Vol. 82 Thursday, 

No. 163 August 24, 2017 

Part XII 

Department of Labor 

Semiannual Regulatory Agenda 

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40314 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / 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: 

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 of Labor is 

withdrawing the only section 610 item 

on the Department of Labor’s Regulatory 

Flexibility Agenda: 

Occupational Safety and Health 

Administration 

Bloodborne Pathogens (RIN 1218–AC34) 

All interested members of the public 

are invited and encouraged to let 

departmental officials know how our 

regulatory efforts can be improved, and 

are invited to participate in and 

comment on the review or development 

of the regulations listed on the 

Department’s agenda. 

Edward C. Hugler, 

Acting Secretary of Labor. 

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

160 .................... Change of Mailing Address for the Benefits Review Board (Section 610 Review) ........................................ 1290–AA32 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

161 .................... Guide or Similar Requirement for Section 408(b)(2) Disclosures ................................................................... 1210–AB53 

162 .................... Definition of the Term Fiduciary—Delay of Applicability Date ......................................................................... 1210–AB79 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

164 .................... Infectious Diseases .......................................................................................................................................... 1218–AC46 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

165 .................... Bloodborne Pathogens (Completion of a Section 610 Review) ...................................................................... 1218–AC34 

166 .................... Combustible Dust ............................................................................................................................................. 1218–AC41 

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

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40315 

DEPARTMENT OF LABOR (DOL) 

Office of the Secretary (OS) 

Final Rule Stage 

160. • Change of Mailing Address for 

the Benefits Review Board (Section 610 

Review) 

Legal Authority: 5 U.S.C. 301; 30 

U.S.C. 901 et seq.; 33 U.S.C. 901 et seq. 

Abstract: The rule amends one section 

of the Benefits Review Board’s 

regulations in order to change the 

mailing address for correspondence and 

legal pleadings sent to the Board. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 12/00/17 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Thomas Shepherd, 

Clerk of the Appellate Boards, 

Department of Labor, Office of the 

Secretary, 200 Constitution Avenue 

NW., Room S–5220, Washington, DC 

20210, Phone: 202 693–6319, Email: 

shepherd.thomas@dol.gov. 

RIN: 1290–AA32 

DEPARTMENT OF LABOR (DOL) 

Employee Benefits Security 

Administration (EBSA) 

Completed Actions 

161. Guide or Similar Requirement for 

Section 408(b)(2) Disclosures 

Legal Authority: 29 U.S.C. 1108(b)(2); 

29 U.S.C. 1135 

Abstract: Paragraph (c) of 29 CFR 

2550.408(b)–2 requires covered service 

providers to make certain disclosures to 

responsible plan fiduciaries in order for 

contracts or arrangements between the 

parties to be considered reasonable 

under section 408(b)(2) of the Employee 

Retirement Income Security Act 

(ERISA). This rulemaking would amend 

the disclosure provisions in paragraph 

(c) so that covered service providers 

may be required to furnish a guide or 

similar tool along with such disclosures. 

A guide or similar requirement may 

assist fiduciaries, especially fiduciaries 

to small and medium-sized plans, in 

identifying and understanding the 

potentially complex disclosure 

documents that are provided to them, or 

if disclosures are located in multiple 

documents. 

EBSA is withdrawing this entry from 

the agenda at this time. Withdrawal of 

an entry does not necessarily mean that 

EBSA will not proceed with the 

rulemaking in the future. Withdrawal 

allows EBSA to assess the subject matter 

further and determine whether 

rulemaking in this area is appropriate. 

Following such an assessment, EBSA 

may determine that rulemaking is 

appropriate. If that determination is 

made, this or a similar matter will be 

included in succeeding semiannual 

agenda. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/12/14 79 FR 13949 

NPRM Comment 

Period End.

06/10/14 

Withdrawn ........... 03/30/17 

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–AB53 

162. • Definition of the Term 

Fiduciary—Delay of Applicability Date 

Legal Authority: 29 U.S.C. 1002 

(ERISA sec 3(21)); 29 U.S.C. 1135 

(ERISA sec 505) 

Abstract: This rulemaking extends for 

60 days the applicability date of the 

final regulation, published on April 8, 

2016, defining who is a ‘‘fiduciary’’ 

under the Employee Retirement Income 

Security Act of 1974 and the Internal 

Revenue Code of 1986. It also extends 

for 60 days the applicability dates of the 

Best Interest Contract Exemption and 

the Class Exemption for Principal 

Transactions in Certain Assets Between 

Investment Advice Fiduciaries and 

Employee Benefit Plans and IRAs. It 

requires that fiduciaries relying on these 

exemptions for covered transactions 

adhere only to the Impartial Conduct 

Standards (including the best ‘‘interest’’ 

standard), as conditions of the 

exemptions during the transition period 

from June 9, 2017, through January 1, 

2018. Thus, the fiduciary definition in 

the rule (Fiduciary Rule or Rule) 

published on April 8, 2016, and 

Impartial Conduct Standards in these 

exemptions, are applicable on June 9, 

2017, while compliance with the 

remaining conditions in these 

exemptions, such as requirements to 

make specific written disclosures and 

representations of fiduciary compliance 

in communications with investors, is 

not required until January 1, 2018. This 

rulemaking also delays the applicability 

of amendments to Prohibited 

Transaction Exemption 84–24 until 

January 1, 2018, other than the Impartial 

Conduct Standards, which will become 

applicable on June 9, 2017. Finally, this 

rulemaking extends for 60 days the 

applicability dates of amendments to 

other previously granted exemptions. 

The President, by Memorandum to the 

Secretary of Labor dated February 3, 

2017, directed the Department of Labor 

to examine whether the Fiduciary Rule 

may adversely affect the ability of 

Americans to gain access to retirement 

information and financial advice, and to 

prepare an updated economic and legal 

analysis concerning the likely impact of 

the Fiduciary Rule as part of that 

examination. The extensions announced 

in this rulemaking are necessary to 

enable the Department to perform this 

examination and to consider possible 

changes with respect to the Fiduciary 

Rule and PTEs based on new evidence 

or analysis developed pursuant to the 

examination. 

Timetable: 

Action Date FR Cite 

Proposed Rule; 

Extension of 

Applicability 

Date.

03/03/17 82 FR 12319 

Proposed Rule 

Comment Period End.

03/17/17 

Final Rule; Delay 

of Applicability 

Date.

04/07/17 82 FR 16902 

Final Rule; Delay 

of Applicability 

Date Effective.

06/09/17 

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, Fax: 202 219–7291. 

RIN: 1210–AB79 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

163. 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 

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40316 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

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. OSHA published a NPRM 

for a comprehensive beryllium standard 

for general industry on August 7, 2015 

(80 FR 47565) and convened an 

informal public hearing on the proposed 

hearings in Washington, DC, on March 

21 and 22, 2016. Following the Agency’s 

review and consideration of comments 

and testimony received on the proposed 

standard, OSHA published final 

comprehensive standards for general 

industry, construction and shipyards on 

January 9, 2017 (82 FR 2470). In 

accordance with the Presidential 

directive as expressed in the 

memorandum of January 20, 2017 from 

the Assistant to the President and Chief 

of Staff entitled ‘‘Regulatory Freeze 

Pending Review,’’ OSHA delayed the 

effective date of the standard to May 20, 

2017, to allow OSHA officials the 

opportunity for further review and 

consideration of the new regulations. 

Based on this review and the comments 

received in response to extending the 

effective date on June 27, 2017. OSHA 

proposed changes to the standards that 

apply to construction and shipyard 

operations. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).11/26/02 67 FR 70707 

RFI Comment Period End.02/24/03 

Action Date FR Cite 

SBREFA Report 

Completed.

01/23/08 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

03/22/10 

Complete Peer 

Review.

11/19/10 

NPRM .................. 08/07/15 80 FR 47565 

NPRM Comment 

Period End.

11/05/15 

Notice of Public 

Hearing; Date 

02/29/2016.

12/30/15 80 FR 81475 

Notice of Public 

Hearing; Date 

Change 03/21/ 

2016.

02/16/16 81 FR 7717 

Final Rule ............ 01/09/17 82 FR 2470 

Final Rule; Delay 

of Effective 

Date.

02/01/17 82 FR 8901 

Final Rule; Proposed Further 

Delay of Effective Date.

03/02/17 82 FR 12318 

Final Rule; Further Delay of 

Effective Date.

03/21/17 82 FR 14439 

Final Rule; Further Delay of 

Effective Date 

Effective.

05/20/17 

NPRM .................. 06/27/17 82 FR 29182 

NPRM Comment 

Period End.

08/28/17 

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., FP Building, 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) 

Long-Term Actions 

164. 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 (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, Methicillinresistant Staphylococcus aureus 

(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 developing 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. 

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 

Stakeholder Meetings.07/05/11 76 FR 39041 

Initiate SBREFA .. 06/04/14 

Complete 

SBREFA.

12/22/14 

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., FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Fax: 202 693–1678, 

Email: perry.bill@dol.gov. 

RIN: 1218–AC46 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40317 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Completed Actions 

165. Bloodborne Pathogens (Completion 

of a 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. OSHA is withdrawing this 

entry from the agenda at this time due 

to resource constraints and other 

priorities. 

Timetable: 

Action Date FR Cite 

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

Notice of Request 

for Comment.

05/14/10 75 FR 27237 

Notice of Request 

for Comment 

Period End.

08/12/10 

Withdrawn ........... 03/30/17 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Amanda Edens, 

Director, Directorate of Technical 

Support and Emergency Management, 

Department of Labor, Occupational 

Safety and Health Administration, 200 

Constitution Avenue NW., FP Building, 

Room N–3653, Washington, DC 20210, 

Phone: 202 693–2300, Fax: 202 693– 

1644, Email: edens.mandy@dol.gov. 

RIN: 1218–AC34 

166. Combustible Dust 

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

U.S.C. 657 

Abstract: Occupational Safety and 

Health Administration (OSHA) has 

initiated rulemaking to develop a 

combustible dust standard for general 

industry. OSHA will use information 

gathered, including from an upcoming 

SBREFA panel, to develop a 

comprehensive standard that addresses 

combustible dust hazards. OSHA is 

withdrawing this entry from the agenda 

at this time due to resource constraints 

and other priorities. 

Timetable: 

Action Date FR Cite 

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

Notice of Stakeholder Meetings.12/14/09 

ANPRM Comment 

Period End.

01/19/10 

Notice of Stakeholder Meetings.03/09/10 75 FR 10739 

Withdrawn ........... 03/30/17 

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., FP Building, Room N– 

3718, Washington, DC 20210, Phone: 

202 693–1950, Fax: 202 693–1678, 

Email: perry.bill@dol.gov. 

RIN: 1218–AC41 

167. Preventing Backover Injuries and 

Fatalities 

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

Abstract: 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 2013, 67 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, and is developing a 

standard to address these hazards. 

OSHA is withdrawing this entry from 

the agenda at this time due to resource 

constraints and other priorities. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).03/29/12 77 FR 18973 

RFI Comment Period End.07/27/12 

Withdrawn ........... 03/30/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dean McKenzie, 

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, Email: mckenzie.dean@dol.gov. 

RIN: 1218–AC51 

[FR Doc. 2017–17060 Filed 8–23–17; 8:45 am] 

BILLING CODE 4510–HL–P 

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