Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 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
 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-AB91156
Financial Factors in Selecting Plan Investments
1210-AB95
 
 
 Occupational Safety and Health Administration—Prerule Stage
Sequence No.
Title
Regulation Identifier No.157
Process Safety Management and Prevention of Major Chemical Accidents
1218-AC82158
Emergency Response
1218-AC91159
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-AC46161
Communication Tower Safety
1218-AC90162
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 CiteNext 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 CiteNPRM
09/25/20
85 FR 60600NPRM Comment Period End
10/26/20Final Rule
01/07/21
86 FR 1168Proposed Delay of Final Rule Effective Date
02/05/21
86 FR 8326Proposed Delay of Final Rule Effective Date Comment Period End
02/24/21Final Rule Delay of Effective Date
03/04/21
86 FR 12535Final Rule Delay of Effective Date Effective
05/07/21NPRM; Proposal to Withdraw
03/12/21
86 FR 14027NPRM; Proposal to Withdraw Comment Period End
04/12/21Final 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 non-immigrant 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 CiteNPRM
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, ( print page 41244)
            *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 CiteInterim 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 CiteNPRM
09/04/20
85 FR 55219NPRM Comment Period End
10/05/20Final Rule
12/16/20
85 FR 81658Final 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 risk-adjusted economic value of a particular investment or investment course of action. *Timetable:* Action
Date
FR CiteNPRM
06/30/20
85 FR 39113NPRM Comment Period End
07/30/20Final Rule
11/13/20
85 FR 72846Final 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 CiteRequest for Information (RFI)
12/09/13
78 FR 73756RFI Comment Period Extended
03/07/14
79 FR 13006RFI Comment Period Extended End
03/31/14Initiate SBREFA
06/08/15SBREFA Report Completed
08/01/16Stakeholder 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 ( print page 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 CiteStakeholder Meetings
07/30/14Convene NACOSH Workgroup
09/09/15NACOSH Review of Workgroup Report
12/14/16Initiate 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 CiteRequest for Information (RFI)
12/07/16
81 FR 88147RFI Comment Period End
04/06/17Initiate 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 CiteRequest for Information (RFI)
05/06/10
75 FR 24835RFI Comment Period End
08/04/10Analyze Comments
12/30/10Stakeholder Meetings
07/05/11
76 FR 39041Initiate SBREFA
06/04/14Complete SBREFA
12/22/14NPRM
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 CiteRequest for Information (RFI)
04/15/15
80 FR 20185( print page 41246)RFI Comment Period End
06/15/15Initiate SBREFA
01/04/17Initiate SBREFA
05/31/18Complete SBREFA
10/11/18NPRM
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 CiteStakeholder Meeting
07/13/16Initiate SBREFA
01/10/20Complete SBREFA
05/22/20NPRM
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