comment Period End.06/15/15 

Initiate SBREFA .. 01/04/17 

Initiate SBREFA .. 05/31/18 

Complete 

SBREFA.

10/11/18 

NPRM .................. 03/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Ketcham, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW, Room N– 

3468, FP Building, Washington, DC 

20210, Phone: 202 693–2020, Fax: 202 

693–1689, Email: ketcham.scott@

dol.gov. 

RIN: 1218–AC90 

162. Tree Care Standard 

Legal Authority: Not Yet Determined 

Abstract: There is no OSHA standard 

for tree care operations; the agency 

currently applies a patchwork of 

standards to address the serious hazards 

in this industry. The tree care industry 

previously petitioned the agency for 

rulemaking and OSHA issued an 

ANPRM (September 2008). OSHA 

completed a Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

panel in May 2020, collecting 

information from affected small entities 

on a potential standard, including the 

scope of the standard, effective work 

practices, and arboricultural specific 

uses of equipment to guide OSHA in 

developing a rule that would best 

address industry safety and health 

concerns. Tree care continues to be a 

high-hazard industry. 

Timetable: 

Action Date FR Cite 

Stakeholder Meeting.07/13/16 

Initiate SBREFA .. 01/10/20 

Complete 

SBREFA.

05/22/20 

NPRM .................. 04/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Levinson, 

Deputy Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW, FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Email: levinson.andrew@

dol.gov. 

RIN: 1218–AD04 

[FR Doc. 2021–14873 Filed 7–29–21; 8:45 am] 

BILLING CODE 4510–HL–P 


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