[April 30, 2007 (Volume 72, Number 82)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua070413.wais]
[Page 22828-22871]
Department of Labor
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Part XIII
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Semiannual Regulatory Agenda
[[Page 22828]]
DEPARTMENT OF LABOR (DOL)
_______________________________________________________________________
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: This document sets forth the Department's semiannual agenda of
regulations that have been selected for review or development during
the coming year. The Department's agencies have carefully assessed
their available resources and what they can accomplish in the next 12
months and have adjusted their agendas accordingly.
The agenda complies with the requirements of both Executive
Order 12866 and the Regulatory Flexibility Act. The agenda lists
all regulations that are expected to be under review or development
between April 2007 and April 2008, as well as those completed
during the past 6 months.
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 and the Regulatory
Flexibility Act require the semiannual publication in the Federal
Register of an agenda of regulations. As permitted by law, the
Department of Labor is combining the publication of its agendas under
the Regulatory Flexibility Act and Executive Order 12866.
Executive Order 12866 became effective September 30, 1993,
and, in substance, requires the Department of Labor to publish an
agenda listing all the regulations it expects to have under active
consideration for promulgation, proposal, or review during the
coming 1-year period. The focus of all departmental regulatory
activity will be on the development of effective rules that advance
the Department's goals and that are understandable and usable to
the employers and employees in all affected workplaces.
The Regulatory Flexibility Act, which became effective on
January 1, 1981, requires the Department of Labor to publish an
agenda, listing all the regulations it expects to propose or
promulgate that are likely to have a ``significant economic impact
on a substantial number of small entities'' (5 U.S.C. 602).
The Regulatory Flexibility Act (under section 610) also
requires agencies to periodically review rules ``which have or will
have a significant economic impact upon a substantial number of
small entities'' and to annually publish a list of the rules that
will be reviewed during the succeeding 12 months. The purpose of
the review is to determine whether the rule should be continued
without change, amended, or rescinded.
The next 12-month review list for the Department of Labor is
provided below, and public comment is invited on the listing. A
brief description of each rule, the legal basis for the rule, and
the agency contact are provided with each agenda item.
Occupational Safety and Health Administration
Excavations (RIN 1218-AC02)
Lead in Construction (RIN 1218-AC18)
Methylene Chloride (RIN 1218-AC23)
Employee Benefits Security Administration
Plan Assets-Participant Contributions Regulations (RIN 1210-
AB11)
All interested members of the public are invited and
encouraged to let departmental officials know how our regulatory
efforts can be improved, and, of course, to participate in and
comment on the review or development of the regulations listed on
the agenda.
Elaine L. Chao,
Secretary of Labor.
Employment Standards Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1759 Child Labor Regulations, Orders, and Statements of Interpretation..................... 1215-AB44
----------------------------------------------------------------------------------------------------------------
Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1760 Amendments to the Fair Labor Standards Act............................................ 1215-AB13
1761 Service Contract Act Health and Welfare Benefits...................................... 1215-AB56
1762 Child Labor Regulations, Orders, and Statements of Interpretation..................... 1215-AB57
1763 Amendment to the Interpretive Guidelines Governing the Employee Protective Provisions 1215-AB58
of the Federal Transit Act............................................................
1764 Government Contractors, Affirmative Action Requirements, Revision of the Employer 1215-AB59
Information Report (EEO-1 Report).....................................................
----------------------------------------------------------------------------------------------------------------
[[Page 22829]]
Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1765 Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors 1215-AB46
Regarding Disabled, Recently Separated, Other Protected, and Armed Forces Service
Medal Veterans........................................................................
1766 Labor Organization Officer and Employee Reports....................................... 1215-AB49
----------------------------------------------------------------------------------------------------------------
Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1767 Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H- 1215-AB09
1B Visas in Specialty Occupations and as Fashion Models...............................
1768 Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision 1215-AB35
----------------------------------------------------------------------------------------------------------------
Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1769 Claims for Compensation Under the Energy Employees Occupational Illness Compensation 1215-AB51
Program Act of 2000, as Amended.......................................................
1770 The Black Lung Benefits Act of 1969, as Amended....................................... 1215-AB60
----------------------------------------------------------------------------------------------------------------
Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1771 Disclosure of State Unemployment Compensation Wage Record Information................. 1205-AB45
1772 Senior Community Service Employment Program........................................... 1205-AB48
1773 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations... 1205-AB50
1774 Federal-State Unemployment Compensation Program; Interstate Arrangement for Combining 1205-AB51
Employment and Wages..................................................................
----------------------------------------------------------------------------------------------------------------
Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1775 Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States.... 1205-AB36
1776 Labor Certification for the Permanent Employment of Aliens in the United States; 1205-AB42
Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program
Integrity.............................................................................
1777 Labor Conditions Applications for E-3 Visas in Specialty Occupations for Australian 1205-AB43
Nonimmigrants.........................................................................
1778 Senior Community Service Employment Program; Performance Accountability............... 1205-AB47
1779 Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as 1205-AB52
Registered Nurses; Final Rule.........................................................
----------------------------------------------------------------------------------------------------------------
Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1780 Revision to the Department of Labor Benefit Regulations for Trade Adjustment 1205-AB32
Assistance for Workers Under the Trade Act of 1974, as Amended........................
1781 Alternative Trade Adjustment Assistance Benefits; Amendment of Regulations............ 1205-AB40
[[Page 22830]]
1782 Revision of the Department of Labor Regulations for Petitions and Determinations of 1205-AB44
Eligibility to Apply for Trade Adjustment Assistance for Workers......................
1783 Workforce Investment Act Amendments................................................... 1205-AB46
1784 YouthBuild Program.................................................................... 1205-AB49
----------------------------------------------------------------------------------------------------------------
Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1785 Federal-State Unemployment Compensation Program; Eligibility.......................... 1205-AB41
----------------------------------------------------------------------------------------------------------------
Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1786 Amendment of Regulation Relating to Definition of Plan Assets--Participant 1210-AB02
Contributions.........................................................................
1787 Amendment of Section 404(c) Regulation--Disclosure.................................... 1210-AB07
1788 Amendment of Standards Applicable to General Statutory Exemption for Services......... 1210-AB08
1789 Prohibited Transaction Exemption for Provision of Investment Advice to Participants in 1210-AB13
Individual Account Plans..............................................................
1790 Selection of Annuity Provider for Individual Account Plans............................ 1210-AB19
1791 Periodic Pension Benefit Statements................................................... 1210-AB20
----------------------------------------------------------------------------------------------------------------
Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1792 Regulations Implementing the Health Care Access, Portability, and Renewability 1210-AA54
Provisions of the Health Insurance Portability and Accountability Act of 1996.........
1793 Health Care Standards for Mothers and Newborns........................................ 1210-AA63
1794 Revision of the Form 5500 Series and Implementing Regulations......................... 1210-AB06
1795 Section 404 Regulation--Default Investment Alternatives Under Participant Directed 1210-AB10
Individual Account Plans..............................................................
1796 Proposed Revision of Annual Information Return/Reports................................ 1210-AB14
1797 Time and Order of Issuance of Domestic Relations Orders............................... 1210-AB15
1798 Amendments to Safe Harbor for Distributions from Terminated Individual Account Plans 1210-AB16
and Termination of Abandoned Individual Account Plans to Require Inherited IRAs for
Missing Nonspouse Beneficiaries.......................................................
1799 Statutory Exemption for Cross-Trading of Securities................................... 1210-AB17
1800 Annual Funding Notice for Defined Benefit Plans....................................... 1210-AB18
1801 Multi Employer Plan Information Made Available on Request............................. 1210-AB21
1802 Amendment to Interpretive Bulletin 95-1............................................... 1210-AB22
----------------------------------------------------------------------------------------------------------------
Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1803 Adequate Consideration................................................................ 1210-AA15
1804 Independence of Accountant............................................................ 1210-AB09
1805 Plan Assets-Participant Contributions Regulation (Section 610 Review)................. 1210-AB11
----------------------------------------------------------------------------------------------------------------
[[Page 22831]]
Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1806 Prohibiting Discrimination Against Participants and Beneficiaries Based on Health 1210-AA77
Status................................................................................
1807 Prohibited Transaction Exemption for Provision of Investment Advice to Individual 1210-AB12
Retirement and Similar Plans..........................................................
----------------------------------------------------------------------------------------------------------------
Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1808 Fire Extinguishers in Underground Coal Mines.......................................... 1219-AB40
1809 Sealing of Abandoned Areas............................................................ 1219-AB52
1810 Mine Rescue Teams..................................................................... 1219-AB53
1811 Diesel Particulate Matter: Conversion Factor from Total Carbon to Elemental Carbon.... 1219-AB55
----------------------------------------------------------------------------------------------------------------
Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1812 High-Voltage Continuous Mining Machine Standard for Underground Coal Mines............ 1219-AB34
----------------------------------------------------------------------------------------------------------------
Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1813 Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance 1219-AB14
Sampling for Respirable Dust..........................................................
1814 Determination of Concentration of Respirable Coal Mine Dust........................... 1219-AB18
1815 Asbestos Exposure Limit............................................................... 1219-AB24
1816 Respirable Crystalline Silica Standard................................................ 1219-AB36
1817 Revising Electrical Product Approval Regulations...................................... 1219-AB37
1818 Field Modifications of Permissible Mobile Diesel-Powered Equipment.................... 1219-AB39
1819 Use of or Impairment From Alcohol and Other Drugs on Mine Property.................... 1219-AB41
1820 Equivalency Evaluation of the U.S. Environmental Protection Agency's Nonroad Diesel 1219-AB43
Engine Standards......................................................................
1821 Continuous Personal Dust Monitors..................................................... 1219-AB48
----------------------------------------------------------------------------------------------------------------
Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1822 Emergency Mine Evacuation............................................................. 1219-AB46
1823 Criteria and Procedures for Proposed Assessment of Civil Penalties.................... 1219-AB51
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1824 Occupational Exposure to Crystalline Silica........................................... 1218-AB70
1825 Occupational Exposure to Beryllium.................................................... 1218-AB76
1826 Ionizing Radiation.................................................................... 1218-AC11
1827 Emergency Response and Preparedness................................................... 1218-AC17
1828 Lead in Construction (Section 610 Review)............................................. 1218-AC18
[[Page 22832]]
1829 Revision and Update of Standards for Power Presses.................................... 1218-AC22
1830 Methylene Chloride (Section 610 Review)............................................... 1218-AC23
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1831 Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in 1218-AB47
Confined Spaces.......................................................................
1832 General Working Conditions for Shipyard Employment.................................... 1218-AB50
1833 Cranes and Derricks................................................................... 1218-AC01
1834 Updating OSHA Standards Based on National Consensus Standards......................... 1218-AC08
1835 Explosives............................................................................ 1218-AC09
1836 Standards Improvement................................................................. 1218-AC19
1837 Hazard Communication.................................................................. 1218-AC20
1838 Nationally Recognized Testing Laboratories Fee Schedule - Revised Approach............ 1218-AC27
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1839 Longshoring and Marine Terminals (Parts 1917 and 1918)--Reopening of the Record 1218-AA56
(Vertical Tandem Lifts (VTLs))........................................................
1840 Electric Power Transmission and Distribution; Electrical Protective Equipment......... 1218-AB67
1841 Employer Payment for Personal Protective Equipment.................................... 1218-AB77
1842 Procedures for Handling Discrimination Complaints Under Federal Employee Protection 1218-AC25
Statutes..............................................................................
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1843 Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips, 1218-AB80
and Fall Prevention)..................................................................
1844 Hearing Conservation Program for Construction Workers................................. 1218-AB89
----------------------------------------------------------------------------------------------------------------
Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1845 Revision and Update of Subpart S--Electrical Standards................................ 1218-AB95
1846 Excavations (Section 610 Review)...................................................... 1218-AC02
1847 NFPA Standards in Shipyard Fire Protection............................................ 1218-AC16
1848 Notice on Supplier's Declaration of Conformity (SDoC)................................. 1218-AC21
----------------------------------------------------------------------------------------------------------------
Office of the Assistant Secretary for Veterans' Employment and Training--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
1849 Jobs for Veterans Act of 2002: Contract Threshold and Eligibility Groups for Federal 1293-AA12
Contractor Program....................................................................
----------------------------------------------------------------------------------------------------------------
[[Page 22833]]
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________
1759. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION
Priority: Other Significant
Legal Authority: 29 USC 203(1)
CFR Citation: 29 CFR 570
Legal Deadline: None
Abstract: The Department of Labor is considering possible revisions to
the hazardous occupations orders that may be undertaken to address
recommendations of the National Institute for Occupational Safety and
Health (NIOSH) in its May 2002 report to the Department on the Fair
Labor Standards Act child labor regulations (available at http://
www.youthrules.dol.gov/resources.htm). This Advance Notice of Proposed
Rulemaking seeks additional data and public input to supplement the
conclusions and recommendations on certain of the Hazardous Orders
contained in the NIOSH report for consideration in subsequent
rulemaking actions that may be undertaken. This Advance Notice of
Proposed Rulemaking is related to a separate Notice of Proposed
Rulemaking (see Related RIN: 1215-AB57).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Local, State
URL For Public Comments:
www.regulations.gov
Agency Contact: Paul DeCamp, Administrator, Wage and Hour Division,
Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
Related RIN: Related to 1215-AB57
RIN: 1215-AB44
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________
1760. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT
Priority: Other Significant
Legal Authority: 29 USC 201 et seq; PL 104-188, sec 2101 to 2105
CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 541; 29 CFR 778; 29 CFR 785;
29 CFR 790; 29 CFR 870; 41 CFR 50 to 202
Legal Deadline: None
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 PA
amendment excludes (under certain circumstances) from compensable
``hours worked'' the time spent by an employee in home-to-work travel
in an employer-provided vehicle. The FLSA amendments: (1) Increased the
$4.25 Federal minimum hourly wage in two steps to $5.15 on September 1,
1997; (2) provided a $4.25 subminimum wage for youth under age 20 in
their first 90 calendar days of employment with an employer; (3) set
the employer's direct wage payment obligation for tipped employees at
$2.13 per hour (provided such employees receive the balance of the full
minimum wage in tips); and (4) set the hourly compensation requirements
at no less than $27.63 per hour for certain exempt professional
employees in computer-related occupations. 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 (December
9, 1999), 113 stat. 1731, and Public Law 106-202 (May 18, 2000), 114
stat. 308.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal, Local, State
URL For Public Comments:
www.regulations.gov
Agency Contact: Paul DeCamp, Administrator, Wage and Hour Division,
Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB13
_______________________________________________________________________
1761. SERVICE CONTRACT ACT HEALTH AND WELFARE BENEFITS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 41 USC 351; 41 USC 38; 41 USC 39; 5 USC 301
CFR Citation: 29 CFR 4
Legal Deadline: None
Abstract: The Department of Labor will seek public input on methods for
federal service contractors to meet the health and welfare fringe
benefit component required under prevailing wage determinations issued
pursuant to the McNamara-O'Hara Service Contract Act.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Agency Contact: Paul DeCamp, Administrator, Wage and Hour Division,
Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB56
[[Page 22834]]
_______________________________________________________________________
1762. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION
Priority: Other Significant
Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)
CFR Citation: 29 CFR 570
Legal Deadline: None
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 proposed 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). This
Notice of Proposed Rulemaking is related to a separate Advance Notice
of Proposed Rulemaking (see related RIN: 1215-AB44) that requests
additional data and public input to supplement the conclusions and
recommendations on certain of the HOs contained in the NIOSH report for
consideration in additional possible revisions that may be undertaken
in subsequent rulemaking actions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Local, State
Agency Contact: Paul DeCamp, Administrator, Wage and Hour Division,
Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB57
_______________________________________________________________________
1763. AMENDMENT TO THE INTERPRETIVE GUIDELINES GOVERNING THE EMPLOYEE
PROTECTIVE PROVISIONS OF THE FEDERAL TRANSIT ACT
Priority: Substantive, Nonsignificant
Legal Authority: PL 109-59; 119 Stat 1144; 49 USC 5333(b)
CFR Citation: 29 CFR 215
Legal Deadline: None
Abstract: Pursuant to Section 5333(b) of the Federal Transit law, the
Department of Labor (Department) must certify, as a condition of
certain grants of Federal financial assistance, fair and equitable
labor protective provisions to protect the interests of employees
affected by such Federal assistance. The Department administers this
program through guidelines set forth at 29 CFR part 215. The
Department's proposed changes conform the guidelines to recently
enacted Federal legislation, in particular, sections 3013(h) and 3031
of the Safe, Accountable, Flexible, and Efficient Transportation Equity
Act -- A Legacy for Users (Pub. L. No. 109-59, 119 Stat. 1144 (2005))
(SAFETEA-LU). In addition to changes mandated by statute, the
Department also proposes revisions to the guidelines that will enhance
the speed and efficiency of the Department's processing of grant
certifications. The proposed revisions to existing procedures for
processing grant application under Federal transit law will ensure
timely certification in a predictable manner, and will remain
consistent with the transit law's statutory objectives.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Ann Comer, Chief, Division of Statutory Programs,
Department of Labor, Employment Standards Administration, Room N5112,
200 Constitution Avenue NW., Washington, DC 20210
Phone: 202 693-1193
Email: comer.ann@dol.gov
RIN: 1215-AB58
_______________________________________________________________________
1764. GOVERNMENT CONTRACTORS, AFFIRMATIVE ACTION REQUIREMENTS, REVISION
OF THE EMPLOYER INFORMATION REPORT (EEO-1 REPORT)
Priority: Other Significant
Legal Authority: EO 11246, as amended
CFR Citation: 41 CFR 60-2; 41 CFR 60-4; 41 CFR 60-50
Legal Deadline: None
Abstract: This proposed rule would amend certain sections of the Office
of Federal Contract Compliance Programs (OFCCP) regulations to
correspond to the new Employer Information Report (EEO-1 Report), as
published in the Federal Register on November 28, 2005 (70 FR 71294)
(EEO-1 Notice). The new EEO-1 Report contains revised racial and ethnic
categories and job categories.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lynn Clements, Acting Director, Division of Policy,
Planning and Program Development, OFCCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N3422, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: ofccp-public@dol.gov
RIN: 1215-AB59
[[Page 22835]]
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________
1765. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF
CONTRACTORS AND SUBCONTRACTORS REGARDING DISABLED, RECENTLY SEPARATED,
OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS
Priority: Other Significant
Legal Authority: 38 USC 4211 to 4212; 29 USC 793; EO 11758
CFR Citation: 41 CFR 60 to 300
Legal Deadline: None
Abstract: The Office of Federal Contract Compliance Programs (OFCCP)
proposes to create a new regulation implementing the Vietnam Era
Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, to conform
to the Jobs for Veterans Act (JVA). JVA amended VEVRAA in four ways.
First, JVA raised contract coverage from $25,000 to $100,000. Second,
JVA granted VEVRAA protection to a new group of veterans: Those who,
while serving on active duty in the Armed Forces, participated in a
United States military operation for which an Armed Forces Service
Medal was awarded pursuant to Executive Order 12985. Third, JVA changed
the definition of ``recently separated veteran'' to include ``any
veteran during the three-year period beginning on the date of such
veteran's discharge or release from active duty.'' Fourth, JVA changed
``Special Disabled Veterans'' to ``Disabled Veterans,'' expanding the
coverage to conform to 38 USC section 4211(3). This proposal will also
increase the AAP threshold from $50,000 to $100,000 and will make other
changes to the regulations. The VEVRAA Final Rule implementing the
Veterans Employment Opportunities Act of 1998 and Veterans Benefits
Health Care Improvement Act of 2000 at 41 CFR 60 to 250 is RIN 1215-
AB24.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/20/06 71 FR 3351
NPRM Comment Period End 03/28/06
Final Action 06/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Lynn Clements, Acting Director, Division of Policy,
Planning and Program Development, OFCCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N3422, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: ofccp-public@dol.gov
Related RIN: Related to 1215-AB24
RIN: 1215-AB46
_______________________________________________________________________
1766. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
Priority: Other Significant
Legal Authority: 29 USC 432 ; 29 USC 438
CFR Citation: 29 CFR 404.3
Legal Deadline: None
Abstract: This rulemaking action will revise Form LM-30, the report
filed by labor organization officers and employees who have engaged in
certain transactions or received certain payments from employers and
businesses. The proposed revision would clarify a number of ambiguities
in the current instructions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/29/05 70 FR 51166
NPRM Comment Period End 10/28/05
NPRM Comment Period Extended to
01/26/2006 10/24/05 70 FR 61400
Final Action 06/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
URL For More Information:
www.olms.dol.gov
Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports and
Disclosure, Office of Labor-Management Standards, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: olms-public@dol.gov
RIN: 1215-AB49
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Employment Standards Administration (ESA)
_______________________________________________________________________
1767. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING
NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION
MODELS
Priority: Other Significant
Legal Authority: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(b); 8 USC
1182(n); 8 USC 1184; PL 102-232; PL 105-277
CFR Citation: 20 CFR 655, subparts H and I
Legal Deadline: None
Abstract: The H-1B visa program of the Immigration and Nationality Act
allows employers to temporarily employ nonimmigrants admitted into the
United States under the H-1B visa category in specialty occupations and
as fashion models, under specified labor conditions. An employer must
file a labor condition application with the Department of Labor before
the U. S. Citizenship and Immigration Services may approve a petition
to employ a foreign worker on an H-1B visa. The Department's Employment
and Training Administration administers the labor condition application
process; the Wage and Hour Division of the Department's Employment
Standards Administration handles complaints and investigations
regarding labor condition applications. The Department published a
proposed rule on January 5, 1999, in response to statutory changes in
the H-1B program made by the American Competitiveness and Workforce
Improvement Act of 1998 (title IV, Pub. L. 105-277; October 21, 1998).
Those changes placed additional obligations on ``H-1B-dependent''
employers (generally, those with work forces comprised of more than 15
percent H-1B workers) and on willful violators.
[[Page 22836]]
These employers must recruit for U.S. workers, hire U.S. workers who
are at least as qualified as H-1B workers, and not displace U.S.
workers by hiring H-1B workers or placing them at another employer's
job site. The 1998 amendments also imposed additional obligations on
all H-1B employers, such as offering benefits to H-1B workers on the
same basis and according to the same criteria as offered to U.S.
workers, and payment to H-1B workers during periods they are not
working for an employment-related reason. The 1999 proposed rule also
requested further public comment on earlier proposed provisions
published in October 1995, and on particular interpretations of the
statute and of the existing regulations which the Department proposed
to incorporate into the regulations. Since publishing the proposed
rule, Congress enacted further amendments to the H-1B provisions under
the American Competitiveness in the Twenty-First Century Act of 2000
(Pub. L. 106-313; October 17, 2000), the Immigration and Nationality
Act--Amendments (Pub. L. 106-311; October 17, 2000), and section 401 of
the Visa Waiver Permanent Program Act (Pub. L. 106-396; October 30,
2000).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/31/95 60 FR 55339
NPRM Comment Period End 11/30/95
NPRM 01/05/99 64 FR 628
NPRM Comment Period End 02/04/99
Interim Final Rule 12/20/00 65 FR 80110
Interim Final Rule Effective 01/19/01
Interim Final Rule Comment
Period End 04/23/01 66 FR 10865
Final Action To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal
Additional Information: On December 20, 2000, the Department published
an Interim Final Rule to implement the recent amendments and clarify
the existing rules, and requested further public comment on those
provisions.
On December 8, 2004, Congress enacted the H-1B Visa Reform Act of 2004
as part of the Consolidated Appropriations Act of 2005 (Pub. L. 108-
447, 188 stat. 2809, division J, title IV, subtitle B (December 8,
2004)), which reinstated (effective March 8, 2005) certain attestation
requirements for H-1B dependent employers and employers found to have
committed willful violations or misrepresentations of material facts
during the 5-year period prior to filing the H-1B Labor Condition
Application.
Agency Contact: Paul DeCamp, Administrator, Wage and Hour Division,
Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB09
_______________________________________________________________________
1768. FAMILY AND MEDICAL LEAVE ACT OF 1993; CONFORM TO THE SUPREME
COURT'S RAGSDALE DECISION
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 2654
CFR Citation: 29 CFR 825
Legal Deadline: None
Abstract: The U.S. Supreme Court, in Ragsdale v. Wolverine World Wide,
Inc., 122 S. Ct. 1155 (2002), invalidated regulatory provisions issued
under the Family and Medical Leave Act (FMLA) pertaining to the effects
of an employer's failure to timely designate leave that is taken by an
employee as being covered by the FMLA. The Department intends to
request information on the FMLA regulations.
Statement of Need: The FMLA requires covered employers to grant
eligible employees up to 12 workweeks of unpaid, job-protected leave a
year for specified family and medical reasons, and to maintain group
health benefits during the leave as if the employees continued to work
instead of taking leave. When an eligible employee returns from FMLA
leave, the employer must restore the employee to the same or an
equivalent job with equivalent pay, benefits, and other conditions of
employment. FMLA makes it unlawful for an employer to interfere with,
restrain, or deny the exercise of any right provided by the FMLA.
The FMLA regulations require employers to designate if an employee's
use of leave is counting against the employee's FMLA leave entitlement,
and to notify the employee of that designation (29 CFR 825.208).
Section 825.700(a) of the regulations provides that if an employee
takes paid or unpaid leave and the employer does not designate the
leave as FMLA leave, the leave taken does not count against the
employee's 12 weeks of FMLA leave entitlement.
On March 19, 2002, the U.S. Supreme Court issued its decision in
Ragsdale v. Wolverine World Wide, Inc., 122 S. Ct. 1155 (2002). In that
decision, the Court invalidated regulatory provisions pertaining to the
effects of an employer's failure to timely designate leave that is
taken by an employee as being covered by the FMLA. The Court ruled that
29 CFR 825.700(a) was invalid absent evidence that the employer's
failure to designate the leave as FMLA leave interfered with the
employee's exercise of FMLA rights. The Department is requesting
information to address issues raised by this and other judicial
decisions.
Summary of Legal Basis: This rule is issued pursuant to section 404 of
the Family and Medical Leave Act, 29 U.S.C. 2654.
Alternatives: After completing a review and analysis of the Supreme
Court's decision in Ragsdale and other judicial decisions, regulatory
alternatives may be developed for notice-and-comment rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
RFI 12/01/06 71 FR 69504
RFI Comment Period End 02/16/07 72 FR 3775
Next Action Undetermined
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Paul DeCamp, Administrator, Wage and Hour Division,
Department of Labor, Employment Standards Administration, 200
Constitution Avenue NW., FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302
RIN: 1215-AB35
[[Page 22837]]
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Employment Standards Administration (ESA)
_______________________________________________________________________
1769. CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 42 USC 7384d(a); 42 USC 7385s-10(e); EO 13179
CFR Citation: 20 CFR 1; 20 CFR 30
Legal Deadline: None
Abstract: The regulations govern how the Office of Workers'
Compensation Programs (OWCP) administers the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended
(EEOICPA), 42 U.S.C. 7384 et seq. Since July 31, 2001, OWCP has
administered the provisions of part B of the EEOICPA that were not
assigned to the Secretary of Health and Human Services, to the
Secretary of Energy, or to the Attorney General by E.O. 13179. Part B
of the EEOICPA provides for the payment of lump-sum compensation and
medical benefits to Department of Energy employees and certain of its
contractors and subcontractors (or their survivors) who sustained an
occupational illness due to exposure to radiation, beryllium or silica.
Part B also provides for medical benefits and a supplemental lump-sum
payment to awardees under section 5 of the Radiation Exposure
Compensation Act (RECA), 42 U.S.C. 2210 (note).
On October 28, 2004, the President signed legislation repealing former
part D of the EEOICPA that had been administered by the Secretary of
Energy and creating a new Part E, which provides for the payment of
additional monetary compensation (based on permanent impairment and/or
wage loss) and medical benefits for DOE contractor employees (or their
survivors) and uranium miners, millers and ore transporters covered by
section 5 of the RECA (or their survivors) who sustained a covered
illness due to exposure to a toxic substance while working at a DOE
facility, or a uranium mine or mill covered under section 5 of RECA.
Responsibility for administration of part E of the EEOICPA was assigned
to the Secretary of Labor.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 06/08/05 70 FR 33590
Interim Final Rule Comment
Period End 08/08/05
Interim Final Rule Effective 06/08/05
Final Action 12/29/06 71 FR 78520
Final Action Effective 02/17/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Peter Turcic, Director, Division of Energy Employees
Occupational Illness Compensation, OWCP, Department of Labor,
Employment Standards Administration, 200 Constitution Avenue NW., FP
Building, Room C-3321, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: turcic.peter@dol.gov
RIN: 1215-AB51
_______________________________________________________________________
1770. [bull] THE BLACK LUNG BENEFITS ACT OF 1969, AS AMENDED
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 901 et seq; 5 USC 533 (d)(3)
CFR Citation: 20 CFR 725.477(b)
Legal Deadline: None
Abstract: The final rule eliminates the requirement that the Office of
Administrative Law judges include the claimant's name in decisions and
orders. This allows the Department to limit the amount of personal
information about the claimant's medical and financial history that is
included in published decisions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 01/30/07 72 FR 4204
Final Action Effective 01/30/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: James L. DeMarce, Director, Division of Coal Mine
Workers' Compensation, Department of Labor, Employment Standards
Administration, 200 Constitution Avenue NW., Room C3520, FP Building,
Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-7395
Email: demarce.james@dol.gov
RIN: 1215-AB60
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________
1771. DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION WAGE RECORD
INFORMATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 1302(a); Secretary Order No. 3-2007 (72 FR
15907)
CFR Citation: 29 CFR 603, subpart D
Legal Deadline: None
Abstract: The Employment and Training Administration of the Department
of Labor (Department) proposes a Notice of Proposed Rulemaking (NPRM)
to amend 20 CFR part 603 to implement section 303(a)(6) of the Social
Security Act (SSA). That section of the SSA requires that a state's UC
law provide for the ``making of such reports, in such form and
containing such information, as the Secretary of Labor may from time to
time require.'' The NPRM would interpret this language to determine its
scope.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State
Federalism: Undetermined
Agency Contact: Gerard Hildebrand, Chief, Division of Legislation,
Department of Labor, Employment and Training Administration, Office of
Workforce Security, 200 Constitution
[[Page 22838]]
Avenue NW., Room C-4518, Washington, DC 20210
Phone: 202 693-3038
Email: hildebrand.gerard@dol.gov
RIN: 1205-AB45
_______________________________________________________________________
1772. [bull] SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 3056 et seq
CFR Citation: 20 CFR 641
Legal Deadline: None
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, including new requirements relating to performance
accountability, income eligibility for program participation,
competition of national grants and services to participants.
This proposed NPRM consists of 8 subparts: subpart A--Definitions;
Subpart B--Coordination with the Workforce Investment Act; subpart C--
the State Plan; subpart D--Grant Application, Eligibility, and Award
Requirements; 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) will be
implemented through a separate Interim Final Rule (IFR).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/00/07
NPRM Comment Period End 12/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Tribal
Agency Contact: Gay Gilbert, Chief, Division of Employment Service and
ALMIS, Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210
Phone: 202 693-3428
Email: gilbert.gay@dol.gov
Related RIN: Related to 1205-AB47
RIN: 1205-AB48
_______________________________________________________________________
1773. [bull] APPRENTICESHIP PROGRAMS, LABOR STANDARDS FOR REGISTRATION,
AMENDMENT OF REGULATIONS
Priority: Other Significant
Legal Authority: 50 Stat. 664, as amended (29 USC 50; 40 USC 3145; 5
USC 301)
CFR Citation: 29 CFR 29 (Revision)
Legal Deadline: None
Abstract: Regulations that implement the National Apprenticeship Act at
title 29 Code of Federal Regulations (CFR) part 29 have not been
updated since first promulgated in 1977. The Department of Labor (DOL)
proposes to update 29 CFR part 29 to ensure that the National
Registered Apprenticeship System has the necessary tools and
flexibility to keep pace with changes in the economy, technological
advances, and corresponding workforce challenges. The proposed rule
addresses those changes by both making the procedures for
apprenticeship program registration more flexible and strengthening
oversight of program performance, including DOL's recognition of a
State Apprenticeship Agency (SAA) as the appropriate agency for
registering local apprenticeship programs for Federal purposes, and
DOL's de-recognition of a SAA. The proposed rule also updates part 29
to incorporate gender neutral terms and technological advances in the
delivery of related technical instruction. Such revisions will enable
DOL to promote apprenticeship opportunity in the 21st century while
continuing to safeguard the welfare of apprentices.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State, Tribal
Agency Contact: Anthony Swoope, Office of Apprenticeship, Department of
Labor, Employment and Training Administration, 200 Constitution Avenue
NW., FP Building, Washington, DC 20210
Phone: 202 693-2806
Email: swoope.anthony@dol.gov
RIN: 1205-AB50
_______________________________________________________________________
1774. [bull] FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; INTERSTATE
ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES
Priority: Other Significant
Legal Authority: 26 USC 3304(a)(9)(B); Secretary's Order No. 3-2007, 72
FR 15907, April 3, 2007
CFR Citation: 20 CFR 616 (Revision)
Legal Deadline: None
Abstract: Section 3304(a)(9)(B) of the Federal Unemployment Tax Act
requires States to participate in any arrangement specified by the
Secretary of Labor for payment of unemployment compensation on the
basis of combining an individual's employment and wages in two or more
states. Current regulations implementing this arrangement allow
individuals who have worked in more than one State to establish a
combined-wage claim (CWC) in the State in which they are physically
located, regardless of whether or not they have covered wages in that
State. The Employment and Training Administration proposes amending
current regulations to provide that individuals can only establish CWC
claims in a State in which they have worked.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Federalism: Undetermined
Agency Contact: Betty E. Castillo, Chief, Division of Unemployment
Insurance Operations, Department of Labor, Employment and Training
Administration, 200 Constitution Avenue NW., FP Building, Room S4231,
Washington, DC 20210
Phone: 202 693-3032
Email: castillo.betty@dol.gov
RIN: 1205-AB51
[[Page 22839]]
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________
1775. POST-ADJUDICATION AUDITS OF H-2B PETITIONS OTHER THAN LOGGING IN
THE UNITED STATES
Priority: Other Significant
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(b); 8 USC 1184; 29 USC 49 et
seq
CFR Citation: 8 CFR 214.2(h)(5); 20 CFR 655.1 to 655.4
Legal Deadline: None
Abstract: Under the redesigned H-2B temporary nonagricultural program
employers seeking to use H-2B workers, except for applications filed
for employment in Guam or in logging, will file directly with the
Department of Homeland Security (DHS) instead of first filing an
application for labor certification with the Department of Labor (DOL),
as required under the current regulation. Under the regulations
simultaneously proposed by DOL and DHS, the employer will be required
to conduct recruitment before filing its petition. The petition will
include a number of attestations concerning labor market and related
issues identified in the DOL regulation. DHS will administer the
petition adjudication process. After adjudication, DOL will audit
selected approved petitions. In such audits, DOL will exclusively
examine whether the employer has complied with those aspects of the
approved petition related to the labor market and other related
attestations. Employers will be expected to have documentation
available supporting their attestations as specified in the regulation
and will be required to provide this supporting documentation to DOL
within 30 days from notice of audit. If, after completion of the audit,
DOL determines that the employer has failed to comply with the terms of
the attestations contained in the DHS petition or made material
misrepresentations in its attestation, DOL will, after notice to the
employer and opportunity for a hearing, recommend to DHS that the
employer be debarred, for a period up to 3 years.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/27/05 70 FR 3993
NPRM Comment Period End 02/28/05
NPRM Comment Period Reopened 03/09/05 70 FR 11592
NPRM Comment Period Extended to
April 8, 2005 03/09/05
Final Action 03/00/08
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State
Agency Contact: Dr William 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
Email: carlson.william@dol.gov
RIN: 1205-AB36
_______________________________________________________________________
1776. LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE
UNITED STATES; REDUCING THE INCENTIVES AND OPPORTUNITIES FOR FRAUD AND
ABUSE AND ENHANCING PROGRAM INTEGRITY
Priority: Other Significant
Legal Authority: 8 USC 1182(a)(5)(A)
CFR Citation: 20 CFR 656
Legal Deadline: None
Abstract: The Department of Labor proposed changes to reduce the
incentives and opportunities for fraud and abuse related to the
permanent employment of aliens in the United States. Among other key
changes, the Department proposed eliminating the current practice of
allowing the substitution of alien beneficiaries on applications and
approved labor certifications. DOL proposed to further reduce the
likelihood of the submission of fraudulent applications for the
permanent employment of aliens in the United States by proposing a 45-
day deadline for employers to file approved permanent labor
certifications in support of a petition with the Department of Homeland
Security. The rulemaking will expressly prohibit the sale, barter, or
purchase of permanent labor certifications or applications, as well as
related payments. The proposed rule also addresses enforcement
mechanisms to protect program integrity, including debarment with
appeal rights. These amendments would apply to employers using both the
Application for Alien Employment Certification (Form ETA 750) or the
Application for Permanent Employment Certification (Form ETA 9089).
Statement of Need: The Immigration and Nationality Act of 1952, as
amended, established the permanent labor certification (PERM) program.
Through this program, an employer submits a petition to the Department
of Homeland Security (DHS) requesting a visa to admit a certain
immigrant alien to work permanently in the United States. This petition
process requires the Secretary of the Department of Labor (DOL) to
certify specific information to the Secretary of Homeland Security and
the Secretary of State before DHS may approve the employer's petition
request and the Department of State (DOS) may issue a visa to admit
such alien.
Specifically, DOL must certify that there is not a U.S. worker 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. If
DOL determines that there is no able, available, willing and qualified
U.S. worker and employment of the immigrant alien will not adversely
affect the wages and working conditions of similarly employed U.S.
workers, then a permanent labor certification is granted. If DOL cannot
make both of the above findings, then the application is denied.
This proposed regulation is intended to enhance program integrity and
reduce the incentives and opportunities for fraud and abuse. First, the
regulation would eliminate the current practice of allowing
substitution of alien beneficiaries on the certification applications.
Second, the regulation would implement a 45-day period for employers to
file approved certifications with DHS. Third, the regulation would
expressly prohibit the sale, barter, or purchase of PERM applications
and certifications and other related payments. Finally, the regulation
would highlight existing law regarding fraudulent activity or
falsifying information and corresponding sanctions for such findings.
Summary of Legal Basis: This regulation is authorized by 8 USC
1182(a)(5)(A); INA section 212(a)(5)(A).
Alternatives: The public was afforded an opportunity to provide
comments on
[[Page 22840]]
the Fraud and Abuse rule implementation when the Department published
the proposed rule in the Federal Register (71 FR 7656).
Anticipated Cost and Benefits: The Department believes any potential
increase in applications filed as a result of either employers
withdrawing and then filing a corrected application or employers
allowing a certification to expire and then filing a new application or
recruitment costs associated with this rule would be more than offset
by an anticipated reduction in average processing time because the
Department will not expend resources to process as many fraudulent
applications. Aliens will save money if they are not forced to pay
employer expenses nor provide kickbacks to certain agents and
employers. Any cost savings realized, however, will not be greater than
$100 million.
Risks: This action does not affect public health, safety or the
environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 02/13/06 71 FR 7656
NPRM Comment Period End 04/14/06
Final Action 04/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Dr William 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
Email: carlson.william@dol.gov
RIN: 1205-AB42
_______________________________________________________________________
1777. LABOR CONDITIONS APPLICATIONS FOR E-3 VISAS IN SPECIALTY
OCCUPATIONS FOR AUSTRALIAN NONIMMIGRANTS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13,
119 Stat. 231 was signed into law May 11, 2005. The Act adds a new
treaty visa classification for Australian nonimmigrants coming to the
U.S. solely to perform services in a specialty occupation. The
Department amends the current H-1B regulation to incorporate references
and provisions for the new E-3 program.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/12/07 72 FR 1650
NPRM Comment Period End 02/12/07
Final Action 12/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Dr William 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
Email: carlson.william@dol.gov
RIN: 1205-AB43
_______________________________________________________________________
1778. [bull] SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM; PERFORMANCE
ACCOUNTABILITY
Priority: Other Significant
Legal Authority: 42 USC 3056 et seq
CFR Citation: 20 CFR 641
Legal Deadline: Other, Statutory, June 30, 2007, Interim Final Rule.
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, that 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 of title V requires that the Agency establish and implement
new measures of performance by July 1, 2007. Section 513(b) requires
that the Secretary issue definitions of indicators of performance
through regulation after consultation with stakeholders. Therefore,
this Interim Final Rule is intended to implement changes to the SCSEP
program performance accountability regulations found at 20 CFR 641 in
subpart G. Changes to other subparts of part 641 will be implemented
through a separate Notice of Proposed Rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 06/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Tribal
Agency Contact: Gay Gilbert, Chief, Division of Employment Service and
ALMIS, Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210
Phone: 202 693-3428
Email: gilbert.gay@dol.gov
Related RIN: Related to 1205-AB48
RIN: 1205-AB47
_______________________________________________________________________
1779. [bull] ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C
NONIMMIGRANT ALIENS AS REGISTERED NURSES; FINAL RULE
Priority: Other Significant
Legal Authority: PL 109-423
CFR Citation: 22 CFR 655
Legal Deadline: None
Abstract: This Final Rule reflects the extension of the H-1C visa
program, which was extended by Public Law 109-423--Reauthorization of
H-1C Program under the Nursing Relief for Disadvantaged Areas Act of
2005. In 2000, the Nursing Relief for Disadvantaged Areas Act of 1999
(Pub. L. 106-95; November 12, 1999) amended the Immigration and
Nationality Act to create a temporary visa program for nonimmigrant
aliens to work as registered nurses for up to three years in facilities
serving health professional shortage areas, subject to certain
conditions. The NRDAA specified that the H-1C visas were available only
during the 4-year period beginning on the date that interim or final
regulations were promulgated. Under this Act, the Department published
an interim rule, on August 22, 2000 (65 FR 51137), which was open for
public comment through September 20, 2004. On April 24, 2006,
[[Page 22841]]
the Department determined that continued rulemaking was neither
necessary nor appropriate at that time, because health care facilities
could not sponsor new H-1C visas and no new H-1C visas could be issued.
Therefore, the Department discontinued this rulemaking (71 FR 22912).
However, given the new statutory authorization for the program, the
Department has determined it is appropriate to finalize the rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 09/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, State
Federalism: Undetermined
Agency Contact: Dr William 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
Email: carlson.william@dol.gov
RIN: 1205-AB52
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Employment and Training Administration (ETA)
_______________________________________________________________________
1780. REVISION TO THE DEPARTMENT OF LABOR BENEFIT REGULATIONS FOR TRADE
ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974, AS
AMENDED
Priority: Other Significant
Legal Authority: 19 USC 2320; Secretary's Order No. 3-2007, 72 FR 15907
CFR Citation: 29 CFR 90; 20 CFR 617 to 618; 20 CFR 665; 20 CFR 671;
Legal Deadline: None
Abstract: The Trade Adjustment Assistance Reform Act of 2002, enacted
on August 6, 2002, contains provisions amending title 2, chapter 2, of
the Trade Act of 1974, entitled Adjustment Assistance for Workers. The
amendments, effective 90 days from enactment (November 4, 2002), make
additions to where and by whom a petition may be filed, expand
eligibility to workers whose production has been shifted to certain
foreign countries and to worker groups secondarily affected, and make
substantive changes regarding trade adjustment assistance (TAA) program
benefits.
It is the Agency's intention to create a new 20 CFR part 618 to
incorporate the amendments and write it in plain English, while
amending the WIA regulations at 20 CFR parts 665 and 671 regarding
Rapid Response and National Emergency Grants as they relate to the TAA
program.
The proposed part 618 consists of 9 subparts: subpart A--General;
subpart B--Petitions and Determinations of Eligibility to Apply for
Trade Adjustment Assistance (and Alternative TAA); subpart C--Delivery
of Services throughout the One-Stop Delivery System; subpart D--Job
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowances (TRA);
subpart H--Administration by Applicable State Agencies; and subpart I--
Alternative Trade Adjustment Assistance for Older Workers. Because of
the complexity of the subject matter and the States' needs for
definitive instructions on providing TAA benefits, the rulemaking for
part 618 is divided into three parts. This rulemaking covers the
general provisions (most of subpart A) and TAA benefits portions
(subpart C through subpart H) of the regulations. Separate rulemakings
will cover the two remaining subparts and reserved definitions in
subpart A. One rulemaking, subpart I, will cover benefits under the
alternative Trade Adjustment Assistance program. The other rulemaking,
subpart B, will cover the petitions and certification process.
Statement of Need: The Trade Adjustment Assistance Reform Act of 2002,
enacted August 6, 2002, repeals the North American Free Trade
Agreement-Transitional Adjustment Assistance provisions for workers
affected by the NAFTA Implementation Act and adds significant
amendments to worker benefits under Trade Adjustment Assistance for
Workers, as provided for in the Trade Act of 1974.
The 2002 Trade Act amends where and by whom a petition may be filed.
Program benefits for TAA--eligible recipients are expanded to include
for the first time a health care tax credit, and eligible recipients
now include secondarily affected workers impacted by foreign trade.
Income support is extended by 26 weeks and by up to one year under
certain conditions. Waivers of training requirements in order to
receive income support are explicitly defined. Job search and
relocation benefit amounts are increased. Within one year of enactment,
the amendments offer an Alternative TAA for Older Workers program that
targets older worker groups who are certified as TAA eligible and
provides the option of a wage supplement instead of training, job
search, and income support.
The Department is mandated to implement the amendments within 90 days
from enactment (November 4, 2002), and it issued operating instructions
in a guidance letter on October 10, 2002, and later published in the
Federal Register (67 FR 69029-41). State agencies rely on the
regulations to make determinations as to individual eligibility for TAA
program benefits. TAA program regulations as written have been
described as complicated to interpret. With the new TAA program benefit
amendments contained in the Trade Act of 2002, it is imperative that
the regulations be in an easy-to-read and understandable format.
Summary of Legal Basis: These regulations are authorized by 19 U.S.C.
2320 due to the amendments to the Trade Act of 1974 by the Trade
Adjustment Assistance Reform Act of 2002.
Alternatives: The public was afforded an opportunity to provide
comments on the TAA program changes when the Department published the
proposed rule in the Federal Register.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs of this regulatory action have not
[[Page 22842]]
been determined at this time and will be determined at a later date.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/25/06 71 FR 50760
NPRM Comment Period End 10/24/06
Final Action To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Agency Contact: Erica Cantor, Administrator, Office of National
Response, Department of Labor, Employment and Training Administration,
200 Constitution Avenue NW., Room N5422, Washington, DC 20210
Phone: 202 693-2757
Email: cantor.erica@dol.gov
Related RIN: Related to 1205-AB40, Related to 1205-AB44
RIN: 1205-AB32
_______________________________________________________________________
1781. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE BENEFITS; AMENDMENT OF
REGULATIONS
Priority: Other Significant
Legal Authority: 19 USC 2320; Secretary's Order No. 3-2007, 72 FR 15907
CFR Citation: 29 CFR 90; 20 CFR 618; 20 CFR 665; 20 CFR 671
Legal Deadline: None
Abstract: The Trade Adjustment Assistance Reform Act of 2002, enacted
on August 6, 2002, contains provisions amending title 2, chapter 2 of
the Trade Act of 1974, entitled Adjustment Assistance for Workers. The
amendments, generally effective 90 days from enactment (November 4,
2002), make additions to where and by whom a petition may be filed,
expand eligibility to workers whose production has been shifted to
certain foreign countries and to worker groups secondarily affected,
and make substantive changes regarding Trade Adjustment Assistance
(TAA) program benefits. They also create the Alternative Trade
Adjustment Assistance (ATAA) program for older workers, which was
effective no later than one year after the enactment of the amendments
on August 6, 2002.
It is the Agency's intention to create a new 20 CFR part 618 to
incorporate the amendments and write it in plain English, while
amending the WIA regulations at 20 CFR parts 655 and 671 regarding
Rapid Response and National Emergency Grants as they relate to the TAA
program.
The proposed part 618 consists of 9 subparts: subpart A--General;
subpart B--Petitions and Determinations of Eligibility to Apply for
Trade Adjustment Assistance (and alternative TAA); subpart C--Delivery
of Services throughout the One-Stop Delivery System; subpart D--Job
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowances (TRA);
subpart H--Administration by Applicable State Agencies; and subpart I--
Alternative Trade Adjustment Assistance (ATAA) for Older Workers.
Because of the complexity of the subject matter and the States' needs
for definitive instructions on providing TAA benefits, the rulemaking
for part 618 was originally divided into two parts: the first covering
TAA benefits (subpart A and subparts C through H); and the second
covering petitions and certifications (subpart B and certain
definitions in subpart A) and ATAA (subpart I). To expedite the
publication of guidance on ATAA, this second NPRM was divided, and ATAA
is proceeding under this original RIN 1205-AB40.
This rulemaking covers the issuance of ATAA benefits for older workers
(subpart I). Separate rulemakings cover benefits (subpart A and
subparts C through H) and petitions and determinations (subpart B and
certain definitions in subpart A).
Statement of Need: The Trade Adjustment Assistance Reform Act of 2002,
enacted August 6, 2002, repeals the North American Free Trade
Agreement--Transitional Adjustment Assistance provisions for workers
affected by the NAFTA Implementation Act and makes significant
amendments to worker benefits under Trade Adjustment Assistance for
Workers, as provided for in the Trade Act of 1974.
The 2002 Trade Act amends where and by whom a petition may be filed.
Program benefits for TAA--eligible recipients are expanded to include
for the first time a health care tax credit, and eligible recipients
now include secondarily affected workers impacted by foreign trade.
Income support is extended by 26 weeks and by up to 52 weeks under
certain conditions. Waivers of training requirements in order to
receive income support are explicitly defined. Job search and
relocation benefit amounts are increased. Within one year of enactment,
the amendments offer an Alternative TAA for Older Workers program that
targets older worker groups who are certified as TAA eligible and
provides the option of a wage supplement instead of training, job
search, and income support.
The Department issued operating instructions in a guidance letter on
October 10, 2002, and later published in the Federal Register (67 FR
69029-41). State agencies rely on the regulations to make
determinations as to individual eligibility for TAA program benefits.
TAA program regulations as written have been described as complicated
to interpret. With the new TAA program benefit amendments contained in
the Trade Act of 2002, it is imperative that the regulations be in an
easy-to-read and understandable format.
Summary of Legal Basis: These regulations are authorized by 19 U.S.C.
2320 due to the amendments to the Trade Act of 1974 by the Trade
Adjustment Assistance Reform Act of 2002.
Alternatives: The public was afforded an opportunity to provide
comments on the ATAA program changes when the Department published the
proposed rule in the Federal Register.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs of this regulatory action have not been determined at this time
and will be determined at a later date.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/18/06 71 FR 61618
NPRM Comment Period End 12/18/06
Final Action To Be Determined
[[Page 22843]]
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal, State
Agency Contact: Erica Cantor, Administrator, Office of National
Response, Department of Labor, Employment and Training Administration,
200 Constitution Avenue NW., Room N5422, Washington, DC 20210
Phone: 202 693-2757
Email: cantor.erica@dol.gov
Related RIN: Related to 1205-AB32, Related to 1205-AB44
RIN: 1205-AB40
_______________________________________________________________________
1782. REVISION OF THE DEPARTMENT OF LABOR REGULATIONS FOR PETITIONS AND
DETERMINATIONS OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
FOR WORKERS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 19 USC 2320; Secretary's Order 3-2007, 72 FR 15907
CFR Citation: 29 CFR 90; 20 CFR 617; 20 CFR 618; 20 CFR 665; 20 CFR 671
Legal Deadline: None
Abstract: The Trade Adjustment Assistance Reform Act of 2002, enacted
on August 6, 2002, contains provisions amending title 2, chapter 2 of
the Trade Act of 1974, entitled Adjustment Assistance for Workers. The
amendments, generally effective 90 days from enactment (November 4,
2002), make additions to where and by whom a petition may be filed,
expand eligibility to workers whose production has been shifted to
certain foreign countries and to worker groups secondarily affected,
and make substantive changes regarding Trade Adjustment Assistance
(TAA) program benefits. They also create the Alternative Trade
Adjustment Assistance (ATAA) program for older workers, which was
effective no later than one year after the enactment of the amendments
on August 6, 2002.
It is the Department's intention to create a new 20 CFR part 618 to
incorporate the amendments and write it in plain English, while
amending the WIA regulations at 20 CFR parts 655 and 671 regarding
Rapid Response and National Emergency Grants as they relate to the TAA
program.
The proposed part 618 consists of 9 subparts; subpart A--General;
subpart B--Petitions and Determinations of Eligibility to Apply for
Trade Adjustment Assistance (and Alternative TAA); subpart C--Delivery
of Services throughout the One-Stop Delivery System; subpart D--Job
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowance (TRA);
subpart H--Administration by Applicable State Agencies; subpart I--
Alternative Trade Adjustment Assistance (ATAA) for Older Workers.
Because of the complexity of the subject matter and to expedite the
rulemaking because of the States' needs for definitive instructions on
providing TAA benefits, the rulemaking for part 618 was originally
divided into two parts: the first covering TAA benefits (subpart A and
subparts C through H); and the second covering petitions and
certifications (subpart B and certain definitions in subpart A) and
ATAA (subpart I). To expedite the publication of guidance on ATAA, this
second NPRM was divided, and ATAA proceeded under its original RIN
1205-AB40.
This proposed rulemaking covers petitions and determinations (subpart B
and certain definitions in subpart A of the regulations). Separate
notices of proposed rulemaking covered remaining (subpart A and
subparts C through H) and the issuance of ATAA benefits for older
workers (subpart I).
Statement of Need: The Trade Adjustment Assistance Reform Act of 2002,
enacted August 6, 2002, repeals the North American Free Trade
Agreement--Transitional Adjustment Assistance provisions for workers
affected by the NAFTA Implementation Act and adds significant
amendments to worker benefits under Trade Adjustment Assistance for
Workers, provided for the Trade Act of 1974.
The 2002 Trade Act amends where and by whom a petition may be filed.
Program benefits for TAA-eligible recipients are expanded to include
for the first time a health care tax credit, and eligible recipients
now include secondarily affected workers impacted by foreign trade.
Income support is extended by 26 weeks and by up to 52 weeks under
certain conditions. Waivers of training requirements in order to
receive income support are explicitly defined. Job search and
relocation benefits amounts are increased. Within one year of
enactment, the amendments offer an Alternative TAA for Older Workers
program that targets older worker groups who are certified as TAA
eligible and provides the option of a wage supplement instead of
training, job search and relocation allowances, and income support.
The Department was required to implement the amendments within 90 days
from enactment (November 4, 2002), and it issued operating instructions
in a guidance letter on October 10, 2002, and later published in the
Federal Register (67 FR 69029-41). State agencies rely on the
regulations to make determinations as to individual eligibility for TAA
program benefits. TAA program regulations as written have been
described as complicated to interpret. In light of changes in the
petition process made by the Reform Act, as well as the need to clearly
spell out that process for the public and the courts, it is imperative
that the regulations be in an easy to read and understandable format.
Summary of Legal Basis: The regulation is authorized by 19 USC 2320 due
to the amendments to the Trade Act of 1974 by the Trade Adjustment
Assistance Reform Act of 2002.
Alternatives: The public will be afforded an opportunity to provide
comments on the TAA program changes when the Department publishes the
proposed rule in the Federal Register.
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs of this regulatory action have not been determined at this time
and will be determined at a later date.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal
Federalism: Undetermined
Agency Contact: Erica Cantor, Administrator, Office of National
[[Page 22844]]
Response, Department of Labor, Employment and Training Administration,
200 Constitution Avenue NW., Room N5422, Washington, DC 20210
Phone: 202 693-2757
Email: cantor.erica@dol.gov
Related RIN: Related to 1205-AB32, Related to 1205-AB40
RIN: 1205-AB44
_______________________________________________________________________
1783. [bull] WORKFORCE INVESTMENT ACT AMENDMENTS
Priority: Other Significant
Legal Authority: 29 USC 49k; section 189(a) of PL 105-220; 29 USC
2939(a)
CFR Citation: 20 CFR 661; 20 CFR 662 to 664; 20 CFR 652; 20 CFR 667
Legal Deadline: None
Abstract: The Department of Labor is implementing several important
policy changes to the Workforce Investment Act and Wagner-Peyser Act
regulations. Changes in this rulemaking address long-standing issues
such as the large size of State and Local Workforce Investment Boards;
the sequence of core, intensive and training services; the governor's
authority over eligible training providers; and the availability of
Individual Training Accounts to youth. In addition, the changes address
the method of delivery of Wagner-Peyser Act-funded services.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/20/06 71 FR76558
NPRM Comment Period End 02/20/07
Final Action To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Maria K Flynn, Adminstrator, Office of Policy
Development and Research, Department of Labor, Employment and Training
Administration, 200 Constitution Avenue NW., Room N-5641, FP Building,
Washington, DC 20210
Phone: 202 693-3700
TDD Phone: 887 889-5627
Fax: 202 693-2766
Email: flynn.maria@dol.gov
RIN: 1205-AB46
_______________________________________________________________________
1784. [bull] YOUTHBUILD PROGRAM
Priority: Other Significant
Legal Authority: PL 109-281
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The YouthBuild Transfer Act of 2006, Public Law 109-281,
enacted on September 22, 2006, transfers oversight 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 model targets are high school dropouts, adjudicated youth,
youth aging out of foster care, and other at-risk youth population. The
program model balances in-school learning, geared toward a high school
diploma or GED, and construction skills training, geared toward a
career placement for the youth. DOL intends to develop regulations in
response to the legislation and to guide the program implementation and
management.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/08
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Gay Gilbert, Chief, Division of Employment Service and
ALMIS, Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210
Phone: 202 693-3428
Email: gilbert.gay@dol.gov
RIN: 1205-AB49
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Employment and Training Administration (ETA)
_______________________________________________________________________
1785. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; ELIGIBILITY
Priority: Other Significant
Legal Authority: 42 USC 503(a)(5); 26 USC 3304(a)(4); 26 USC 3306(h);
26 USC 3304(a)(1); 42 USC 503(a)(2); 42 USC 1302(a)
CFR Citation: 20 CFR 604 (New)
Legal Deadline: None
Abstract: Federal Unemployment Compensation (UC) law is inherently
based on wage insurance principles. The regulation interprets and
applies these principles, thereby establishing minimum standards that
states will be required to meet if their employers are to continue to
receive credit against the Federal unemployment tax and if the state is
to continue to receive UC administrative grants.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/22/05 70 FR 42474
NPRM Comment Period End 09/20/05
Final Action 01/16/07 72 FR 1890
Final Action Effective 02/15/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Federalism: This action may have federalism implications as defined in
EO 13132.
Agency Contact: Gerard Hildebrand, Chief, Division of Legislation,
Department of Labor, Employment and Training Administration, Office of
Workforce Security, 200 Constitution Avenue NW., Room C-4518,
Washington, DC 20210
Phone: 202 693-3038
Email: hildebrand.gerard@dol.gov
RIN: 1205-AB41
[[Page 22845]]
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1786. AMENDMENT OF REGULATION RELATING TO DEFINITION OF PLAN ASSETS--
PARTICIPANT CONTRIBUTIONS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1135
CFR Citation: 29 CFR 2510.3-102
Legal Deadline: None
Abstract: This rulemaking will amend the regulation that defines when
participant monies paid to or withheld by an employer for contribution
to an employee benefit plan constitute ``plan assets'' for purposes of
title I of ERISA and the related prohibited transaction provisions of
the Internal Revenue Code. The regulation contains an amendment to the
current regulation that will establish a safe harbor period of a
specified number of business days during which certain monies that a
participant pays to, or has withheld by, an employer for contribution
to a plan would not constitute ``plan assets.''
Statement of Need: This amendment of the participant contribution
regulation would, upon adoption, establish a ``safe harbor'' period of
a specified number of days during which certain monies, a participant
pays to or has withheld from wages by an employer for contribution to
an employee benefit plan, would not constitute plan assets for purposes
of title I of ERISA and the related prohibited transaction provisions
of the Internal Revenue Code. The amendment is needed to provide
greater certainty to employers, participants and beneficiaries, service
providers and others concerning when participant contributions to a
plan constitute plan assets.
Summary of 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 2510.3-102 provides that the assets of an employee
benefit plan covered by title I of ERISA include amounts (other than
union dues) that a participant or beneficiary pays to an employer, or
has withheld from wages by an employer, for contribution to the plan as
of the earliest date on which such contributions can reasonably be
segregated from the employer's general assets; the regulation also
specifies the maximum time period for deposit of such contributions by
the employer.
Alternatives: Alternatives will be considered following a determination
of the scope and nature of the regulatory guidance needed by the
public.
Anticipated Cost 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: Failure to provide the safe harbor that would be afforded by the
proposed amendment with regard to monies contributed to employee
benefit plans would deprive employers, other plan fiduciaries, and
service providers of the certainty they need to optimize compliance
with the law. Also, any risk of loss or lost earnings resulting from
permitting employers who would otherwise transmit contributions to the
plan sooner than the time specified in the safe harbor should be
minimal, while the benefits attendant to encouraging employers to
review and modify their systems or practices to take advantage of the
safe harbor may be significant.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary
Interpretations, Office of Regulations and Interpretations, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291
RIN: 1210-AB02
_______________________________________________________________________
1787. AMENDMENT OF SECTION 404(C) REGULATION--DISCLOSURE
Priority: Other Significant
Legal Authority: 29 USC 1104(c); 29 USC 1135
CFR Citation: 29 CFR 2550
Legal Deadline: None
Abstract: This rulemaking will amend the regulations governing ERISA
section 404(c) plans (29 CFR 2550.404c-1) to ensure that the
participants and beneficiaries in such plans are provided the
information they need, including information about fees and expenses,
to make informed investment decisions. The section 404(c) regulation
sets forth the conditions under which participants and beneficiaries
are considered to be exercising control over the assets in their
account, thereby relieving plan fiduciaries from liability for the
results of the investment decisions of the participant or beneficiary.
The regulation conditions rely on participants and beneficiaries being
furnished or having access to certain information about their plan and
the investment options offered thereunder. This amendment is needed to
clarify and improve the information currently required to be furnished
to participants and beneficiaries.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 04/00/07
NPRM 02/00/08
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Katherine D. Lewis, Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N-5669, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB07
_______________________________________________________________________
1788. AMENDMENT OF STANDARDS APPLICABLE TO GENERAL STATUTORY EXEMPTION
FOR SERVICES
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 1108(b)(2); 29 USC 1135
CFR Citation: 29 CFR 2550
Legal Deadline: None
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 a reasonable arrangements with a party in
interest for office spaces for services (29 CFR
[[Page 22846]]
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, as well as the prudence
requirements of ERISA 404(a)(1)(B). This regulation is needed to
eliminate the current uncertainty as to what information relating to
services and fees plan fiduciaries must obtain and service providers
must furnish for purposes of determining whether a contract for
services to be rendered to a plan is reasonable.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Kristen Zarenko, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N-5669, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB08
_______________________________________________________________________
1789. [bull] PROHIBITED TRANSACTION EXEMPTION FOR PROVISION OF
INVESTMENT ADVICE TO PARTICIPANTS IN INDIVIDUAL ACCOUNT PLANS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
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
CFR Citation: 29 CFR 2550
Legal Deadline: None
Abstract: Section 601 of the Pension Protection Act (PL 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. EBSA has
prepared a Request for Information that will invite interested persons
to submit written comments and suggestions concerning the expertise and
procedures that may be needed to certify that a computer model meets
the statutory criteria, and the content, types and designs of fee
disclosure materials currently used and their usefulness to plan
participants.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
RFI 12/04/06 71 FR 70429
RFI Comment Period End 01/30/07
NPRM 09/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Fred Wong, Senior Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
RIN: 1210-AB13
_______________________________________________________________________
1790. [bull] SELECTION OF ANNUITY PROVIDER FOR INDIVIDUAL ACCOUNT PLANS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1104; ERISA sec 404; PL 109-280 sec 625,
Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505
CFR Citation: 29 CFR 2550.404a-4
Legal Deadline: None
Abstract: This rulemaking would establish a safe harbor under which a
fiduciary of an individual account plan will be deemed to have
satisfied his or her fiduciary responsibilities with respect to the
selection of an annuity provider for the purpose of benefit
distributions. The Department is proposing this safe harbor in light of
revisions to Interpretive Bulletin 95-1 required by section 625 of the
Pension Protection Act of 2006 clarifying that the fiduciary standards
in Interpretive Bulletin 95-1 do not apply to the selection of an
annuity provider for benefit distributions from an individual account
plan.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Janet Walters, Senior Advisor, Department of Labor,
Employee Benefits Security Administration, 20 Constitution Avenue NW.,
FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
Related RIN: Related to 1210-AB22
RIN: 1210-AB19
_______________________________________________________________________
1791. [bull] PERIODIC PENSION BENEFIT STATEMENTS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1025; ERISA sec 105; PL 109-280 sec 508,
Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505
CFR Citation: 29 CFR 2520
Legal Deadline: Final, Statutory, August 18, 2007.
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
[[Page 22847]]
automatically provide participants and certain beneficiaries with
individual pension benefit statements. Generally, defined benefit plans
must provide the statement every three years, with an annual
alternative. Individual account defined contribution plans that permit
participant direction must provide the statement quarterly and
individual account defined contribution 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
one year of enactment of the statute and the Department has been given
interim final rulemaking authority.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Suzanne Adelman, Senior Pension Law Specialist,
Department of Labor, Employee Benefits Security Administration, 200
Constitution Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
RIN: 1210-AB20
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1792. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171 to
1172; 29 USC 1191c
CFR Citation: 29 CFR 2590
Legal Deadline: None
Abstract: The Health Insurance Portability and Accountability Act of
1996 (HIPAA) amended title I of ERISA, the Internal Revenue Code, and
the Public Health Service Act with parallel provisions designed to
improve health care access, portability and renewability. The
Departments of Labor, the Treasury, and the Health and Human Services
are mutually dependent due to shared interpretive jurisdiction and are
proceeding concurrently to provide additional regulatory guidance
regarding these provisions.
Statement of Need: In general, the health care portability provisions
in part 7 of ERISA provide for increased portability and availability
of group health coverage through limitations on the imposition of any
preexisting condition exclusion and special enrollment rights in group
health plans after loss of other health coverage or a life event. Plan
sponsors, administrators and participants need guidance from the
Department with regard to how they can fulfill their respective
obligations under these statutory provisions.
Summary of Legal Basis: Part 7 of ERISA specifies the portability and
other requirements for group health plans and health insurance issuers.
Section 734 of ERISA provides that the Secretary may promulgate such
regulations as may be necessary or appropriate to carry out the
provisions of part 7 of ERISA. In addition, section 505 of ERISA
authorizes the Secretary to issue regulations clarifying the provisions
of title I of ERISA.
Risks: Failure to provide guidance concerning part 7 of ERISA may
impede compliance with the law.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 04/08/97 62 FR 16894
Interim Final Rule Effective 06/07/97
Interim Final Rule Comment
Period End 07/07/97
Request for Information 10/25/99 64 FR 57520
Comment Period End 01/25/00
NPRM 12/30/04 69 FR 78800
Request for Information 12/30/04 69 FR 78825
Final Rule 12/30/04 69 FR 78720
Final Action Effective 02/28/05
Request for Information/ Comment
Period End 03/30/05
NPRM Comment Period End 03/30/05
Final Action 03/00/08
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Amy Turner, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335
RIN: 1210-AA54
_______________________________________________________________________
1793. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1185; 29
USC 1191 to 1191c
CFR Citation: 29 CFR 2590.711
Legal Deadline: None
Abstract: The Newborns' and Mothers' Health Protection Act of 1996
(NMHPA) amended title I of ERISA and the Public Health Service Act with
parallel provisions that protect mothers and their newborn children
with regard to the length of hospital stays following the birth of a
child. The Departments of Labor and Health and Human Services are
mutually dependent due to shared interpretive jurisdiction and are
proceeding concurrently to provide final regulatory guidance with
regard to the provisions of the NMHPA.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 10/27/98 63 FR 57546
Final Action 12/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Amy Turner, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
[[Page 22848]]
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335
RIN: 1210-AA63
_______________________________________________________________________
1794. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING REGULATIONS
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 1135; 29 USC 1021; 29 USC 1023 to 1024
CFR Citation: 29 CFR 2520
Legal Deadline: None
Abstract: This rulemaking would amend and update the regulatory and
related requirements for annual reporting by employee benefit plans in
conjunction with EBSA's proposal to amend the regulations under section
104 to require that such reports be filed electronically.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/21/06 71 FR 41392
NPRM Comment Period End 09/19/06
Final Action 05/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Elizabeth A. Goodman, Senior Pension Law Specialist,
Department of Labor, Employee Benefits Security Administration, 200
Constitution Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8523
Fax: 202 219-7291
Related RIN: Related to 1210-AB14
RIN: 1210-AB06
_______________________________________________________________________
1795. SECTION 404 REGULATION--DEFAULT INVESTMENT ALTERNATIVES UNDER
PARTICIPANT DIRECTED INDIVIDUAL ACCOUNT PLANS
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 1104(c)(5); 29 USC 1135
CFR Citation: 29 CFR 2550
Legal Deadline: Final, Statutory, February 19, 2007.
Abstract: This rulemaking would establish a relief under which a
fiduciary of a participant directed individual account pension plan
will be deemed to have satisfied his or her fiduciary responsibilities
with respect to investment and asset allocation decisions made on
behalf of individual participants and beneficiaries who fail to give
investment direction. This rulemaking will describe the types of
investments that qualify as default investments in order to obtain
fiduciary relief. As with other investment alternatives available under
the plan, fiduciaries will continue to be responsible for the prudent
selection and monitoring of qualifying default investment alternatives.
Statement of Need: Section 404(c)(1) of ERISA provides that, where a
participant or beneficiary of an employee pension benefit plan
exercises control over assets in an individual account maintained for
him or her under the plan, the participant or beneficiary is not
considered a fiduciary by reason of his or her exercise of control and
other plan fiduciaries are relieved of liability under part 4 of title
I of ERISA for the results of such exercise of control. As part of the
Pension Protection Act of 2006, section 404(c) was amended to provide
relief accorded by section 404(c)(1) to fiduciaries that invest
participant assets in certain types of investment alternatives in the
absence of participant investment direction. The Pension Protection Act
directed the Department to issue final default investment regulations
under section 404(c)(5)(A) of ERISA no later than 6 months after the
date of enactment of the Pension Protection Act. This rulemaking
responds to a need on the part of plan sponsors and fiduciaries for
guidance on the selection of default investments for plan participants
who fail to make an investment election. Such guidance would also
improve retirement savings for millions of American workers.
Summary of Legal Basis: Promulgation of this regulation is authorized
by sections 505 and 404(c) of ERISA.
Alternatives: Regulatory alternatives were considered in developing the
proposed rule and published in the Federal Register.
Anticipated Cost and Benefits: Costs and benefits of regulatory
alternatives were estimated and taken into account in developing the
proposed rule and published in the Federal Register.
Risks: Failure to provide guidance on default investment options for
individual account plans may result in diminished retirement savings
for the many participants who fail to make an investment election with
regard to their accounts. In addition, failure to issue final default
investment regulations under section 404(c)(5)(A) of ERISA no later
than 6 months after the date of enactment of the Pension Protection Act
would contravene section 624 of the Pension Protection Act.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/27/06 71 FR 56806
NPRM Comment Period End 11/13/06
Final Action 05/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Erin Sweeney, Senior Pension Law Specialist, ORI,
Department of Labor, Employee Benefits Security Administration, 200
Constitution Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB10
_______________________________________________________________________
1796. [bull] PROPOSED REVISION OF ANNUAL INFORMATION RETURN/REPORTS
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 1135; 29 USC 1021; 29 USC 1023; 29 USC 1024; PL
109-208, sec 101-116, sec 201-221, sec 503, sec 1103 Pension Protection
Act of 2006
CFR Citation: 29 CFR 2520
Legal Deadline: None
Abstract: This proposal supplements previously published proposed
revisions to the Form 5500 Annual Return/Report as required by the
Pension Protection Act of 2006 (PPA). Specifically, this proposal
includes separate Schedules B for single-employer plans and
multiemployer plans reflecting PPA changes in funding and annual
reporting requirements; new questions to the Schedule R and Schedule H
designed to collect additional information regarding single and
multiemployer
[[Page 22849]]
pension defined benefit plans; and a proposal to have the Form 5500-SF
Annual Return/Report be the simplified report required under the PPA
for plans with fewer than 25 participants.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/11/06 71 FR 71562
NPRM Comment Period End 01/10/07
Final Action 05/00/07
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Organizations
Government Levels Affected: None
Agency Contact: Elizabeth A. Goodman, Senior Pension Law Specialist,
Department of Labor, Employee Benefits Security Administration, 200
Constitution Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8523
Fax: 202 219-7291
Related RIN: Related to 1210-AB06
RIN: 1210-AB14
_______________________________________________________________________
1797. [bull] TIME AND ORDER OF ISSUANCE OF DOMESTIC RELATIONS ORDERS
Priority: Other Significant
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
CFR Citation: 29 CFR 2530.206
Legal Deadline: Final, Statutory, August 18, 2007.
Abstract: Section 1001 of the Pension Protection Act of 2006 requires
the Secretary of Labor to issue, not later than one 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.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 03/07/07 72 FR 10070
Interim Final Rule Effective 04/06/07
Interim Final Rule Comment
Period End 05/07/07
Final Action 08/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Susan Rees, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-1791
RIN: 1210-AB15
_______________________________________________________________________
1798. [bull] AMENDMENTS TO SAFE HARBOR FOR DISTRIBUTIONS FROM TERMINATED
INDIVIDUAL ACCOUNT PLANS AND TERMINATION OF ABANDONED INDIVIDUAL ACCOUNT
PLANS TO REQUIRE INHERITED IRAS FOR MISSING NONSPOUSE BENEFICIARIES
Priority: Other Significant
Legal Authority: 29 USC 1135; ERISA sec 505
CFR Citation: 29 CFR 2550.404a-3; 29 CFR 2578.1
Legal Deadline: None
Abstract: The Department is amending 29 CFR 2578.1 and 29 CFR
2550.404a-3 to reflect changes enacted as part of the Pension
Protection Act of 2006, Public Law 109-280, to the Internal Revenue
Code of 1986 (the Code), under which a distribution of a deceased plan
participant's benefit from an eligible retirement plan may be directly
transferred to an individual retirement plan established on behalf of
the designated nonspouse beneficiary of such participant.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 02/15/07 72 FR 7516
Interim Final Rule Comment
Period End 04/02/07
Interim Final Rule Effective 03/19/07
Final Action 09/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Stephanie Ward, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7921
RIN: 1210-AB16
_______________________________________________________________________
1799. [bull] STATUTORY EXEMPTION FOR CROSS-TRADING OF SECURITIES
Priority: Other Significant
Legal Authority: 29 USC 1108(b)(19)(H); ERISA sec 408(b)(19)(H); PL
109-280, sec 611(g)(3), Pension Protection Act of 2006
CFR Citation: 29 CFR 2550.408b-19
Legal Deadline: Final, Statutory, February 13, 2007.
Abstract: As directed by section 611(g)(3) of Public Law 109-280, this
rule implements the content requirements for the written cross-trading
policies and procedures required under section 408(b)(19)(H) of the
Employee Retirement Income Security Act of 1974. This section exempts
the purchase and sale of a security between an employee benefit plan
and any other account managed by the same investment manager if certain
conditions are satisfied. Among other requirements, section
408(b)(19)(H) stipulates that the investment manager must adopt, and
effect cross trades in accordance with, written policies and procedures
that are fair and equitable to all accounts participating in the cross-
trading program.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 02/12/07 72 FR 6473
Interim Final Rule Comment
Period End 04/13/07
Interim Final Rule Effective 04/13/07
Final Action 09/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Brian Buyniski, Pension Law Specialist, Department of
[[Page 22850]]
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N5649, Washington, DC 20210
Phone: 202 693-8540
Fax: 202-219-0204
RIN: 1210-AB17
_______________________________________________________________________
1800. [bull] ANNUAL FUNDING NOTICE FOR DEFINED BENEFIT PLANS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
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
CFR Citation: 29 CFR 2520; 29 CFR 2520.104-46; 29 CFR 2520.104b-10
Legal Deadline: Final, Statutory, August 18, 2007.
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 which amended section 104(b)(3) of ERISA regarding
summary annual reports for defined benefit plans.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 08/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Michael Baird, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8523
Fax: 202 219-7291
RIN: 1210-AB18
_______________________________________________________________________
1801. [bull] MULTI EMPLOYER PLAN INFORMATION MADE AVAILABLE ON REQUEST
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1021(k); ERISA sec 101(k); PL 109-280 sec 502,
Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505
CFR Citation: 29 CFR 2520
Legal Deadline: Final, Statutory, August 18, 2007.
Abstract: This rulemaking implements the requirements of section
502(a)(1) of the Pension Protection Act of 2006 (PPA), which added a
new subsection (k) to section 101 of ERISA, under which the plan
administrator of a multiemployer plan shall, upon written request,
furnish within 30 days to any plan participant or beneficiary, employee
representative, or any employer that has an obligation to contribute to
the plan a copy of certain actuarial, financial and funding-related
documents.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 07/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Stephanie Ward, Pension Law Specialist, Department of
Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7921
RIN: 1210-AB21
_______________________________________________________________________
1802. [bull] AMENDMENT TO INTERPRETIVE BULLETIN 95-1
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: PL 109-280 sec 625, Pension Protection Act of 2006; 29
USC 1135; ERISA sec 505
CFR Citation: 29 CFR 2509.95-1
Legal Deadline: Final, Statutory, August 18, 2007.
Abstract: This rulemaking implements the directive in section 625 of
the Pension Protection Act of 2006, which requires the Secretary of
Labor to issue, not later than one year after the date of enactment,
final regulations clarifying that the selection of an annuity contract
as an optional form of distribution from an individual account plan is
not subject to the safest available annuity requirement under
Interpretive Bulletin 95-1 and is subject to all otherwise applicable
fiduciary standards.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 07/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Janet Walters, Senior Advisor, Department of Labor,
Employee Benefits Security Administration, 20 Constitution Avenue NW.,
FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291
Related RIN: Related to 1210-AB19
RIN: 1210-AB22
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1803. ADEQUATE CONSIDERATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1002(18); 29 USC 1135
CFR Citation: 29 CFR 2510
Legal Deadline: None
Abstract: The regulation would set forth standards for determining
``adequate consideration'' under section 3(18) of ERISA for assets
other than
[[Page 22851]]
securities for which there is a generally recognized market.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/17/88 53 FR 17632
NPRM Comment Period End 07/17/88
Next Action Undetermined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Morton Klevan, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW., FP Building,
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AA15
_______________________________________________________________________
1804. INDEPENDENCE OF ACCOUNTANT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1023(a)(3)(A); 29 USC 1135
CFR Citation: 29 CFR 2509
Legal Deadline: None
Abstract: EBSA is conducting a review of the guidelines applicable to
determining when a qualified public accountant is independent for
purposes of auditing and rendering an opinion on the financial
information required to be included in the annual report of an employee
benefit plan for purposes of section 103(a)(3)(A) of ERISA. The current
guidelines, set forth as an Interpretive Bulletin at 29 CFR 2509.75-9,
were adopted in 1975. Given the changes that have taken place with
respect to employee benefit plans and auditing practices and standards,
as well as changes in the industry, since the issuance of those
guidelines, EBSA is preparing a Request for Information that will
invite interested persons to submit written comments and suggestions
concerning whether and to what extent the current guidelines should be
modified.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request For Information 09/11/06 71 FR 53348
Request For Information- Comment
Period End 12/11/06
Next Action Undetermined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: John J. Canary, Deputy Director, Office of Regulations
and Interpretations, Department of Labor, Employee Benefits Security
Administration, 200 Constitution Avenue NW., FP Building, Washington,
DC 20210
Phone: 202 693-8500
RIN: 1210-AB09
_______________________________________________________________________
1805. PLAN ASSETS-PARTICIPANT CONTRIBUTIONS REGULATION (SECTION 610
REVIEW)
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 1135
CFR Citation: 29 CFR 2510.3-102
Legal Deadline: None
Abstract: EBSA is conducting a review of the plan assets - participant
contributions regulation in accordance with the requirements of section
610 of the Regulatory Flexibility Act. The review will cover the
continued need for the rule; the nature of complaints or comments
received from the public concerning the rule; the complexity of the
rule; the extent to which the rule overlaps, duplicates, or conflicts
with other Federal rules and, to the extent feasible, with State and
local rules; and the extent to which technology, economic conditions,
or other factors have changed in industries affected by the rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 03/01/06
End Review 04/00/08
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Melissa R. Spurgeon, Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB11
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Employee Benefits Security Administration (EBSA)
_______________________________________________________________________
1806. PROHIBITING DISCRIMINATION AGAINST PARTICIPANTS AND BENEFICIARIES
BASED ON HEALTH STATUS
Priority: Other Significant
Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1182; 29
USC 1191c; 29 USC 1194
CFR Citation: 29 CFR 2590.702
Legal Deadline: None
Abstract: The Health Insurance Portability and Accountability Act of
1996 (HIPAA) amended title I of ERISA, the Internal Revenue Code, and
the Public Health Service Act with parallel provisions to prohibit
discrimination by a group health plan or a health insurance issuer
based on any health status-related factor. The Departments of Labor,
the Treasury, and Health and Human Services are mutually dependent due
to shared interpretive jurisdiction and are proceeding concurrently to
provide final regulatory guidance regarding these provisions.
Statement of Need: Part 7 of ERISA provides that group health plans and
health insurance issuers may not establish rules for eligibility
(including continued eligibility) of any individual to enroll under the
terms of the plan based on any health status-related factor. Plan
sponsors, administrators, and participants need additional guidance
from the Department with regard to how they can fulfill their
respective obligations under these statutory provisions.
Summary of Legal Basis: Section 702 of ERISA specifies the respective
nondiscrimination requirements for group health plans and health
insurance issuers. Section 734 of ERISA
[[Page 22852]]
provides that the Secretary may promulgate such regulations as may be
necessary or appropriate to carry out the provisions of part 7 ERISA.
In addition, section 505 of ERISA authorizes the Secretary to issue
regulations clarifying the provisions of title I of ERISA.
Risks: Failure to provide guidance concerning part 7 of ERISA may
impede compliance with the law.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 04/08/97 62 FR 16894
Interim Final Rule Comment
Period End 07/07/97
NPRM 01/08/01 66 FR 1421
NPRM Comment Period End 04/09/01
Second Interim Final Rule 01/08/01 66 FR 1378
Interim Final Rule Comment
Period End 04/09/01
Final Rule 12/13/06 71 FR 75014
Final Action Effective 02/12/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Additional Information: This item has been split off from RIN 1210-
AA54.
Agency Contact: Amy Turner, Senior Pension Law Specialist, Department
of Labor, Employee Benefits Security Administration, 200 Constitution
Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335
RIN: 1210-AA77
_______________________________________________________________________
1807. [bull] PROHIBITED TRANSACTION EXEMPTION FOR PROVISION OF
INVESTMENT ADVICE TO INDIVIDUAL RETIREMENT AND SIMILAR PLANS
Priority: Info./Admin./Other
Legal Authority: 26 USC 4975(d)(17); PL 109-280, sec 601(b)(3)(A)
Pension Protection Act of 2006
CFR Citation: 26 CFR 54
Legal Deadline: Other, Statutory, December 31, 2007, A required report.
The Department of Labor is required to report the results of its
findings with respect to the information requested in this action to
the Committee on Ways and Means and the Committee on Education and the
Workforce of the House of Representatives and the Committee on Finance
and the Committee on Health, Education, Labor, and Pensions of the
Senate no later than December 31, 2007.
Abstract: The purpose of this document is to solicit information from
the public concerning the feasibility of the application of computer
model investment advice programs for Individual Retirement Accounts and
similar types of plans. The Department has completed its solicitation
of information and will report its findings to Congress no later than
December 31, 2007.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
RFI 12/04/06 71 FR 70427
No Regulatory Action Required 12/04/06
RFI Comment Period End 01/30/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Allison Padams-Lavigne, Department of Labor, Employee
Benefits Security Administration, 200 Constitution Avenue NW., FP
Building Room N5700, Washington, DC 20210
Phone: 202 693-8540
Fax: 202 219-0204
Chris Motta, Pension Law Specialist, Department of Labor, Employee
Benefits Security Administration, 200 Constitution Avenue NW., FP
Building Room N5700, Washington, DC 20210
Phone: 202 693-8540
Fax: 202 219-0204
RIN: 1210-AB12
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1808. FIRE EXTINGUISHERS IN UNDERGROUND COAL MINES
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 75.1100-2
Legal Deadline: None
Abstract: The fire protection requirement in 30 CFR 75.1100-2(a)(2)
requires rock dust and water at the underground workings at anthracite
coal mines, and 30 CFR 75.1100-2(e)(2) requires a fire extinguisher and
rock dust at temporary electrical installations. MSHA has granted
101(c) petitions for modification allowing operators to use only fire
extinguishers in lieu of rock dust and other requirements at these two
locations. This direct final rule, also issued as a proposed rule,
would eliminate the need to file petitions to use this alternative
method of compliance without reducing protection for miners.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/07
Direct Final Rule 09/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB40
_______________________________________________________________________
1809. SEALING OF ABANDONED AREAS
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 75.335
Legal Deadline: Final, Statutory, December 15, 2007.
Abstract: On June 15, 2006, the Mine Improvement and New Emergency
Response Act (MINER Act) of 2006,
[[Page 22853]]
Public Law 109-236, became effective. Section 10 of the MINER Act
requires the Secretary of Labor to finalize mandatory health and safety
standards relating to the sealing of abandoned areas in underground
coal mines, no later than 18 months after enactment. Such health and
safety standards shall provide for an increase in the existing 20
pounds per square inch (psi) standard currently set forth in 30 CFR
75.335(a)(2).
Statement of Need: Section 10 of the MINER Act requires the Secretary
of Labor to finalize mandatory standards relating to the sealing of
abandoned areas in underground coal mines no later than December 15,
2007, and that provide for an increase in the 20 psi standard currently
in effect. Adequate seals are crucial to containing explosions and
preventing the migration of potentially explosive methane-air mixtures
from worked out areas to the working areas of an underground coal mine.
In addition to the requirement in the MINER Act, MSHA's evaluation of
alternative seals in underground coal mines has led the Agency to
determine that revisions to existing standards for alternative seals
are necessary.
Summary of Legal Basis: Promulgation of this regulation is authorized
by the Federal Mine Safety and Health Act of 1977 and the MINER Act of
2006.
Alternatives: As required by the MINER Act, MSHA must publish a
regulation that increases the 20 psi standard. The Mine Safety and
Health Administration is reviewing the information from recent
accidents in underground coal mines and the draft report from the
National Institute for Occupational Safety and Health to determine an
appropriate and protective regulatory course of action. The Agency is
also conducting test explosions in experimental mines to determine the
relationships between seal design and construction and the ability to
withstand explosive forces. This information will assist the Agency in
developing new standards consistent with the requirements of the MINER
Act.
Anticipated Cost and Benefits: MSHA will develop a preliminary
regulatory economic analysis to accompany the proposed rule.
Risks: Properly constructed seals contain explosions and prevent the
migration of potentially explosive methane-air mixtures from worked out
areas to the working areas of an underground coal mine. Recent mining
accidents and MSHA data show that there are problems with the
construction and use of alternative methods and materials to create
seals. The exact scope of the problem is unknown at this time. However,
the reliability of seals in underground coal mines is in question
because of their potential to endanger miners who work in sealed areas.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/07
Final Action 12/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB52
_______________________________________________________________________
1810. MINE RESCUE TEAMS
Priority: Other Significant
Legal Authority: 30 USC 957; 30 USC 811; 30 USC 825
CFR Citation: 30 CFR 49
Legal Deadline: Final, Statutory, December 15, 2007.
Abstract: On June 15, 2006, Public Law 109-236 or the Mine Improvement
and New Emergency Response Act (MINER Act) of 2006 became effective.
This rulemaking will implement section 4 of the MINER Act by amending
existing standards and developing new standards to provide for
certification composition, and training requirements for mine rescue
teams in underground coal mines. Currently, requirements for mine
rescue teams are set forth in 30 CFR part 49.
Statement of Need: Section 4 of the MINER Act requires the Secretary of
Labor to finalize mandatory health and safety standards relating to
mine rescue teams in underground coal mines no later than December 15,
2007. Current standards require properly trained mine rescue teams to
be immediately available during mine emergencies. The MINER Act
requires team members to have underground coal mining experience and
requires teams to participate in mine rescue contests. The MINER Act
also provides for multi-employer teams, State-sponsored teams, and
contract teams to ensure the availability of qualified mine rescue
teams.
Summary of Legal Basis: Promulgation of this regulation is authorized
by the Federal Mine Safety and Health Act of 1977 and the MINER Act of
2006.
Alternatives: As required by the MINER Act, MSHA must publish a
regulation on mine rescue teams.
Anticipated Cost and Benefits: MSHA will develop a preliminary
regulatory economic analysis to accompany the proposed rule.
Risks: Mine explosions at the Sago Mine and Darby No. 1 Mine and a mine
fire at the Alma Mine in 2006 resulted in the deaths of 19 underground
coal miners. Explosions, fires, and the migration of potentially
explosive methane-air mixtures from worked-out areas to the working
areas of an underground coal mine endanger all miners who work in the
mine, including potential rescuers.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/00/07
Final Action 12/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Federalism: This action may have federalism implications as defined in
EO 13132.
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
www.regulations.gov
Agency Contact: Patricia W. Silvey, Director, Office of Standards,
Regulations, and Variances, Department
[[Page 22854]]
of Labor, Mine Safety and Health Administration, 1100 Wilson Boulevard,
Room 2350, Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: silvey.patricia@dol.gov
RIN: 1219-AB53
_______________________________________________________________________
1811. DIESEL PARTICULATE MATTER: CONVERSION FACTOR FROM TOTAL CARBON TO
ELEMENTAL CARBON
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813
CFR Citation: 30 CFR 57
Legal Deadline: None
Abstract: On May, 18, 2006, MSHA promulgated its final rule on Diesel
Particulate Matter (DPM) Exposure of Underground Metal and Nonmetal
Miners (71 FR 28924), phasing in the final diesel particulate matter
(DPM) exposure limit over a 2-year period, with the final limit of 160
TC [micro]/m3 to become effective on May 20, 2008. The DPM exposure
limit is expressed in terms of a ``TC'' or ``total carbon'' limit. MSHA
is initiating a new rulemaking to establish the most appropriate
measure for determining compliance with the final DPM exposure limit.
Using the latest available evidence, MSHA will be examining the most
appropriate conversion factor for a comparable elemental carbon (EC)
limit. An EC measurement ensures that a TC exposure limit is valid and
not the result of environmental interferences.
Statement of Need: The May 18, 2006 final rule at 30 CFR 57.5060(b)(3)
requires mine operators to ensure that the miners' personal exposures
to diesel particulate matter (DPM) in an underground mine do not exceed
an airborne concentration of 160 micrograms of total carbon per cubic
meter (TC [micro]/m3) of air during an average 8-hour equivalent full
shift, effective May 20, 2008. This rulemaking proposes the EC
conversion factor for the 160 TC [micro]/m3 limit, which would allow
mine operators to implement the requirements of the May 18, 2006 final
rule.
Summary of Legal Basis: Promulgation of this regulation is authorized
by section 101 of the Federal Mine Safety and Health Act of 1977.
Alternatives: This rulemaking would amend and improve health protection
from that afforded by the existing standard.
Anticipated Cost and Benefits: MSHA will prepare estimates of the
anticipated costs and benefits associated with the selected conversion
factor.
Risks: A number of epidemiological studies have found that exposure to
diesel exhaust presents potential health risks to miners. These
potential adverse health effects range from headaches and nausea to
respiratory disease and cancer. In the confined space of the
underground mining environment, occupational exposure to diesel exhaust
may present a greater hazard due to ventilation limitations and the
presence of other airborne contaminants, such as toxic mine dusts or
mine gases. MSHA believes that the health evidence forms a reasonable
basis for reducing miners' exposure to diesel particulate matter.
Proceeding with a separate rulemaking to determine the correct TC to EC
conversion factor for the phased-in final limits will more effectively
reduce miners' exposures to DPM.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/07
Final Action 05/00/08
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB55
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1812. HIGH-VOLTAGE CONTINUOUS MINING MACHINE STANDARD FOR UNDERGROUND
COAL MINES
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 957; 30 USC 961
CFR Citation: 30 CFR 18; 30 CFR 75
Legal Deadline: None
Abstract: Our July 16, 2004, NPRM (69 FR 42812) proposed to establish
design requirements for approval of high-voltage continuous mining
machines operating where miners work in underground coal mines. The
rule also proposed to establish new mandatory electrical safety
standards for the installation, use, and maintenance of the high-
voltage continuous mining machines. MSHA published a supplemental NPRM
on March 28, 2006 (71 FR 15359).
This supplemental NPRM proposed and requested comments on two issues
that arose from oral and written comments that MSHA received during the
hearing and post-hearing comment period on the NPRM.
These issues involved: (1) Types of trailing cables that can be used
with high-voltage continuous mining machines; and (2) a requirement to
use high-voltage insulating gloves or other personal protective
equipment when handling energized high-voltage trailing cables.
MSHA regularly receives petitions for modifications from coal mine
operators seeking permission to use high-voltage continuous mining
machines. MSHA believes that, with appropriate safeguards, such
machines are safe for use and are routinely granted in these petitions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/16/04 69 FR 42812
NPRM Comment Period End 08/23/04 69 FR 51784
Second NPRM 03/28/06 71 FR 15359
[[Page 22855]]
Second NPRM Comment Period End 05/30/06
Final Action 09/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB34
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1813. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813; 30 USC 961; 30 USC 957
CFR Citation: 30 CFR 70; 30 CFR 75; 30 CFR 90
Legal Deadline: None
Abstract: MSHA's current standards require that all underground coal
mine operators develop and follow a mine ventilation plan for each
mechanized mining unit that we approve. However, we do not have a
requirement that provides for verification of each plan's effectiveness
under typical mining conditions. Consequently, plans may be implemented
by mine operators that could be inadequate to control respirable dust.
In response to comments received on the July 2000 proposed rule for
MSHA to withdraw the rule, MSHA published a new proposed rule on March
6, 2003. The proposed rule would have required mine operators to
verify, through sampling, the effectiveness of the dust control
parameters for each mechanized mining unit specified in the approved
mine ventilation plan.
The use of approved powered air-purifying respirators and/or verifiable
administrative controls would have been allowed as a supplemental means
of compliance when MSHA had determined that all feasible engineering or
environmental controls were exhausted.
Public hearings were held in May 2003, and the comment period,
originally scheduled to close on June 4, 2003, was extended until July
3, 2003. On June 24, 2003, MSHA announced that all work on the final
rule would cease and the rulemaking record would remain open in order
to obtain information concerning Continuous Personal Dust Monitors
being tested by NIOSH. A Federal Register notice was published on July
3, 2003, extending the comment period indefinitely. NIOSH issued a
report on the personal dust monitor in September 2006. MSHA will
determine the next course of action after a review of all data and test
results.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/07/00 65 FR 42122
Notice of Hearings; Close of
Record 07/07/00 65 FR 42186
Close of Record 08/11/00
Extension of Comment Period;
Close of Record 08/11/00 65 FR 49215
NPRM 03/06/03 68 FR 10784
Notice of Public Hearing; Close
of Record 03/17/03 68 FR 12641
Extension of Comment Period 05/29/03 68 FR 32005
NPRM Comment Period End 06/04/03
Extension of Comment Period 07/03/03 68 FR 39881
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: This rulemaking is related to RIN 1219-AB18
(Determination of Concentration of Respirable Coal Mine Dust) and RIN
1219-AB48 (Continuous Personal Dust Monitors).
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
Related RIN: Related to 1219-AB18, Related to 1219-AB48
RIN: 1219-AB14
_______________________________________________________________________
1814. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: 30 CFR 72
Legal Deadline: None
Abstract: The National Institute for Occupational Safety and Health
(NIOSH) and the Mine Safety and Health Administration (MSHA) jointly
proposed that a single, full-shift measurement (single sample) would
accurately represent the atmospheric condition to which a miner is
exposed. The proposed rule addresses the U.S. Court of Appeals'
concerns raised in National Mining Association v. Secretary of Labor,
153 F.3d 1264 (11th Cir. 1998). MSHA and NIOSH reopened the rulemaking
record on March 6, 2003, to obtain comments on documents added to the
rulemaking record since the proposed rule was published July 7, 2000.
MSHA held hearings in May 2003 and the comment period, originally
scheduled to close on June 4, 2003, was extended until July 3, 2003.
However, on June 24, 2003, MSHA announced that all work on the final
rule would cease. On August 12, 2003, the Agencies reopened the
[[Page 22856]]
rulemaking record and extended the comment period indefinitely. MSHA
collaborated with NIOSH, miners' representatives, industry and the
manufacturer to test the production prototype Continuous Personal Dust
Monitor (CPDM) unit. NIOSH issued a report on the CPDM in September
2006. MSHA will determine the next course of action after a review of
all data and test results.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/07/00 65 FR 42068
Notice of Hearings; Close of
Record 07/07/00 65 FR 42185
Extension of Comment Period 08/11/00 65 FR 49215
Reopen Record for Comments 03/06/03 68 FR 10940
Notice of Public Hearings; Close
of Record 03/17/03 68 FR 12641
Extension of Comment Period 05/29/03 68 FR 32005
Reopen Record Comment Period End06/04/03
Extension of Comment Period;
Reopening of Record 08/12/03 68 FR 47886
Reopening of Record; Correction 04/01/03 68 FR 15691
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: This rulemaking is related to RIN 1219-AB14
(Verification of Underground Coal Mine Operators' Dust Control Plans
and Compliance Sampling for Respirable Dust) and RIN 1219-AB48
(Continuous Personal Dust Monitor).
URL For More Information:
www.msha.gove/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
Related RIN: Related to 1219-AB14, Related to 1219-AB48
RIN: 1219-AB18
_______________________________________________________________________
1815. ASBESTOS EXPOSURE LIMIT
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813
CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 71
Legal Deadline: None
Abstract: MSHA's permissible exposure limit (PEL) for asbestos applies
to surface (30 CFR part 56) and underground (30 CFR part 57) metal and
nonmetal mines and to surface coal mines and surface areas of
underground coal mines (30 CFR part 71). The Office of the Inspector
General (OIG) recommended in a report that MSHA lower its PEL for
asbestos to a more protective level, and address take-home
contamination from asbestos. It also recommended that MSHA use
Transmission Electron Microscopy to analyze fiber samples that may
contain asbestos. MSHA proposed a rule to lower the asbestos PEL, which
would reduce asbestos-induced occupational disease.
Statement of Need: Current scientific data indicate that the existing
asbestos PEL is not sufficiently protective of miners' health. MSHA's
asbestos regulations date to 1967 and are based on the Bureau of Mines
(MSHA's predecessor) standard of 5 million particles per cubic foot of
air (mppcf). Other Federal agencies have addressed this issue by
lowering their asbestos PEL. For example, the Occupational Safety and
Health Administration, working in conjunction with the Environmental
Protection Agency, enacted a revised asbestos standard in 1994 that
lowered the permissible exposure limit to an 8-hour time-weighted
average of 0.1 fiber per cubic centimeter (f/cc) of air and the
excursion limit to 1.0 f/cc of air as averaged over a 30 minute
sampling period. These lower limits reflect new information and studies
that compare asbestos-related disease risk to the number of asbestos-
exposed workers.
Summary of Legal Basis: Promulgation of this regulation is authorized
by section 101 of the Federal Mine Safety and Health Act of 1977.
Alternatives: The Agency increased sampling efforts in an attempt to
determine miners' exposure levels to asbestos. In early 2000, MSHA
began an extensive sampling effort at operations with potential
asbestos exposure including taking samples at all existing vermiculite,
taconite, talc, and other mines to determine the level of asbestos
present. While sampling, MSHA staff also discussed various potential
hazards of asbestos with miners and mine operators and the types of
preventive measures that could be implemented to reduce exposures.
The final rule will be based, on comments and testimony to the proposed
rule, as well as MSHA sampling and inspection experience.
Anticipated Cost and Benefits: The anticipated costs of the proposed
rule to the mining industry would be approximately $136,000 annually.
Of this total amount, the cost to the metal and nonmetal mining sector
would be $91,500, and the cost to the coal mining sector would be
$44,600.
MSHA estimates that between 1 and 19 deaths could be prevented over the
next 65 years, which represents approximately 9 to 84 percent of all
occupationally related deaths caused by asbestos exposure. Under the
proposed exposure limit, approximately 1 out of every 1,000 miners will
avoid the risk of death from asbestosis, lung cancer, mesothelioma, or
other forms of cancer attributed to asbestos exposure.
Risks: Miners could be exposed to the hazards of asbestos at mine
operations where ore body contains asbestos. In addition, miners could
be exposed to asbestos at facilities that install material containing
asbestos. Overexposure to asbestos causes asbestosis, lung cancer,
mesothelioma, and other forms of cancer.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 03/29/02 67 FR 15134
Notice of Change to Public
Meetings 04/18/02 67 FR 19140
ANPRM Comment Period End 06/27/02
NPRM 07/29/05 70 FR 42950
NPRM Comment Period End 11/21/05 70 FR 43950
Public Hearing 10/18/05 70 FR 43950
Final Action 06/00/08
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: The Office of the Inspector General issued a
report entitled, ``Evaluation of MSHA's
[[Page 22857]]
Handling of Inspections at the W.R. Grace & Company Mine in Libby,
Montana,'' in March 2001.
URL For More Information:
www.msha.gov/regsinfo.htm
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB24
_______________________________________________________________________
1816. RESPIRABLE CRYSTALLINE SILICA STANDARD
Priority: Other Significant
Legal Authority: 30 USC 811; 30 USC 813
CFR Citation: 30 CFR 56 to 57; 30 CFR 70 to 72; 30 CFR 90
Legal Deadline: None
Abstract: Current standards limit exposures to quartz (crystalline
silica) in respirable dust. The coal mining industry standard is based
on the formula 10mg/m3 divided by the percentage of quartz where the
quartz percent is greater than 5.0 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, which ultimately
may be fatal. Both formulas are designed to limit exposures to 0.1 mg/
m3 (100mg) 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 and ACGIH
recommend a 50 mg/m3 exposure limit for respirable crystalline silica.
MSHA is considering several options to reduce miners' exposure to
crystalline silica.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB36
_______________________________________________________________________
1817. REVISING ELECTRICAL PRODUCT APPROVAL REGULATIONS
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27
Legal Deadline: None
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
NPRM in phases. The first phase will be Flame-Resistance Testing of
Mining Materials. This action will be published first because the MINER
Act requires all life lines to be flame-resistant by June 14, 2009. The
flame-resistant requirements are contained in 30 CFR part 18.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB37
_______________________________________________________________________
1818. FIELD MODIFICATIONS OF PERMISSIBLE MOBILE DIESEL-POWERED EQUIPMENT
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 36
Legal Deadline: None
Abstract: The implementation of diesel regulations in 30 CFR parts 7,
36, 57, 72, and 75 has resulted in an increase in requests from owners
of approved equipment, typically underground mine operators, to field
modify permissible diesel-powered equipment. Field modifications allow
permissible equipment to be modified for mine-specific use or to comply
with new diesel standards. Therefore, the Mine Safety and Health
Administration is proposing to add field modification provisions to 30
CFR part 36 (Approval Requirements for Permissible Mobile Diesel-
Powered Transportation Equipment).
This proposed rule would codify the field modification process for part
36 field modification acceptances, expand the field modification
process to allow mine operators to apply for field modifications, and
continue to ensure that field-modified equipment operates safely in
gassy underground mines. The proposed rule would also implement
[[Page 22858]]
existing policy which dates from 1985, to reflect current procedures
for processing field modifications related to mobile diesel-powered
transportation equipment. Further, the proposed rule would require
labeling provisions for all new field modifications accepted under part
36. These new provisions would enhance miner safety.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB39
_______________________________________________________________________
1819. USE OF OR IMPAIRMENT FROM ALCOHOL AND OTHER DRUGS ON MINE PROPERTY
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: MSHA is considering publishing a proposed rule to address the
risks and hazards to miner safety from the use of or impairment from
alcohol and drugs on mine property.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 10/04/05 70 FR 57808
ANPRM Comment Period End 11/27/05
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Local
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB41
_______________________________________________________________________
1820. EQUIVALENCY EVALUATION OF THE U.S. ENVIRONMENTAL PROTECTION
AGENCY'S NONROAD DIESEL ENGINE STANDARDS
Priority: Other Significant
Legal Authority: 30 USC 957
CFR Citation: 30 CFR 7
Legal Deadline: None
Abstract: MSHA is reviewing the U.S. Environmental Protection Agency's
(EPA) standards for nonroad diesel engines. The review will determine
if certain EPA requirements in 40 CFR part 89 (Control of Emissions
From New and In-Use Nonroad Compression-Ignition Engines), provide or
can be modified to provide at least the same degree of protection as
existing requirements in 30 CFR part 7, subpart E (Diesel Engines
Intended for Use in Underground Coal Mines). This review is limited to
the testing of Category B diesel engines as defined in 30 CFR 7.82
(Definitions).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice of Intent to Review the
U.S. Environmental Protection
Agency Title 03/28/06 71 FR 15358
End of Comment Period 05/30/06
Final Action 04/00/08
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB43
_______________________________________________________________________
1821. CONTINUOUS PERSONAL DUST MONITORS
Priority: Other Significant
Legal Authority: 30 USC 811
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On June 24, 2003, MSHA announced that all work on its Plan
Verification and Single-Sample Respirable Coal Mine Dust final rules
would cease and the rulemaking record would remain open in order to
obtain information concerning Continuous Personal Dust Monitors (CPDMs)
currently being tested by NIOSH. A Federal Register notice was
published on July 3, 2003, extending the comment periods indefinitely.
NIOSH issued a report on the CPDM in September 2001. MSHA will solicit
public input on potential applications of this new monitoring
technology in coal mines.
Statement of Need: Respirable coal mine dust levels in this country are
significantly lower than they were over two decades ago. Despite this
progress, there continues to be concern about our current sampling
program and MSHA's ability to accurately measure and maintain
respirable coal mine dust at or below the applicable standard. The new
CPDM, unlike the technology that has been employed since 1970 to
measure concentrations of respirable coal mine dust, offers the
capability to provide accurate and timely continuous readings of the
dust level during a shift. Responses to this Request for Information
(RFI) will assist the Agency in determining: (1) how to deploy the CPDM
in coal mines and utilize its coal dust monitoring capability to
further improve miner health protection from disabling occupational
lung disease; and (2) the regulatory and non-regulatory actions that
would promote its use for exposure monitoring and control.
Summary of Legal Basis: This RFI is authorized by sections 101 and 103
of the Federal Mine Safety and Health Act of 1977.
[[Page 22859]]
Alternatives: This RFI would explore options for amending and improving
health protection from that afforded by the existing standards.
Anticipated Cost and Benefits: MSHA will develop a preliminary economic
analysis to accompany any proposed rule that may be developed.
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 black lung, which is
potentially disabling and can cause death. MSHA is pursuing both
regulatory and nonregulatory actions to eliminate this disease through
the control of coal mine respirable dust levels in mines and reduction
of miners' exposure.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
Related RIN: Related to 1219-AB14, Related to 1219-AB18
RIN: 1219-AB48
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________
1822. EMERGENCY MINE EVACUATION
Priority: Economically Significant. Major under 5 USC 801.
Unfunded Mandates: This action may affect the private sector under PL
104-4.
Legal Authority: 30 USC 811; 30 USC 813; 30 USC 825; 30 USC 876
CFR Citation: 30 CFR 48; 30 CFR 50; 30 CFR 75
Legal Deadline: Final, Statutory, December 9, 2006.
Abstract: The Mine Safety and Health Administration (MSHA) published an
emergency temporary standard on March 9, 2006. Under section 101(b) of
the Federal Mine Safety and Health Act of 1977 (Mine Act) the emergency
temporary standard was effective immediately. MSHA, however, must
publish a final rule no later than nine months after publication of an
emergency temporary standard in accordance with section 101(b) of the
Mine Act. MSHA has issued a final rule. The final rule incorporated
relevant requirements of the Mine Improvement and New Emergency
Response Act (MINER Act) of 2006. The final rule included requirements
for immediate accident notification applicable to all underground and
surface mines. The final rule also addressed requirements for self-
contained self-rescuer storage and use; emergency evacuation and self-
rescuer training and drills; and the installation and maintenance of
lifelines that are applicable to all underground coal mines.
Statement of Need: MSHA issued the emergency temporary standard, which
focused on the evacuation of underground coal mines and immediate
accident notification, applicable to all underground and surface mines,
to fill a critical need when a mine emergency occurs. Because the
emergency temporary standard was immediately effective, MSHA gained
experience with the rule. MSHA affirms that the requirements
implemented under the emergency temporary standard provide all miners
additional critical protection through prompt accident reporting and,
in addition, provide all underground coal miners additional critical
tools and training to complete a successful mine evacuation.
Summary of Legal Basis: Promulgation of this regulation is authorized
by section 101 of the Federal Mine Safety and Health Act of 1977 and
the Mine Improvement and New Emergency Response Act of 2006 (Public Law
109-236).
Alternatives: This final rule provided: (1) the safety protections
afforded to miners by the existing temporary standard; and (2)
additional protections through implementation of parts of the MINER
Act.
Anticipated Cost and Benefits: The anticipated costs and benefits of
the final rule focus on miners having the tools to successfully escape
a serious mine accident that requires emergency evacuation of the mine.
MSHA prepared a regulatory economic analysis for the final rule.
Risks: Mining continues to be one of the most hazardous occupations in
the United States. In calendar year 2004, there were 634 underground
coal mine operators employing 33,490 miners and 3,697 contractor
workers who work underground in coal mines. In total, there were
214,450 miners and 72,739 contract workers who work in the 14,480 U.S.
mines. In 2004, 56 miners died in mining accidents, over 8,000 miners
suffered nonfatal injuries resulting in lost work days; and over 3,400
miners suffered injuries that resulted in no lost work days. The final
rule requirements provide underground coal miners necessary tools to
successfully escape a serious mine accident.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Emergency Temporary Standard 03/09/06 71 FR 12252
Emergency Temporary Standard
Effective 04/10/06
Change of Public Hearing Dates 03/27/06 71 FR 15028
Emergency Mine Evacuation Public
Hearing 04/24/06
Emergency Mine Evacuation Public
Hearing 04/26/06
Emergency Mine Evacuation Public
Hearing 04/28/06
[[Page 22860]]
Emergency Mine Evacuation Public
Hearing 05/09/06
Comment Period Extended 05/24/06 71 FR 29785
Comment Period End 06/29/06
Final Action 12/08/06 71 FR 71430
Final Action Effective 12/08/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB46
_______________________________________________________________________
1823. CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES
Priority: Other Significant
Legal Authority: 30 USC 815; 30 USC 820; 30 USC 957
CFR Citation: 30 CFR 100
Legal Deadline: Final, Statutory, December 30, 2006.
The MINER Act established a deadline of December 30, 2006, for MSHA to
complete the Civil Penalties rulemaking. MSHA did not meet that
deadline, but the agency has been applying the higher MINER Act
penalties since the date of enactment.
Abstract: MSHA is proposing to amend its civil penalty regulations to
increase penalty amounts, to revise the process for proposing civil
penalties and to implement requirements of the Mine Improvement and New
Emergency Response Act (MINER Act) of 2006. The key civil penalty
provisions of the MINER Act are: minimum penalties of $2,000 for
unwarrantable failure violations and $4,000 for repeated similar
violations; penalties of $5,000 to $60,000 for failure to timely notify
MSHA of a death, injury, or entrapment with a reasonable potential to
cause death; and penalties of up to $220,000 for ``flagrant''
violations.
Statement of Need: A recent upward trend in citations for violations of
MSHA's safety and health regulations, coupled with several tragic
accidents in 2006, have called into question the effectiveness of the
current civil penalty regulations. Congress responded by passing the
MINER Act to provide MSHA with statutory authority to change the civil
penalty regulations. As a result the final rule strengthens the
existing regulations, improves miner safety and health, and reduces
fatalities.
Summary of Legal Basis: This regulation is authorized by the Federal
Mine Safety and Health Act of 1977 and the MINER Act of 2006.
Alternatives: The Agency considered a variety of approaches for
calculating civil penalties and is publishing the approach that it
believes best achieves the objectives of the Agency.
Anticipated Cost and Benefits: Using 2005 violation and assessment data
as a baseline, MSHA estimated that all violations in 2005, if assessed
under the final rule, would result in approximately $69.3 million in
penalties annually, which is an increase of $44.5 million. However,
MSHA projected that the higher penalties will induce operators to
increase compliance efforts, which would cost an estimated $9.5 million
and decrease the number of violations by approximately 20 percent. The
resulting increase in penalties is estimated to be approximately $22.1
million. In addition, a new provision requiring a written request for
safety and health conferences will have an annual cost of approximately
$0.1 million. Taking all of these effects into account, the total cost
of the rule would be $31.6 million yearly.
MSHA believes the projected increased compliance with health and safety
regulations would result in fewer injuries and fatalities, but these
benefits have not been scientifically established. Accordingly, MSHA
did not prepare a quantitative estimate of the expected reduction in
injuries and fatalities.
Risks: The Mine Act imposes civil penalties as a means of ensuring
compliance with the requirements of the Act. 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. According to MSHA's 2005 production data, this regulation
applies to 14,666 mine operators and 6,585 independent contractors, as
well as the 261,449 miners and 83,267 contract workers they employ.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/08/06 71 FR 53054
NPRM Comment Period End 10/23/06
NPRM Comment Period Reopened 10/26/06 71 FR 62572
NPRM Comment Period End 11/09/06
Final Action 03/22/07 72 FR 13592
Final Action Effective 04/23/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov
URL For Public Comments:
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
Email: silvey.patricia@dol.gov
RIN: 1219-AB51
[[Page 22861]]
_______________________________________________________________________
Department of Labor (DOL) Prerule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1824. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA
Priority: Economically Significant. Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29
CFR 1926
Legal Deadline: None
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 recommended by the American
Conference of Governmental Industrial Hygienists (ACGIH) in 1971
(PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current
PEL for construction and maritime (derived from ACGIH's 1962 Threshold
Limit Value) is based on particle counting technology, which is
considered obsolete. NIOSH and ACGIH recommend a 50[micro]/m3 exposure
limit for respirable 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 (ASTM) has published a recommended
standard 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.
Statement of Need: Over 2 million 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; between 1990 and 1996, 200 to 300
deaths per year are known to have occurred where silicosis was
identified on 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 (IARC) has designated crystalline silica as 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
respiratory 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 maritime
workers, and to address some specific issues that will need to be
resolved to propose a comprehensive standard.
Summary of 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 non-regulatory 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. The Agency is currently evaluating several options for the
scope of the rulemaking.
Anticipated Cost 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 12/19/03
Complete Peer Review of Health
Effects and Risk Assessment 09/00/07
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB70
_______________________________________________________________________
1825. OCCUPATIONAL EXPOSURE TO BERYLLIUM
Priority: Economically Significant. Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency
temporary standard by 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.
[[Page 22862]]
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 is using this information to develop a proposed rule
addressing occupational exposure to beryllium.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 11/26/02 67 FR 70707
Complete SBREFA Report 09/00/07
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB76
_______________________________________________________________________
1826. IONIZING RADIATION
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.109
Legal Deadline: None
Abstract: OSHA is considering amending 29 CFR 1910.1096 that addresses
exposure to ionizing radiation. The OSHA regulations were published in
1974, with only minor revisions since that time. The Department of
Energy and the Nuclear Regulatory Commission both have more extensive
radiation standards that reflect new technological and safety advances.
In addition, radiation is now used for a broader variety of purposes,
including health care, food safety, mail processing, and baggage
screening. OSHA is in the process of reviewing information about the
issue, and will determine the appropriate course of action regarding
this standard when the review is completed. A request for information
was published on May 3, 2005. Subsequently, the National Academy of
Science released the latest version of a significant report on the
biological effects of ionizing radiation. OSHA extended the comment
period on the request for information to ensure commenters had the
opportunity to consider this new report. The next step for the ionizing
radiation project is to hold discussions with key stakeholders. OSHA
plans to hold a series of meetings targeted to specific stakeholder
groups including state organizations with responsibility for worker
exposure to ionizing radiation, professional associations and specific
industry groups such as dental, medical and veterinary professionals.
OSHA believes that these targeted meetings will be detailed technical
discussions that will inform the Agency on current practices, the use
of radiation devices and approaches to protecting employees from
exposure to ionizing radiation.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information (RFI) 05/03/05 70 FR 22828
Request for Information Comment
Period End 08/01/05 70 FR 22828
Request for Information Comment
Period Extended 11/28/05 70 FR 44074
Stakeholder Meetings 03/05/07 72 FR 9716
Stakeholders Meeting 04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC11
_______________________________________________________________________
1827. EMERGENCY RESPONSE AND PREPAREDNESS
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: Emergency responder health and safety is currently regulated
primarily under the following standards: the fire brigade standard (29
CFR 1910.156); hazardous waste operations and emergency response (29
CFR 1910.120); the respiratory protection standard (29 CFR 1910.134);
the permit-required confined space standard (29 CFR 1910.146); and the
bloodborne pathogens standard (29 CFR 1910.1030). 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. Many do not reflect major changes in performance
specifications for protective clothing and equipment. Current OSHA
standards also do not reflect all the major developments in safety and
health practices that have already been accepted by the emergency
response community and incorporated into National Fire Protection
Association (NFPA) and American National Standards Institute consensus
standards. OSHA will be collecting information to evaluate what action
the agency should take.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 07/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
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
[[Page 22863]]
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC17
_______________________________________________________________________
1828. LEAD IN CONSTRUCTION (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610
CFR Citation: 29 CFR 1926.62
Legal Deadline: None
Abstract: OSHA will undertake a review of the Lead in Construction
Standard (29 CFR 1926.62) 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, impacts of the
rule comments on the rule received from the public, the complexity of
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 last evaluated.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 06/06/05 70 FR 32739
End Review Comment 09/06/05 70 FR 32739
End Review 07/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov
RIN: 1218-AC18
_______________________________________________________________________
1829. REVISION AND UPDATE OF STANDARDS FOR POWER PRESSES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR Part 1910.217
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration's (OSHA)
mechanical power press standard (29 CFR 1910.217) protects employees
from injuries that result from working with or around mechanical power
presses through the use of machine guards (prevents hands in danger
zone) and through limitations on initiation of a press cycle (either
two-hand or foot operated). A presence-sensing device (PSD), typically
a light curtain, initiates a press cycle only when the system indicates
that no objects, such as a hand, are within the hazard zone. OSHA
adopted the use of presence-sensing device initiation (PSDI) on
mechanical power presses believing that the provision would
substantially protect workers and improve productivity. However, OSHA
requires PSDI systems to be validated by an OSHA-certified third party,
and no organization has agreed to validate PSDI installations. OSHA
performed a lookback review of PSDI and determined that the current
ANSI standard permits PSDI without independent validation but includes
other provisions to maintain PSDI safety.
Based on its completion of the look-back review of PSDI (69 FR 31927),
OSHA is planning to revise and update the standard on power presses,
which currently covers only mechanical power presses. OSHA will base
the revision of the 2001 or later edition of the American National
Standards Institute (ANSI) standard on Mechanical Power Presses, ANSI
B11.1. Further, OSHA is considering expanding the standard to cover
other presses such as hydraulic and pneumatic power presses and to
include the latest guarding techniques. This revision will provide the
first major update of the Mechanical Power Presses Standard since it
was originally published in 1971.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Federalism: Undetermined
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC22
_______________________________________________________________________
1830. METHYLENE CHLORIDE (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610
CFR Citation: 29 CFR 1910.1052
Legal Deadline: None
Abstract: OSHA will undertake 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 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 12/01/06
Request for Comments 06/00/07
End Review 06/00/08
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
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: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov
RIN: 1218-AC23
[[Page 22864]]
_______________________________________________________________________
Department of Labor (DOL) Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1831. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING
SUFFOCATION/EXPLOSIONS IN CONFINED SPACES
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1926.36
Legal Deadline: None
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.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Panel Report 11/24/03
NPRM 08/00/07
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Construction,
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue NW., Room N-3467, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1678
RIN: 1218-AB47
_______________________________________________________________________
1832. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 33 USC 941
CFR Citation: 29 CFR 1915 subpart F
Legal Deadline: None
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. Publication
of a proposal addressing general working conditions in shipyards is
part of this project. The operations addressed in this rulemaking
relate to general working conditions such as housekeeping,
illumination, sanitation, first aid, and lockout/tagout. About 100,000
workers are potentially exposed to these hazards annually.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB50
_______________________________________________________________________
1833. CRANES AND DERRICKS
Priority: Other Significant. Major under 5 USC 801.
Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1926
Legal Deadline: None
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 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.
Statement of Need: There have been considerable technological changes
since the consensus standards upon which the 1971 OSHA standard is
based were developed. In addition, industry consensus standards for
derricks and crawler, truck and locomotive cranes were updated as
recently as 2004.
The industry indicated that over the past 30 years, considerable
changes in both work processes and crane technology have occurred.
There are estimated to be 64 to 82 fatalities associated with cranes
each year in construction, and a more up-to-date standard would help
prevent them.
Summary of 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 USC 651).
Alternatives: The alternative to the proposed rulemaking would be to
take no regulatory action and not update the standards in 29 CFR
1926.550 pertaining to cranes and derricks.
Anticipated Cost and Benefits: The estimates of the costs and benefits
are still under development.
Risks: OSHA's risk analysis is under development.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice of Intent To Establish
Negotiated Rulemaking 07/16/02 67 FR 46612
Comment Period End 09/16/02
Request for Comments on Proposed
Committee Members 02/27/03 68 FR 9036
Request for Comment Period End 03/31/03 68 FR 9036
Established Negotiated
Rulemaking Committee 06/12/03 68 FR 35172
Rulemaking Negotiations
Completed 07/30/04
SBREFA Report 10/17/06
NPRM 10/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Steven F. Witt, Director, Directorate of Construction,
Department of Labor, Occupational
[[Page 22865]]
Safety and Health Administration, 200 Constitution Avenue NW., Room N-
3467, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1678
RIN: 1218-AC01
_______________________________________________________________________
1834. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARDS
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917 to 1918; 29 CFR
1926
Legal Deadline: None
Abstract: Under section 6(a) of the OSH Act, during the first two years
of the Act, the Agency was directed to adopt national consensus
standards as OSHA standards. Some of these standards were adopted as
regulatory text, while others were incorporated by reference. In the
more than 30 years since these standards were adopted by OSHA, the
organizations responsible for these consensus standards have issued
updated versions of these standards. However, in most cases, OSHA has
not revised its regulations to reflect later editions of the consensus
standards. OSHA standards also continue to incorporate by reference
various consensus standards that are now outdated and, in some cases,
out of print.
The Agency is undertaking a multi-year project to update these
standards. A notice describing the project was published in the Federal
Register on November 24, 2004 (69 FR 68283). The first final rule was
published on September 13, 2005. Several additional sets of standards
are in preparation.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/24/04 69 FR 68706
Direct Final Rule 11/24/04 69 FR 68712
NPRM Comment Period End 12/27/04 69 FR 68706
Withdraw Direct Final Rule 02/18/05 70 FR 8290
Direct Final Rule Effective Date02/22/05
Final Rule 09/13/05 70 FR 53925
Final Rule Effective 11/14/05
NPRM 05/00/07
Direct Final Rule 06/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC08
_______________________________________________________________________
1835. EXPLOSIVES
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910.109
Legal Deadline: None
Abstract: OSHA is amending 29 CFR 1910.109 that addresses explosives
and blasting agents. These OSHA regulations were published in 1974, and
many of the provisions do not reflect technological and safety advances
made by the industry since that time. Additionally, the standard
contains outdated references and classifications. Two trade
associations representing many of the employers subject to this rule
have petitioned the Agency to consider revising it, and have
recommended changes they believe address the concerns they are raising.
Initially, OSHA planned to revise the pyrotechnics requirements in this
NPRM. However, based on our work to date, it appears appropriate to
reserve action on these requirements for a second phase of rulemaking.
The agency therefore plans to propose revisions to 29 CFR 1910.109
without any changes to the existing pyrotechnics requirements, and at a
future date will develop a proposed rule for pyrotechnics revision.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/07
Analyze Record 08/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC09
_______________________________________________________________________
1836. STANDARDS IMPROVEMENT
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: Not Yet Determined
Legal Deadline: None
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 (SIPs) 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 will be publishing an advance notice of
proposed rulemaking (ANPRM) to solicit input from the public on rules
that may be addressed in Phase III of SIPS. The Agency plans to include
both safety and health topics in Phase III.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 12/21/06 71 FR 76623
Analyze Record 04/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC19
[[Page 22866]]
_______________________________________________________________________
1837. HAZARD COMMUNICATION
Priority: Other Significant
Legal Authority: 29 USC 655(b); 29 USC 657
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
Legal Deadline: None
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 (US), 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 longstanding 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 considering adoption of the GHS into their national
regulatory systems. There is an international goal to have as many
countries as possible implement the GHS by 2008. OSHA is considering
modifying its HCS to make it consistent with the GHS. This would
involve changing the criteria for classifying health and physical
hazards, adopting standardized labeling requirements, and requiring a
standardized order of information for safety data sheets.
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. 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.
Additionally, comprehensibility of hazard information 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.
Several nations, as well as the European Union, are preparing proposals
for adoption of the GHS. US manufacturers, employers, and employees
will be at a disadvantage in the event that our system of hazard
communication is not compliant with the GHS.
Summary of 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.
Anticipated Cost and Benefits: The estimates of the costs and benefits
are still under development.
Risks: OSHA's risk analysis is under development.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/12/06 71 FR 53617
ANPRM Comment Period End 11/13/06
Complete Peer Review of Economic
Analysis 08/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC20
_______________________________________________________________________
1838. NATIONALLY RECOGNIZED TESTING LABORATORIES FEE SCHEDULE - REVISED
APPROACH
Priority: Info./Admin./Other. Major status under 5 USC 801 is
undetermined.
Legal Authority: 31 USC 9701; 29 USC 653; 29 USC 655; 29 USC 657
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration is
proposing to adjust the fees that the Agency charges
[[Page 22867]]
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.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Ruth McCully, Director, Directorate of Science,
Technology, and Medicine, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., Room N3653, FP
Building, Washington, DC 20210
Phone: 202 693-2300
Fax: 202 693-1644
Email: mccully.ruth@dol.gov
RIN: 1218-AC27
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1839. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918)--REOPENING
OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS))
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 29 USC 655(b); 33 USC 941
CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85
Legal Deadline: None
Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62
FR 40142). However, in that rule, the Agency reserved provisions
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve
the lifting of two or more empty intermodal containers, secured
together with twist locks, at the same time. OSHA has continued to work
with national and international organizations to gather additional
information on the safety of VTLs. The Agency has published an NPRM to
address safety issues related to VTLs. The extended comment period
concluded February 13, 2004, and an informal public hearing was held on
July 29 to 30, 2004. The rulemaking record was open through November
30, 2004. Subsequently, new information was submitted to the docket.
The Administrative Law Judge gave hearing participants 45 days to
review this information and comment on it. Comments were due June 27,
2005. The Agency is analyzing the information and comments received to
prepare the final action.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/06/94 59 FR 28594
NPRM Comment Period End 09/23/94
Final Rule on Longshoring/Marine07/25/97 62 FR 40142
Public Meeting on VTLs - 1/27/
1998 10/09/97 62 FR 52671
Second NPRM 09/16/03 68 FR 54298
NPRM Comment Period End 2/13/04 12/10/03 68 FR 68804
Public Hearing 07/29/04 69 FR 19361
Final Action 12/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AA56
_______________________________________________________________________
1840. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL
PROTECTIVE EQUIPMENT
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR
1926 subpart V; 29 CFR 1926.97
Legal Deadline: None
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 30 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
[[Page 22868]]
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 power generation,
transmission and distribution work. OSHA published an NPRM on June 15,
2005. A public hearing was held March 6 to 14, 2006.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
SBREFA Report 06/30/03
NPRM 06/15/05 70 FR 34821
NPRM Comment Period End 10/13/05
Comment Period Extended to 01/
11/2006 10/12/05 70 FR 59290
Public Hearing to be held 03/06/
2006 10/12/05 70 FR 59290
Post-Hearing Comment Period End 07/14/06
Final Action 01/00/08
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Local
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB67
_______________________________________________________________________
1841. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT
Priority: Other Significant
Legal Authority: 29 USC 655(b); 29 USC 657; 33 USC 941; 40 USC 333
CFR Citation: 29 CFR 1910.132; 29 CFR 1915.152; 29 CFR 1917.96; 29 CFR
1918.106; 29 CFR 1926.95
Legal Deadline: None
Abstract: Generally, OSHA standards require that protective equipment
(including personal protective equipment (PPE)) be provided and used
when necessary to protect employees from hazards that can cause them
injury, illness, or physical harm. In this discussion, OSHA uses the
abbreviation PPE to cover both personal protective equipment and other
protective equipment. In 1999, OSHA proposed to require employers to
pay for PPE, with a few exceptions. The Agency continues to consider
how to address this issue, and re-opened the record on July 8, 2004, to
get input on issues related to PPE considered to be a ``tool of the
trade.'' The comment period ended August 23, 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/30/99 64 FR 15401
NPRM Comment Period End 06/14/99
Informal Public Hearing End 08/13/99
Limited Reopening of Record 07/08/04 69 FR 41221
Comment Period End 08/23/04
Final Action 11/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, Local, State
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB77
_______________________________________________________________________
1842. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL
EMPLOYEE PROTECTION STATUTES
Priority: Other Significant
Legal Authority: 42 USC 300j-9(i); 33 USC 1367; 15 USC 2622; 42 USC
6971; 42 USC 7622; 42 USC 9610; 42 USC 5851;
CFR Citation: 29 CFR 24
Legal Deadline: None
Abstract: Section 629, the employee protection provision of the Energy
Policy Act of 2005 amended the Energy Reorganization Act of 1978, 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 the six EPA
statutes.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 04/00/07
Interim Final Rule Comment
Period End 04/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Nilgun Tolek, Director, Office of Investigative
Assistance, Department of Labor, Occupational Safety and Health
Administration, FP Building N3610, 200 Constitution Avenue NW.,
Washington, DC 20210
Phone: 202 693-2531
Fax: 202 693-2369
RIN: 1218-AC25
[[Page 22869]]
_______________________________________________________________________
Department of Labor (DOL) Long-Term Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1843. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS
(1910) (SLIPS, TRIPS, AND FALL PREVENTION)
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910 subparts D and I
Legal Deadline: None
Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip,
trip, and fall hazards and establishing requirements for personal fall
protection systems. 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 a number of issues raised in the record for the NPRM. 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 will develop a new
proposal, modified to reflect current information, as well as re-assess
the impact.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/10/90 55 FR 13360
NPRM Comment Period End 08/22/90
Hearing 09/11/90 55 FR 29224
Reopen Record 05/02/03 68 FR 23527
Comment Period End 07/31/03
NPRM 04/00/08
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB80
_______________________________________________________________________
1844. HEARING CONSERVATION PROGRAM FOR CONSTRUCTION WORKERS
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 29 USC 655(b); 40 USC 333
CFR Citation: 29 CFR 1926.52
Legal Deadline: None
Abstract: OSHA issued a section 6(b)(5) health standard mandating a
comprehensive hearing conservation program for noise-exposed workers in
general industry in 1983. However, no rule was promulgated to cover
workers in the construction industry. A number of recent studies have
shown that many construction workers experience work-related hearing
loss. In addition, the use of engineering, administrative and personal
protective equipment to reduce exposures to noise is not extensive in
this industry. OSHA published an advance notice of proposed rulemaking
to gather information on the extent of noise-induced hearing loss among
workers in different trades in this industry, current practices to
reduce this loss, and additional approaches and protections that could
be used to prevent such loss in the future. Work continues on
collecting and analyzing information to determine technological and
economic feasibility of possible approaches.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/05/02 67 FR 50610
ANPRM Comment Period End 11/04/02
Stakeholder Meetings 03/24/04
Additional Stakeholder Meeting 07/21/04
Next Action Undetermined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB89
_______________________________________________________________________
Department of Labor (DOL) Completed Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________
1845. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS
Priority: Other Significant
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: The Occupational Safety and Health Administration (OSHA)
proposed to revise and update its 29 CFR 1910 subpart S--Electrical
Standards. OSHA relied heavily on the National Fire Protection
Association's (NFPA's) 70 E standard for Electrical Safety Requirements
for Employee Workplaces. This revision will provide the first update of
the General Industry--Electrical Standard since it was originally
published in 1981. OSHA intends to complete this project in several
stages. An NPRM was published on April 5, 2004. The first stage covers
design safety standards for electrical systems, while the second stage
will cover safety-related maintenance and work practice requirements
and safety requirements for special equipment. It will thus allow the
latest technological developments to be considered. Several of these
state-of-the-art safety developments will be addressed by OSHA for the
first time. OSHA has evaluated public comment received in response to
the NPRM, and a final action is being prepared.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/05/04 69 FR 17773
NPRM Comment Period End 06/04/04
[[Page 22870]]
Final Rule 02/14/07 72 FR 7136
Final Action Effective 08/13/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB95
_______________________________________________________________________
1846. EXCAVATIONS (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 651 et seq; 5 USC 610
CFR Citation: 29 CFR 1926.650 to 1926.652
Legal Deadline: None
Abstract: OSHA has undertaken a review of the Agency's Excavations
Standard (29 CFR 1926.650 to 1926.652) in accordance with the
requirements of the Regulatory Flexibility Act and section 5 of
Executive Order 12866. The review is considering the continued need for
the rule, the impacts of the rule, public comments on the rule, the
complexity of the rule, and whether the rule overlaps, duplicates, or
conflicts with other regulations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Begin Review 12/01/01
Request for Comments 08/21/02 67 FR 54103
Comment Period End 11/19/02
End Review 03/29/07 72 FR 14727
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov
RIN: 1218-AC02
_______________________________________________________________________
1847. NFPA STANDARDS IN SHIPYARD FIRE PROTECTION
Priority: Substantive, Nonsignificant
Legal Authority: 29 USC 655(b); 29 USC 657
CFR Citation: 29 CFR 1915.4; 29 CFR 1915.505; 29 CFR 1915.507
Legal Deadline: None
Abstract: In this rulemaking, OSHA is updating National Fire Protection
Association (NFPA) standards incorporated by reference in the OSHA 29
CFR part 1915 subpart P fire protection standards. OSHA published a
final rule for subpart P in 2004 that included nine NFPA standards that
have been updated since the rule was proposed. OSHA plans to issue a
direct final rulemaking, along with a notice of proposed rulemaking, to
update the NFPA standards.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/17/06 71 FR 60932
Direct Final Rule 10/17/06 71 FR 60843
NPRM Comment Period End 11/16/06
Review Comments 12/29/06
Direct Final Rule Effective 01/16/07 72 FR 7
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC16
_______________________________________________________________________
1848. NOTICE ON SUPPLIER'S DECLARATION OF CONFORMITY (SDOC)
Priority: Info./Admin./Other
Legal Authority: 29 USC 655(b)
CFR Citation: 29 CFR 1910
Legal Deadline: None
Abstract: OSHA requested information and comments on a specific
proposal submitted to OSHA to permit the use of a Supplier's
Declaration of Conformity (SDoC) as part of, or as an alternative to,
the Nationally Recognized Testing Laboratories (NRTLs) product approval
process. NTRLs are third-party (i.e., independent) organizations, and
many of OSHA's workplace standards require that certain types of
equipment be approved by an NRTL. Under SDoC, manufacturers self-
approve their products.
Based upon the review and analysis of the information gathered during
the RFI process, OSHA has confirmed that its third-party approval
requirements are effective in safeguarding product safety in the
workplace. OSHA has decided to take no further action on the proposal
and to withdraw this agenda item from the Regulatory Agenda.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Request for Information 11/15/05 70 FR 69355
RFI Comment Period End 02/13/06
Review Comments 11/01/06
End Review 11/01/06
Withdrawn 12/29/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Ruth McCully, Director, Directorate of Science,
Technology, and Medicine, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., Room N3653, FP
Building, Washington, DC 20210
Phone: 202 693-2300
Fax: 202 693-1644
Email: mccully.ruth@dol.gov
RIN: 1218-AC21
[[Page 22871]]
_______________________________________________________________________
Department of Labor (DOL) Final Rule Stage
Office of the Assistant Secretary for Veterans' Employment and Training
(ASVET)
_______________________________________________________________________
1849. JOBS FOR VETERANS ACT OF 2002: CONTRACT THRESHOLD AND ELIGIBILITY
GROUPS FOR FEDERAL CONTRACTOR PROGRAM
Priority: Other Significant
Legal Authority: 38 USC 4212(d) as amended by PL 107-288
CFR Citation: 41 CFR 61-300
Legal Deadline: None
Abstract: The Veterans' Employment and Training Service (VETS) is
proposing to issue a notice of proposed rulemaking (NPRM) to implement
changes required by the Jobs for Veterans Act (JVA) of 2002. This Act
amended the Vietnam Veterans' Readjustment Assistance Act of 1974, as
amended (VEVRAA), by revising the reporting threshold from $25,000 to
$100,000. JVA also eliminated the collection categories of special
disabled veterans and veterans of the Vietnam era and added the new
collection categories of disabled veterans and armed forces
expeditionary medal veterans. JVA continues the collection for the
recently separated veterans category, but changed the definition for
that category to include any veteran who served on active duty in the
U.S. military ground, naval, or air service during the 3-year period
beginning on the date of such veteran's discharge or release from
active duty. Additionally, Federal contractors and subcontractors will
be required to report the total number of all current employees in 9
job categories for each hiring location. This proposal will assist VETS
in meeting the statutory requirement of annually collecting the VETS-
100 Report.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/08/06 71 FR 44945
NPRM Comment Period End 10/10/06
Final Action 07/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Organizations
Government Levels Affected: None
Agency Contact: Robert Wilson, Chief, Investigations and Compliance
Division, Department of Labor, Office of the Assistant Secretary for
Veterans' Employment and Training, 200 Constitution Avenue NW., Room S-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: rmwilson@dol.gov
RIN: 1293-AA12
[FR Doc. 07-01418 Filed 04-27-07; 8:45 am]
BILLING CODE 4510-23-S