76746 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Unified Agenda 

DEPARTMENT OF LABOR 

Office of the Secretary 

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

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

XVII, and XXV 

30 CFR Ch. I 

41 CFR Ch. 60 

48 CFR Ch. 29 

Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, Labor 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Internet has become the 

means for disseminating the entirety of 

the Department of Labor’s semiannual 

regulatory agenda. However, the 

Regulatory Flexibility Act requires 

publication of a regulatory flexibility 

agenda in the Federal Register. This 

Federal Register Notice contains the 

regulatory flexibility agenda. 

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. There is only one 

item on the Department of Labor’s 

Regulatory Flexibility Agenda: 

Occupational Safety and Health 

Administration 

Bloodborne Pathogens (RIN 1218– 

AC34) 

In addition, the Department’s 

Regulatory Plan, also a subset of the 

Department’s regulatory agenda, is being 

published in the Federal Register. The 

Regulatory Plan contains a statement of 

the Department’s regulatory priorities 

and the regulatory actions the 

Department wants to highlight as its 

most important and significant. 

All interested members of the public 

are invited and encouraged to let 

departmental officials know how our 

regulatory efforts can be improved, and 

are invited to participate in and 

comment on the review or development 

of the regulations listed on the 

Department’s agenda. 

Thomas E. Perez, 

Secretary of Labor. 

WAGE AND HOUR DIVISION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Computer Employees.

1235–AA11 

EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

355 .................... Wage Methodology for the Temporary Non-Agricultural Employment H–2B Program ................................... 1205–AB72 

356 .................... Workforce Innovation and Opportunity Act (Reg Plan Seq No. 96) ............................................................... 1205–AB73 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

358 .................... Infectious Diseases (Reg Plan Seq No. 101) ................................................................................................. 1218–AC46 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

359 .................... Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 102) ........................................................... 1218–AB70 

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

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 


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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Unified Agenda 76747 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

362 .................... Combustible Dust ............................................................................................................................................. 1218–AC41 

363 .................... Injury and Illness Prevention Program ............................................................................................................. 1218–AC48 

364 .................... Preventing Backover Injuries and Fatalities .................................................................................................... 1218–AC51 

DEPARTMENT OF LABOR (DOL) 

Wage and Hour Division (WHD) 

Proposed Rule Stage 

354. Defining and Delimiting the 

Exemptions for Executive, 

Administrative, Professional, Outside 

Sales, and Computer Employees 

Legal Authority: 29 U.S.C. 213(a)(1) 

(Fair Labor Standards Act) 

Abstract: The Fair Labor Standards 

Act (FLSA) section 13(a)(1) provides a 

minimum wage and overtime exemption 

for any employee employed in a bona 

fide executive, administrative, 

professional capacity, or in the capacity 

of an outside salesperson. President 

Barack Obama issued a memorandum to 

the Secretary of Labor on March 13, 

2014, directing the Secretary to 

modernize and streamline the existing 

overtime regulations for executive, 

administrative, and professional 

employees. The Department of Labor 

last updated these regulations in 2004. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Ziegler, 

Director, Division of Regulations, 

Legislation, and Interpretation, 

Department of Labor, 200 Constitution 

Avenue NW., FP Building, Room S– 

3502, Washington, DC 20210, Phone: 

202 693–0406, Fax: 202 693–1387. 

RIN: 1235–AA11 

DEPARTMENT OF LABOR (DOL) 

Employment and Training 

Administration (ETA) 

Proposed Rule Stage 

355. Wage Methodology for the 

Temporary Non-Agricultural 

Employment H–2B Program 

Legal Authority: 8 U.S.C. 

1101(a)(15)(H)(ii(B); 8 U.S.C. 1148(c); 29 

U.S.C. 49k; 8 CFR 214.2(h)(6)(iii) 

Abstract: The Immigration and 

Nationality Act (INA) establishes the H– 

2B visa classification for a nonagricultural temporary worker ‘‘having a 

residence in a foreign country which he 

has no intention of abandoning who is 

coming temporarily to the United States 

to perform . . . temporary [nonagricultural] service or labor if 

unemployed persons capable of 

performing such service or labor cannot 

be found in this country[.]’’ 8 U.S.C. 

1101(a)(15)(H)(ii)(b). The INA also 

requires an importing employer (H–2B 

employer) to petition the Department of 

Homeland Security (DHS) for 

classification of the prospective 

temporary worker as an H–2B 

nonimmigrant, and DHS must approve 

such petition before the beneficiary can 

be considered eligible for an H–2B visa 

or H–2B status. 8 U.S.C. 1184(c)(1). The 

INA further requires DHS to consult 

with ‘‘appropriate agencies of the 

Government’’ before adjudicating an H– 

2B petition, and DHS has determined 

that it must consult with the 

Department of Labor (DOL) to determine 

whether U.S. workers capable of 

performing the temporary services or 

labor are available and that the foreign 

worker’s employment will not adversely 

affect the wages or working conditions 

of similarly employed U.S. workers. 8 

CFR 214.2(h)(6)(iii)(A). DHS’s regulation 

requires H–2B employers to obtain 

certification from DOL that these 

conditions are met prior to submitting a 

petition to DHS. Id. As part of DOL’s 

certification, DHS requires DOL to 

determine the prevailing wage 

applicable to an application for 

temporary labor certification. 8 CFR 

214.2(h)(6)(iii)(D). DOL has established 

procedures to certify whether a 

qualified U.S. worker is available to fill 

the petitioning H–2B employer’s job 

opportunity and whether foreign 

worker’s employment in the job 

opportunity will adversely affect the 

wages or working conditions of 

similarly employed U.S. workers. See 20 

CFR part 655, subpart A. As part of 

DOL’s labor certification process and, 

pursuant to the DHS regulations, 8 CFR 

214.2(h)(6)(iii)(D), DOL sets the wage 

that employers must offer and pay 

foreign workers entering the country on 

an H–2B visa. See 20 CFR 655.10. DOL 

revised the wage methodology used in 

the H–2B program in 2011, and jointly 

with the Department of Homeland 

Security again in 2013. The later action 

was an interim final rule (IFR) in 

response to a court order. However, 

DOL requested and received comments 

on all aspects of the 2013 revisions to 

the H–2B wage methodology in the IFR. 

DOL has determined that further notice 

and comment is appropriate on the 

proper methodology for determining the 

prevailing wage in the H–2B program, 

and will consider comments submitted 

in conjunction with the IFR together 

with comments submitted on this new 

proposal in order to issue a final rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lauren Bernstein, 

Acting Manager, Division of Policy, 

Department of Labor, Employment and 

Training Administration, Office of 

Foreign Labor Certification, 200 

Constitution Avenue NW., Room C– 

4312, FP Building, Washington, DC 


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76748 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Unified Agenda 

20210, Phone: 202 693–3010, Email: 

bernstein.lauren@dol.gov. 

RIN: 1205–AB72 

356. • Workforce Innovation and 

Opportunity Act 

Regulatory Plan: This entry is Seq. 

No. 96 in part II of this issue of the 

Federal Register. 

RIN: 1205–AB73 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

357. Bloodborne Pathogens (Section 610 

Review) 

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

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

Abstract: OSHA will undertake a 

review of the Bloodborne Pathogen 

Standard (29 CFR 1910.1030) in 

accordance with the requirements of the 

Regulatory Flexibility Act and section 5 

of Executive Order 12866. The review 

will consider the continued need for the 

rule; whether the rule overlaps, 

duplicates, or conflicts with other 

Federal, State or local regulations; and 

the degree to which technology, 

economic conditions, or other factors 

may have changed since the rule was 

evaluated. 

Timetable: 

Action Date FR Cite 

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

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

Comment Period 

End.

08/12/10 

End Review and 

Issue Findings.

05/00/15 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Francis Yebesi, 

Acting Director, Directorate of 

Evaluation and Analysis, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., FP Bld, Rm N–3641, 

Washington, DC 20210, Phone: 202 693– 

2400, Fax: 202 693–1641, Email: 

yebesi.francis@dol.gov. 

RIN: 1218–AC34 

358. Infectious Diseases 

Regulatory Plan: This entry is Seq. 

No. 101 in part II of this issue of the 

Federal Register. 

RIN: 1218–AC46 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

359. Occupational Exposure to 

Crystalline Silica 

Regulatory Plan: This entry is Seq. 

No. 102 in part II of this issue of the 

Federal Register. 

RIN: 1218–AB70 

360. Occupational Exposure to 

Beryllium 

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

U.S.C. 657 

Abstract: In 1999 and 2001, OSHA 

was petitioned to issue an emergency 

temporary standard for permissible 

exposure limit (PEL) to beryllium 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 

worksites to assess current exposures 

and control methods being used to 

reduce employee exposures to 

beryllium. OSHA convened a Small 

Business Advocacy Review Panel under 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

and completed the SBREFA Report in 

January 2008. OSHA also completed a 

scientific peer review of its draft risk 

assessment. 

Timetable: 

Action Date FR Cite 

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

Request For Information Comment Period 

End.

02/24/03 

SBREFA Report 

Completed.

01/23/08 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

03/22/10 

Action Date FR Cite 

Complete Peer 

Review.

11/19/10 

NPRM .................. 01/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AB76 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Final Rule Stage 

361. Confined Spaces in Construction 

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

U.S.C. 333 

Abstract: In 1993, OSHA issued a rule 

to protect employees who enter 

confined spaces while engaged in 

general industry work (29 CFR 

1910.146). This standard has not been 

extended to cover employees entering 

confined spaces while engaged in 

construction work because of unique 

characteristics of construction work 

sites. Pursuant to discussions with the 

United Steel Workers of America that 

led to a settlement agreement regarding 

the general industry standard, OSHA 

agreed to issue a proposed rule to 

protect construction workers in 

confined spaces. 

Timetable: 

Action Date FR Cite 

SBREFA Panel 

Report.

11/24/03 

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

NPRM Comment 

Period End.

01/28/08 

NPRM Comment 

Period Extended.

02/28/08 73 FR 3893 

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

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

Final Rule ............ 03/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Maddux, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, FP 

Building, Room N–3468, 200 

Constitution Avenue NW., Washington, 

DC 20210, Phone: 202 693–2020, Fax: 


tkelley on DSK3SPTVN1PROD with PROPOSALS 12
Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Unified Agenda 76749 

202 693–1689, Email: maddux.jim@

dol.gov. 

RIN: 1218–AB47 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Long-Term Actions 

362. Combustible Dust 

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

U.S.C. 657 

Abstract: Occupational Safety and 

Health Administration (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 Effects of Fire and 

Explosions.’’ Additionally, OSHA 

implemented a Combustible Dust 

National Emphasis Program (NEP) on 

March 11, 2008, launched a new Web 

page, and issued several other guidance 

documents. 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, 

and an expert forum was convened on 

May 13, 2011. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/21/09 74 FR 54333 

Stakeholder Meetings.12/14/09 

ANPRM Comment 

Period End.

01/19/10 

Stakeholder Meetings.02/17/10 

Stakeholders 

Meetings.

03/09/10 75 FR 10739 

Initiate SBREFA .. 02/00/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AC41 

363. Injury and Illness Prevention 

Program 

Legal Authority: 29 U.S.C. 653; 29 

U.S.C. 655(b); 29 U.S.C. 657 

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 to 

3916), published in 1989. An injury and 

illness prevention program 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. 

Timetable: 

Action Date FR Cite 

Stakeholder 

Meetings.

06/03/10 75 FR 35360 

and 75 FR 

23637 

Initiate 

SBREFA.

01/06/12 

NPRM ............. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Director, Directorate of Standards and 

Guidance, Department of Labor, 

Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AC48 

364. Preventing Backover Injuries and 

Fatalities 

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

Abstract: OSHA published an RFI (77 

FR 18973; March 29, 2012) that sought 

information on two subjects: 1) 

Preventing backover injuries; and 2) the 

hazards and risks of reinforcing concrete 

operations in construction, including 

post-tensioning. Backing vehicles and 

equipment are common causes of 

struck-by injuries and can also cause 

caught-between injuries when backing 

vehicles and equipment pin a worker 

against an object. Struck-by injuries and 

caught-between injuries are two of the 

four leading causes of workplace 

fatalities. The Bureau of Labor Statistics 

reports that in 2011, 75 workers were 

fatally backed over while working. 

While many backing incidents can 

prove to be fatal, workers can suffer 

severe, non-fatal injuries as well. A 

review of OSHA’s Integrated 

Management Information System (IMIS) 

database found that backing incidents 

can result in serious injury to the back 

and pelvis, fractured bones, 

concussions, amputations, and other 

injuries. Emerging technologies in the 

field of backing operations may prevent 

incidents. The technologies include 

cameras and proximity detection 

systems. The use of spotters and 

internal traffic control plans can also 

make backing operations safer. The 

Agency has held stakeholder meetings 

on backovers, and is conducting site 

visits to employers. 

Timetable: 

Action Date FR Cite 

Request for Information.03/29/12 77 FR 18973 

Comment Period 

End.

07/27/12 

Initiate SBREFA .. 06/00/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Maddux, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, FP 

Building, Room N–3468, 200 

Constitution Avenue NW., Washington, 

DC 20210, Phone: 202 693–2020, Fax: 

202 693–1689, Email: 

maddux.jim@dol.gov. 

RIN: 1218–AC51 

[FR Doc. 2014–28971 Filed 12–19–14; 8:45 am] 

BILLING CODE 4510–04–P 


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Vol. 79 Monday, 

No. 245 December 22, 2014 

Part XIII 

Department of Transportation 

Semiannual Regulatory Agenda 


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